Ancien Culture and Languages

Ancien Culture and Languages

Pledges in Mādayān ī Hazār Dādestān

Document Type : Original Article

Author
Institute for Humanities and Cultural Studies
Abstract
Mādayān ī Hazār Dādestān or the collection of A Thousand Judgments is a legal text. This text was compiled at the end of the Sasanian period, i.e. the beginning of the 7th century AD. Many different legal issues are raised in this text, which can help us in getting to know the legal laws of the pre-Islamic period. Among the legal issues of this text are slavery, guardianship, guarantee, partnership, marriage, divorce, pledge, etc. The topic of this research is about "securities / pledges" which is mentioned in the text with the terms graw and grawgānīh. The purpose of this research is to investigate the issues related to securities / pledges and extract its rules. Questions that this research answers is, in what subjects were the types of securities / pledges used; What are the rules for them and what are their differences? The descriptive analytical research method and the method of data collection is library. Some results are that securities / pledges have been raised in issues such as azišmānd, taking a loan, borrowing money, etc. Its most important rules are signing the contract, determining the time, determining the mortgage, obligations such as keeping the property of the security / pledge safe, etc. One of the laws regarding the security / pledge security / pledge's use of the security / pledge's property was that it allowed him to use their products in the case of land, trees, and slaves. Whenever the debtor paid his debt, the security / pledge had to be released, which was done under certain rules.
Keywords

Volume 4, Issue 1 - Serial Number 6
September 2023
Pages 39-70

  • Receive Date 19 October 2023
  • Revise Date 13 January 2024
  • Accept Date 15 January 2024