Author
Famous, Hamed Abdel Hamid Mohamed Hassanein
Type
Book
Language
Arabic
Digital
Yes
Manuscript
No
Library
Royal Danish Library
Library Asset ID
ISSN: 2536-9504
Record ID
cdi_almandumah_primary_883594
Library Location
DOAJ Directory of Open Access Journals
Notes
The study aimed to identify mortgages in Ottoman Egypt, a documentary study in light of the records of the Sharia courts (1517-1797). The study reviewed the definition of mortgage and the mortgage contract. Then I moved on to talk about receiving the loan and documenting the mortgage contract, and explaining that the provisions of the mortgage contract are valid when the mortgagee takes the mortgaged property from the mortgager, and disposes of it in a way that removes this property from the control of the mortgager. In other words, it is incompatible with the fact that the mortgaged property is a document with the mortgager while not receiving the corresponding money. Then I explained the parties to the mortgage contract, and that the mortgage contract is a contract by which one person commits to another as a guarantee for a debt owed by him or to someone else, and the two parties to the contract are the mortgager and the mortgagee. The study also referred to the nature of mortgage and its disposition, mortgage and facilitating the affairs of mortgagors. It also reviewed the cases of debt repayment, which are represented in the first case: that the condition for postponement be on the part of the debtor, the second case: that the stipulation is the creditor, and the third case: that the condition is for both of them together. Then I moved on to talk about taking the debt from the mortgage, and the debtor’s inability to pay the debt. The results of the study confirmed the effective role played by mortgage in overcoming obstacles to rural and urban production alike, each debtor in his own way and according to his own property in light of the controls of Islamic Sharia that preserved the rights of dealers among themselves. This extract was written by Dar Al Manzumah 2018
Görüntüle
Majallat buḥūth al-Sharq al-Awsaṭ fī al-ʻulūm al-insānīyah wa-al-adabīyah, 2018 (44), p.70-98
