التمويل العقاري و ضوابط توظيفه في التعاملات الشرعية : دراسة فقهية

الملخص EN

There are several financing formulas that are handled by real estate institutions in general.

Some of these have been approved by Islamic institutions, and some have been subjected to these controls.

One of these formulas is the so-called mortgage agreement.

It is an innovative method of financing in the real estate market.

The Islamic financial institutions have dealt with it with caution and subjected it to legitimate controls to remove the suspicions of Benefits and Fraud.

France and Egypt promulgated laws regulating this financing, such as the French Mortgage Law No.

579 of 16 July 1971, amended by Law No.

649 of 11 July 1972, and the Egyptian Real Estate Finance Law No.

148 of 2001, which adopted two regulations for real estate finance despite their meeting goals and objectives.

In Iraq, in addition to the ence of the legal regulation of this Agreement, The jurisprudence did not discuss it, despite its importance and the benefits it does not achieve other forms of financing, which prompted the legislator in France and Egypt to regulate this Agreement and find A broad system that includes the legal and material tools necessary to implement this agreement and activate its role in achieving the goals that have been associated with it.

The reason for the lack of legislative and jurisprudential interest in real estate finance in Iraq is the weakness of the real estate environment and the depression of its market due to the political and economic fluctuation experienced by the country in spite of the need of the community and the real estate market and its manufacturing in Iraq to the incentives of real estate finance, so I tried to discuss this subject to determine the legitimacy of Islamic law And to bring his image closer to the Iraqi legislator as a prelude to regulate it in accordance with its legal rules and to benefit from the experiences of the Islamic financial institutions and the French and Egyptian experiences.

On this subject, we dealt with two topics: The first: to define the real estate finance in terms of defining its meaning, indicating its importance, its legal nature and the extent of its legitimacy.

Secondly: to clarify its legal system in terms of identifying the persons of the financing agreement and the obligations of the parties and the guarantees it provides.