Seizure of movable assets in accordance with the Palestinian Sharia Enforcement Law No. (17) of 2016

Abstract

This study aimed to identify the problem of asset seizure according to the Palestinian Sharia Enforcement Law No. (17) of 2016, by examining the formal procedures for Sharia enforcement of the seizure of movable assets, the substantive procedures, and the legal conditions for seizing movable assets. It also aimed to clarify the mechanisms for seizing a debtor's movable assets. To achieve the study's objectives, the researchers used a descriptive-analytical approach. Among the most prominent findings were: Enforcement through seizure aims to identify the assets to be seized from among the debtor's assets, in addition to preserving those assets by restricting the debtor's or others' control over them, so that the creditor can ultimately recover their due from the proceeds. Accordingly, the researchers recommended several measures, the most important of which are: granting the enforcement judge the authority to shorten the 14-day enforcement notification period if there is a proven risk of the movable assets being misappropriated or smuggled; and the necessity of activating a direct link between Sharia enforcement departments and official bodies such as the Monetary Authority and the Ministry of Transport and Communications to expedite the seizure of bank accounts and vehicles as soon as the decision is issued, thus preventing the debtor from smuggling their assets.