Juridical-Legal Study of Mortgagee's Guarantee Condition

Lack of guarantee for trusty person in jurisprudence is popular. Is mortgagee's guarantee condition valid considering this piece of fact? There are three important views about it: 1- Some considered it contradictory to requirement of a contract and consequently voted for the invalidity of condition and contract, 2- Some others argued for the invalidity of condition and validity of contract, and 3- Some reasoned for the validity of condition. In mortgage, the right of mortgagee for having substance is legitimate. The absoluteness of some traditions indicates that mortgagee has not guarantee neither in the case of conditioning nor in the case of non-conditioning in the contract. Baraat principle refers to the lack of guarantee of mortgagee, as well. So mortgagee's guarantee condition is contrary to Shariah but is not contrary to the requirement of a contract because trust in mortgage is not essential to the contract. The research method of this article is analytical-descriptive.