Risalat al-huquq Journal

Abstract

Abstract:-
The purpose of creating the right mortgage money pledged, is to ensure the fulfillment of religion Altertb by the debtor the moment, as that the purpose of mortgage is Aalostithaq religion to reach it meets the price of the mortgaged if the estimated met in custody now, for the purpose of this is intended to be the commitment of the parties to the mortgage contract obligations under their contract, and the most important commitments is the responsibility of the pledge creditor, is a commitment to maintaining pledged and guaranteed in the case of mortality, and the purpose of discussing the commitment of the mortgagee to ensure encumbered and the extent of its commitment to security in Islamic jurisprudence and law, and the basis of this commitment and the conditions and the possibility of bonded phase from this obligation, and the provisions contained in the case of investigating the responsility of the mortgagee to get rid of for the loss of encumbered, we have to divide this topic into three sections, dealing first section, the position of Islamic jurisprudence to ensure the mortgagee of the money pledged, while we will devote the second section to the position of law, either Section lll Snchrish to reflect the provisions of the mortgagee to ensure that money pledged in Islamic jurisprudence and law .