وجناية الراهن على الرهن مضمونة
Translation: Injury inflicted on the pledged asset by the pledgor gives rise to liability.
Jināyah here also covers damage short of total destruction that lowers the collateral’s value. The creditor’s protected interest is affected even though ownership remains with the debtor.
Example: the pledgor damages a pledged vehicle and its assessed value drops from 80,000 to 55,000. The loss requires an analysis of compensable diminution; ownership alone does not defeat the claim.
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Pledgor-caused injury short of total destruction
Kitab al-Rahn: Manumission, Destruction and Liability for Injury
وجناية الراهن على الرهن مضمونة
Translation: Injury inflicted on the pledged asset by the pledgor gives rise to liability.
Jināyah here also covers damage short of total destruction that lowers the collateral’s value. The creditor’s protected interest is affected even though ownership remains with the debtor.
Example: the pledgor damages a pledged vehicle and its assessed value drops from 80,000 to 55,000. The loss requires an analysis of compensable diminution; ownership alone does not defeat the claim.