Jurisprudential Conditions of Mortgage in Financial Matters in the Context of the Principles of Four Imams: A Research Review.

Abstract

Financial matters have immense importance in Islam. In human society, one has to deal with other human beings. There are two types of affairs: The one that deals with lifestyle and morality. In such matters, Islam only demands that a person should not harm anyone. The second types are financial matters, whereby the Holy Prophet (PBUH) has stated that the property of a Muslim is not permissible for another man unless he has given his approval. In these financial matters, Islam has made mortgages lawful Its purpose is that if a person borrows something or takes a loan from someone, then the Shari'ah gives the lender and the seller the right to receive a mortgage from the other party equal to the value of the thing being lent or borrowed. In case of any default in payment, the right can be recovered from the thing being mortgaged. This research paper examines mortgages in light of Islamic jurisprudence. Thus, the jurisprudential rules of the mortgage have been researched in the context of the teachings of four Imams.