Investigating the status and effects of mortgage contracts in Islamic law

Document Type : Original Article

Authors

1 PhD Student in Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

2 Professor, Department of Jurisprudence and Fundamentals of Islamic Law, University of Tehran, Iran

3 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

Abstract

A mortgage contract is a contract that is used in transactions and people use it to guarantee themselves or to secure the repayment of their debt. It is a well-known opinion in Islamic law, and especially in Iranian law, that a mortgage contract gives the mortgagor the option that if the mortgagor does not pay his debt, he can refer to the ruler to sell the mortgaged property and withdraw his claim. The property that can be mortgaged are only the property, and as a result, the mortgage of religion and interest is void, and on the other hand, in addition to creating and accepting this contract, we also need a bill. In Iranian law and in the field of maritime mortgage, some general provisions in the civil law have been deviated and the bill is not a condition in this contract and the benefit can be given to the mortgage even in some cases.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 3182-3200

Files

Share

How to cite

Statistics