الأولوية في عقد الرهن التجاري: دراسة في الفقه والنظام

Abstract EN

The priority in commercial pawns contracts is defined as a right granted by the system to make one entitled of getting his debt paid from the pawn advanced before all other debtors.

The right of "Priority" is sometimes identified as "the right of preference", "privilege" or "advance"; and all senses are the same.

Commercial pawns have certain terms and condition that must be met.

The main condition is that the pawn must be officially registered.

It is well-known among jurists that all debts are treated similarly in terms of the proportion to be cleared.

The money should be proportionally distributed, otherwise deficiency affects everyone.

This is the basic principle that can only be ruled out by a specific rule like the right to clear alimony first or the wage of a laborer.

Considering the priority in commercial pawns contracts in its general sense in Islamic law and the jurist's findings, one can argue that it is valid and reliable.

Accordingly, a pawn can be offered by more than one person at the same time.

If pawns are similarly offered, then all the parties must come into agreement and the pawns become mutually shared among them according to the proportion of their debts.

If pawns are concluded differently, so the primary pawn should be cleared before the others upon their permission.