According to the famous belief of Shi'a canons, for mortgage contract to be valid, capability of grasping in mortgaged property and subsequently to be objective are considered as requirements and hence hypothecation of interest is void. This is due to the fact that profits are not considered to be objective and as a result they are not graspable. Iranian legislature also complies with the mentioned belief and in Article 774 of civil code, hypothecation of interest is regarded to be invalid. The present article will deal with some evidence, regulations and doctrines, and after providing a critic of conditioned principle of grasping in mortgage contract, it will discuss possibility of benefit grasping. Finally, in order to determine the legal nature of interest mortgage in the present legal system, the paper will recommend the law maker review hypothecation of interest and use this legal institution economically.
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