The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1985- If a person has a right on someone else (for example, he is owed a debt, penalty, blood money, or any other right), or he claims a right which is acceptable, and if another person accepts to be personal surety for the defendant so that the owner of the right or the plaintiff let him go free and when the creditor or the plaintiff asks for the defendant, he (the bailsman) takes the responsibility for the appearance of the defendant before him, this agreement is called kafālah (bail agreement) and the person who accepts such a responsibility is called the kafīl (bailsman).

Issue No. 1986- A personal surety can be pronounced in words in any language, for example, if the guarantor says to the creditor, “I guarantee to produce the debtor in person as and when demanded by you”, and the creditor also accepts it, or they do something that implies the above meaning, whether it is through signing a document or any other thing, the Kafalat (personal surety) will be in order.

Issue No.1987- In a bail agreement, the consent of the person who owes something to someone else is not necessary, therefore, the consent of the debtor is not a condition.

Issue No.1988- The bailsman must be mature, sane and not be coerced to do so and should be able to turn in the person whose guarantor he becomes.

Issue No.1989- The following cases will terminate the bail agreement:1) When the debt of the creditor is paid off.2) When the creditor himself forgives the debt.3) When the debtor dies.4) When the guarantor hands over the debtor or the accused person to the creditor or the plaintiff.5) When the creditor absolves the bailsman from his obligation.6) When the bailsman dies.7) When the creditor hands over his debt by transfer (ḥawālah) or any other way to someone else.

Issue No.1990- If a person gets a debtor released from the hands of his creditor by force and the creditor has no access to the debtor the person who has got the debtor released should hand him over to the creditor or pay his dues. In case a person or persons take over a murderer from the hands of the owner of blood money [in Islamic justice] and let him escape, the Mujtahid or his representative can jail that person or those persons until they hand over the murderer through their own relatives, and if it is not possible to hand over the murderer, they should pay the blood money of the murdered person.

Issue No.1991- If the bailsman proceeded the agreement with the permission of the person in debt while the guarantor has repaid the debt to the creditor, he has the right to take it from the debtor, but if it was not with the consent of the debtor, he has no right to do so.

Issue No.1992- Wadī‘ah means that one deposits his property with another person for protection and safeguarding. If the owner of a property states verbally or without even uttering a verbal formula makes the other person understand that he is giving him that property for safeguarding, and the other person also takes it with the same intention, he should act in accordance with the relevant rulings pertaining to custody (wadī‘ah).

Issue No.1993- Committing treachery in deposit is haram and it is one of the major sins, and if a person accepts something for safeguarding, he should not fail in protecting it and whenever the owner of the property demands it, he should return it to him, whether the owner is Muslim or not.

Issue No.1994- Both trustee and the person who deposits some property through trust should be mature and sane. Therefore, if a minor or an insane person deposits some property with someone, it will not be in order. Similarly, one cannot deposit some property with a minor or an insane person. However, a discerning child can accept a deposit with the permission of his legal guardian.

Issue No.1995- If a person accepts something in trust from a minor or an insane person which belongs to them, he cannot return it to them, rather, he should hand it over to their legal guardian, but if it belongs to someone else, he should return it to its owner. In any case, if that property is lost or damaged, he should compensate its substitute. However, if a person notices that there is something in the hand of a minor or an insane person and he fears that it might be lost or damaged, and he takes it from the minor or the insane person and does not fail in looking after it, he will not be responsible if it is lost or damaged.

Issue No.1996- A person who is not able to take care of a deposit should decline to accept it. However, if the owner of that property is in a weaker position than him in taking care of it and if there is no other person available who can look after it better, then there is no problem in accepting it.