contract of guaranty as a real security

Contract of guaranty (aqde zaman) as security means (vasiqaye aini ) ,in itself creates a personal security in favor of creditor. But, the parties may agree in the contract on a term which provides that the guarantor must pay his debt from a ascertained goods. Hence, in addition to personal security they create a tangible security in favor of creditor. Therefore, the creditor entitles a real right on that goods and sues to acquire the goods and his right will be preferred on another rights of third persons.
In this case, when the contract of guaranty is concluded, the warrantee will acquire a right of action in the ascertained property so that he can collect its claims from that property.
Islamic jurists have considered the right of warrantee to be equal to the right to mortgage and consider it to have the same effect as mortgage property. From jurisprudential point of view acceptance of this viewpoint subject to an analysis that is presented in terms of the condition to do (شرط فعل)