Article on a Jurisprudential Survey of the Pledge as the Most Important Security for Obligation to Pay
Journal Title: International Research Journal of Applied and Basic Sciences - Year 2016, Vol 10, Issue 6
Abstract
The pledge belongs to the category of loan, obligation to pay, in jurisprudential terminology obligation to pay refers to a general property which forms an obligation upon a person. The pledge is the security of the religion. The pledge is characterized as:a. Consequential. b. Revocable by the mortgagee. c. Being entered into possession of the mortgagee. d. Informality. The basic of acceptability of the pledge are Quran, narratives and consensus. The pledge is done according to some conditions: intention and permission of the transaction parties, property nature of the object of the transaction, the capacity of the parties, specified nature of the object of the transaction, the object of pledge must be a property being entered into possession of the mortgagor, the object of pledge must be a property its possession is possible, and the right of forming the obligation must be established.
Authors and Affiliations
Zabih Motaharikhah *| Department of Jurisprudence and the Fundaments of Islamic Law, Toyserkan Branch, Islamic Azad University, Toyserkan, Iran, email: zabih_motaharikhah@yahoo.com, Nozar Vazin| Department of Jurisprudence and the Fundaments of Islamic Law, Toyserkan Branch, Islamic Azad University, Toyserkan, Iran
Keywords
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