Comparison of pledge agreement in Islamic law and today's Turkish law

The subject of this study is to determine the place and content of the pledge contract in Islamic law and today's Turkish law. In our study, the pledge contract was tried to be discussed and compared within the framework of the provisions in Islamic law and Turkish law within the principle and exemplary method. An effort has been made to discuss the legal basis and principles of the provisions regarding pledges regulated in Islamic law, Turkish Civil Code and special laws as a whole. In particular, the types of pledge contracts, the importance of the collection process, and the parties' disposal of the pledge are mentioned. The approaches and systematics of Islamic law schools and Turkish law regarding the pledge contract have been tried to be discussed comparatively. During this study, it has been tried to reach the approaches regarding the articles and provisions of the law regulated in Islamic law and Turkish law regarding the pledge contract. It is aimed to examine and compare the pledge contract, which ensures the security of receivables rights in Islamic law and today's Turkish law and is a means of guarantee in kind due to its nature. The place of the pledge given as collateral in the two legal systems, the approaches of the sects to the subject and their reflections in practice, and their rational and narrative justifications have been tried to be revealed comparatively in the context of the articles and provisions of today's Turkish law. Key Words: Guarantee, Pledge, Pledge Agreement, Contract, Retention/Detention, Compensation, Right of Pledge