The Guaranty interests non mostofat

Necessity of compensation of people’s properties and lives damages, to achieve security in social life has a special position in Islamic law, every day, due to variety of causes, some distance is being created between the owner and his property.  In this paper, it will be clarified that beside the mostofat (utilized) interest, non mostofat (unutilized) interest, is as well under the law of guaranty. In examining the concept of non mostofat (unutilized) interest guaranty, we are encountered with titles such as “lack of profit (Adam-o- alnaf’e)” and “improvement of profit”, that by deep understanding of these concepts, we would see that the difference between scholar’s viewpoint, surly dose not lie on the assertion of the issue, but this discrepancy is in concept and objectivity of non mostofat (unutilized) interest and lack of profit. Majority of non mostofat (unutilized) interest guaranty discussions, have been mentioned in jurisprudence texts, under the illegitimate occupancy or receive in false contract discussions. To prove the possibility of being claimed for non mostofat (unutilized) interest, it is very important to examine independently these two jurisprudence debates. Also, with clarify the Abu- Hanifee’s view about not guaranty of interests, it is possible to gather all grounds of opponents to guaranty the non mostofat (unutilized) interest, in a reasonable and uniform way and may see the bad effects of decree to not guaranty, as well. A scientific survey, even with valid bases and acceptable structures, is of real value provided that its scientific implication is being truly clarified. Comparative the cases like: lack of interest insurance and damage of compensate delay, on non mostofat (unutilized) interest guaranty discussions and lack of profit, is indicating the importance of this issue.