The Nature of Common Pledge Transactions from the Perspective of Islamic Law

Abstract

Transaction with consideration for the right of return of the sold goods and the price for the contracting parties, which is popularly known as a mortgage or pledge transaction. It is considered one of the controversial issues. On the one hand, human needs require its permissibility; but in practice, it is frowned upon due to the possibility of interest. Therefore, the question arises as to what is the nature and Sharia ruling on promoter mortgage transactions? In response to the above-mentioned question, this article is written in an analytical-descriptive manner, with an introduction and three subjects. From this it follows that the transactions of pawning the supporter have the nature of the sale of loyalty, and the later jurists have considered the sale of loyalty permissible based on social necessities and the prevention of usury. And since in transactions, the intent and meaning are given importance, not the words, if the transaction of a mortgage is carried out under any title or wording, it is considered a sale of fulfillment. And the parties to the transaction can use the goods and the price as lawful benefits until they are returned to each other.