The rule of the mortgage

Contracts in Islamic law Islamic law came in its various provisions regulating the life of people in all its affairs and all aspects of the acts, behaviors and transactions, and include transactions in financial transactions and related to the sale and lease and the company and other types of contracts and forms. Islam gave contracts great attention to the rights of the people and saved them from loss; it came to fulfill the obligations and commitment in many places, including the words of God at the beginning of the table: (O ye who believe, fulfilled the contracts) ,

[1] Contracts are divided in Islamic law according to their nature into four sections, fall under each section including a number of contracts, namely: contracts for trade – offs such as selling and spectrophotometer, contracts for posts and the intervention beneath the different types of companies and provisions, contracts for donations Calebh, wills, contracts documentations including sponsorship and foreclosure and, consequently , in this A recent article about the foreclosure contract, its definition, a statement of a type of mortgage, and clarification of the wisdom of its legislation and its legal ruling. Allowance Definition of foreclosure Mortgage language: Mortgage in the language of the linguistic root of the mortgage, Alra distraction and Nun out of D. True to the stability and permanence,

[2] and all ordered retain him and because of something he is hostage to him,

[3] and from the words of God Almighty: (all the same as earned hostage)

[ 4] and subject to baggage or item religion; ie sequestered are subject to religion;

[5] Valrhn in the language if you see the meaning of stability and permanence, and the meaning of imprisonment, two two meanings are close or Mtaleghan each other; as the confinement requires the stability of the trapped thing and time staying in it. Mortgage in the term legitimate: known mortgage scientists have many definitions close in its meaning and content, and it can be said that the mortgage is to make eye financial document for debt, met and taken them or for them if unable creditor to pay a debt, which is permissible by agreement of scholars, and they quoted as evidence that it is permissible words of Almighty God : “If you are on a journey, and you have not found a writer, Prahaan is accepted, then the security of one of you will be fulfilled, which is entrusted to his faithfulness, and may Allah bless his Lord. By Allah is Knowing what you do) ,

[6] Further evidence by the Prophet -alih prayers and Salam, died -alih prayers and Salam and his shield are subject to a Jew. As narrated by Abdullah bin Abbas , may Allah be pleased with them that -alih prayer and Salam: (the Messenger of Allah , peace be upon him and his companions one day and in his hand a piece of gold said, Abdullah bin Amr Muhammad is saying to his Lord if he died , and this has Then he said, “I am glad that the Prophet Muhammad (peace and blessings of Allaah be upon him) used this mountain and pointed to the mountain and that I was dead and left two dinars.” Ibn Abbas said, “The Messenger of Allaah (peace and blessings of Allaah be upon him) His shield was loaded with thirty saa ‘of barley, which he eats Uncle of a Jewish man) [7] .

[8] The Legitimacy of Foreclosure Allaah has prescribed the pledge as a contract of trusting agreements for debts to the point of great wisdom. This wisdom is as follows: [9] The creditor takes its right from the value of the mortgage if the debtor is unable to pay his debt, which means that his right will not be lost, and that the debtor will not fail to perform the debt and repay it; because he understands that this will expose his mortgage or other property for lack and deduction. In many cases, people shy away from other people’s affairs and may refrain from doing so because they fear that the money will not be returned and returned to them. The mortgage guarantees the creditor the right to return the debt to him, Fill their needs and spend their needs. Mortgage and its governance Property is hard , which can not be moved or transferred from one place to another , such as land, house and buildings, offset by movable , which was capable to convert it from one place to another such as cash, goods, and presentations, animals, Almiklat, various Almozhunat, intended mortgage – making property close to religion when

The creditor, in order to recover his debt from this property if the debtor is unable to pay. As for the ruling of the mortgage, the scholars agree that it is permissible for them to consider that all that is permissible to sell is subject to the sale of the property. And the right of the creditor, and this end is realized whether the mortgaged real estate or movable, [10] The passport of the mortgage in the Holy Quran came at all, in the words of God Almighty:

Conditions of the mortgage contract There are conditions that must be available in the contract of foreclosure on the dispute between the jurists in the particulars and details, namely: [9] The formula: means the acceptance and acceptance of the parties to the contract, and is satisfied with all evidence of satisfaction of the contractors at the majority of jurists. Akdan: two creditor and the debtor, and is required in which the mind and puberty, it is true mortgage of crazy or only a small and whichever provided that they are in the interest of the contract for them. The mortgagor is the movable or real estate that makes a document of debt to be recovered from it or its price in case of non-payment. The mortgagor in it: it is intended to be the right that the pledge was made to guarantee, which is the fixed debt in the debtor’s debt

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