رهن المشاع في الفقه الإسلامي و القانون المدني الأردني

Abstract EN

The original case the mortgaged property is that it is divided and not shared.

However, there are some cases in which it is shared between two persons or more, who own the same real estate and one of the owners, needs to mortgage his share in order to get some money for his needs.

As long as sharing is related to portable and immovable properties, this research is devoted to tackle the subject matter of shard property mortgage.

It studies the concept of this subject, its kinds, causes, the scholars' debate about it.

In addition, it assesses the legitimacy of this type of mortgage, by studying the opinions of jurists, their evidence, discussions and clarifying the selected opinion in this issue.

Further, this study provides the point of view of the Jordanian Civil Law in the latter theme.