أحكام الرهن في الفقه الإسلامي : دراسة مقارنة مع بعض تطبيقاته المعاصرة في ماليزيا

Abstract

The purpose of this study is to understand some of the recent mortgage transactions by comparing Islamic mortgage transaction with non-Islamic practices in order to fulfill the needs of contemporary Muslim society in Malaysia. It employs analytical and critical methodologies of mortgage transactions in Islamic law by examining the contents of Islamic mortgage principles. It also compares these principles with some contemporary civil law in Malaysia and Heshimite Kingdom of Jordan. Classical and contemporary books ofislamic laws, as well as some books of civil laws were analysed. It also examines some of the recent mortgage transactions by referring to some legal contracts of various financial institutions in Malaysia. The study shows that all the mortgage transactions in non-Islamic pawnshops and financial institutions in Malaysia are based on interest which is prohibited in Islam. Equally unislamic is the stipulation in the contract wherein the borrower forfeits the security in case he fails to repay the debt in the stipulated time. On the other hand, the mortgage transactions in Islamic pawnshops and Islamic financial institutions in Malaysia are in accord with Islamic law in almost every activities undertaken by these institutions.