INVESTMENT IN THE CONTRACT OF COLLATERAL IN KIND MORTGAGE: AN ANALYTICAL STUDY FROM THE PERSPECTIVE OF ISLAMIC JURISPRUDENCE AND LIBYAN LAW

This study is about the subject of investing and monetary pledge guarantee contract through benefiting from the pledged money. The problem of the study is focused on the obstacles surrounding investing pledged money and turning it into an asset and a form of profit although its main purpose was guaranteeing the return of the debt. The study aims to define the monetary pledge guarantee contract and the right to invest the pledged money in order to save debts from the surrounding dangers of being invested in none-intended purposes. The researcher used the inductive, analytical approach to collect jurisprudential and legal opinions and then analyze it based on the collected data. The research concludes that the main purpose of the pledged money is for it to be utilized it in what it was originally allocated to and in accordance with the nature of giving and receiving. Furthermore, the basics of monetary investments of pledged money must be carried out in accordance with the main purpose of the monetary pledge guarantee contract and in a way that proves and strengths the original contract as well as guarantee the right outcomes.