1. An order for the detention of the Debtor may not be made in the following cases: a. If their age is less than (18) eighteen years or greater than (70) seventy years; b. If they have a child who has not reached the age of (15) fifteen, and their spouse is dead or in custody for any reason; c. If the Debtor is a spouse or ascendant of the Creditor, unless the debt amounts to prescribed maintenance; d. If they provide a bank guarantee or solvent guarantor accepted by the Execution Judge, for payment of the debt at the times specified, or if they reveal property of their in the State which may be enforced against, and which is sufficient for payment of the debt; e. If it is confirmed by certified medical evidence that the Debtor is chronically and incurably ill in such a way as not to be able to withstand detention; f. If the debt being enforced is less than (1,000) one thousand dirhams unless it is a financial fine, maintenance, work wages, or an obligation to work or abstain from work. 2. The Execution Judge may postpone the issuance of an order to detain the Debtor in any of the following two cases: a. If the Debtor is a pregnant woman, and for a period of two years from the date of her delivery, and that period shall be reduced to (3) three months from the date of the birth of her stillborn fetus; or b. If it is confirmed by certified medical evidence that the Debtor is temporarily ill in such a way as not to be able to withstand detention pending their recovery.
Interpretation and application must be checked against the official text and current version.
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