Abstract

The institution of mortgage (real-estate pledge) under Maliki jurisprudence and Mauritanian law is of considerable importance. Indeed, providing evidence of its existence would be somewhat superfluous, as the jurisprudential rulings that have framed it and the legal provisions governing it attest to the status of this institution, which is as old as Islamic jurisprudence itself and continues to evolve with the development of legal provisions. This may explain the rationale for comparing Islamic law and positive law with regard to this institution. The comparison between Maliki jurisprudence and Mauritanian law raises a number of issues, the most significant of which is: To what extent are the provisions of Mauritanian law consistent with the Maliki jurisprudential corpus? This issue is addressed through two sections. The first examines the points of agreement concerning mortgage between Maliki jurisprudence and Mauritanian law, while the second focuses on what may be described as the points of divergence between the Maliki and legal frameworks governing the institution of mortgage.

Keywords

Mortgage; Maliki Jurisprudence; Mauritanian Law; Code of Real Rights; Real Securities; Mortgagee.