بيع المصرف المال المرهون عند عجز المدين عن الوفاء بالدين المضمون في التشريع السوداني

الملخص EN

Experience of the Islamic Banks in Sudan has revealed many legal issues within the policies adopted for compliance with the Islamic context in the performance of contracts and granting finance.

Such issues have been connected with the mortgage as a significant credit instrument.

It is well- known that mortgage is one of the most important ways to provide confidence in the repayment of the amount by the bank.

The nature of the relationship between the Islamic Bank and its investors may change into indebtness relationship in which the Islamic Bank becomes creditor and the client becomes a debtor.

This requires the availability of written documents to establish such indebtness .

The client’s default in the repayment creates a number of difficulties and problems represented in an inadequate legislation to protect the right of the bank in recovering the value of the debts when the client fails in repayment.

Moreover, the client has the right to ensure fair execution procedures on the mortgaged funds without prejudice.

This paper highlights the adequacy of the Sudanese legislation in protecting the right of the bank and the client in the method of execution on mortgaged funds.