Abstract
Islam is a complete code of life and dominant upon all the faculties of life .Along with creed faith and worship, Islam has emphasized on the affairs of daily life. In the connotation of affairs all the components of sale and purchase mentioned in detail. Accordingly ,there is a provision if someone sell a thing to another and the buyer is not eligible to pay the price then there should be written a statement in the presence of two witnesses to pay the price in fix time. If there is neither witness nor the arrangement of writing, so there should be mortgaged something from the buyer. When the buyer pay a loan then the seller should return the mortgaged thing. The originality of mortgage is for the protection of loan not for profit. In present era the purpose of mortgage has changed and is done it for getting profit. Although some imams and Ahl-e-Zawaher provide the capacity for getting profit, so the Jamhoor and Ahnaf don’t allow anyone to get it. To change the original shape of mortgage is illegitimate and is considered as usury. If there is no custom in a certain territory and the man who offer loan does not intend to get profit then with the permission of the person who has received loan ¬¬__provides the facility to get profit, However to avoid this practice is far better in shariah. In the article understudy the originality of mortgage and dissension among different Imams to get profit from it has been discussed. In the end a crucial statement has been mentioned.
عبد القدوس, سبز علی خان. (2014) حکم الانتفاع بالمرھون عند الفقهاء: دراسة مقارنة, Bannu University Research Journal in Islamic Studies, Volume 1, Issue 1.
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