The Mortgage Contractand its effects.

Abstract

In this study the role of the delivery in the mortgage contract is reviewed, having as a result, that in the Law of Islam, movable and immovable property must be differentiated in terms of the need for delivery. In mobile properties, the delivery and its continuity should be considered as the condition for the validity of the mortgage and in real estate, it should be ignored; therefore, the result is suggested to the legislator in future amendments.