رهن البضائع المنقولة بحرًا عن طريق سند الشحن في القانون اليمني والفقه الإسلامي

Abstract

The research aims to study the concept and judgment of mortgaging goods shipped via a sea of lading, by analysing the legal texts regarding mortgaging by documents in Yemeni law and examining it in accordance with the provisions of Islamic legal related to mortgage. This is to answer the following question: Is it permissible to mortgage goods transported by sea via a bill of lading, or is that not sufficient for the intended purpose of the mortgage?

The research is divided into two paragraphs: The first paragraph discusses the concept of mortgage goods through a bill of lading, while the second paragraph explores the judgment of mortgage goods via a bill of lading.

The research obtained several results, the most significant of which is that mortgaging goods through a sea bill of lading is considered a possessory mortgage for goods transported by sea, which are absent from the parties to the mortgage contract. The bill of lading, representing the goods, provides a guarantee and documentation for the debt. This type of contract is permissible even if the creditor does not physically receive the goods. Mortgaging goods sold before their receipt by the buyer is also allowed, according to the prevailing opinion in Islamic legal.

One of the most important recommendations of the research is adding a specific provision in the Yemeni Maritime Law that aims to utilize the maritime bill of lading as collateral for debt by enhancing and clarifying the mechanisms related to establishing lien rights on the goods represented therein.