The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

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Issue No.1978- The guarantor and the creditor should both be mature and sane, and they should not be mentally incompetent nor coerced by anyone. A bankrupt creditor whom the Mujtahid has prevented from having discretion over his property because of bankruptcy, cannot have a guarantor. (That is, he cannot transfer his debt onto someone else.)

Issue No.1979- The person for whom one stands surety should be a debtor at that time. Therefore, if someone is going to take a loan from someone else, one cannot stand as a guarantor unless the loan already has been taken. However, there is no harm if one says to a person, “Employ that staff member or worker, and if he does anything wrong or commits an act of treachery, I will be responsible”, this sort of surety is also valid.

Issue No.1980- In a surety agreement, the creditor, the debtor and the commodity given as loan should be specified. In case, therefore, there are two creditors of a person and the surety willing to guarantee says, ‘I guarantee to pay the debt of one of you”, his guarantee is of no use. Similarly, if there are two debtors of a person, and the person willing to guarantee says, “I guarantee to pay you the debt of one of them”, his becoming a guarantor is void, as he has not specified which one’s debt he would pay. Similarly, if a person has to take 100 kgs of wheat and £100.00, and the surety says, “I guarantee to pay one of the two debts” and does not specify which debt, the guarantee is not in order.

Issue No.1981- If a creditor bestows the debt upon the guarantor, the guarantor cannot claim anything from the former debtor, also in case the creditor gives up a part of his debt, he cannot demand that part from the debtor.

Issue No.1982- The guarantor cannot revoke the surety bond without the consent of the creditor, however there is no harm if the guarantor or the creditor stipulates this option in the agreement it will be in order.

Issue No. 1983- If a person was capable of paying the debt of the creditor at the time he stood as a surety, the creditor cannot cancel his guarantee and demand the payment from the first debtor, even if the guarantor may have become poor afterwards. And the same rule will apply if the surety at the time of guaranteeing was not capable of paying the debt, yet the creditor agreed to his becoming the guarantor despite knowing it. However, if the surety at the time of guaranteeing was not capable of paying the debt, and the creditor was not aware of it, and he comes to know about it afterwards, he can cancel his guarantee.

Issue No.1984- If a person guarantees the payment of the debt of a person, without obtaining his permission, he (the guarantor) cannot demand anything from the debtor, but if it has been with his permission, he can demand it from him after the payment of the debt to the creditor.

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.