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I want to know about any sayings that are related to the daughters role as she was the guarantor


I want to know about the saying of our beloved Profit PBUH in relation to the following:
A daughter asks his father to give loan to her husband and I am the guarantor that he will return the loan amount in 3 days. Even after waiting for complete 2 years the father takes legal action against his son in law.
At this stage the daughter starts claiming that if you take legal action against my husband than it will affect my relationship with you.
The person who took the loan seems to has sufficient funds to hire lawyers but not to pay back the loan he took for 3 days.
In this case I want to know about any sayings that are related to the daughters role as she was the guarantor.
‎جزاك اللهُ خيرا‬


Salamun Alaykum

Thank you for your query.

kindly, please quote the hadith when you want to ask specifically regarding it.

Regarding debt and guarantor, in Islam if the debtor has made someone as his guarantor and if the debtor doesn’t pay the amount back to the lender then the guarantor is responsible and will have to pay.

Ruling 2329. If a person wishes to act as guarantor (Dāmin)(1) for paying off someones debt, it is valid (Sahīh) only if he conveys to the creditor by means of any words, even if they are not in Arabic, or actions that he is acting as guarantor for paying him what he is owed. Furthermore, the creditor must convey his consent to this, but the consent of the debtor is not a condition [for the validity of the person to act as guarantor]. This transaction (muāmalah) is of two types:

1. the guarantor transfers the debt (dayn) that was a liability on the debtor to himself. With this type of transaction, if the guarantor were to die before paying off the debt, then as is the case with other debts, the debt takes priority over inheritance (irth) [i.e. the debt would first need to be paid off before anything from his estate is inherited]. Usually, jurists (fuqahā) intend this meaning when they discuss ‘suretyship’;

2. the guarantor is committed to paying off the debt but is not liable to do so. With this type of transaction, if he does not make a will (wasiyyah), the debt is not to be paid from his estate after his death.

Ruling 2331. Whenever a person places a condition for himself to act as guarantor – for example, he says, ‘If the debtor does not pay back your loan (qar), I will pay it’, then him acting as guarantor in the first type of suretyship mentioned in Ruling 2329 is problematic (maall al-ishkāl) [i.e. based on obligatory precaution (al-ihtiyāt al-wājib), it is not valid].(3) However, there is no problem [in him acting as guarantor in] the second type mentioned in that ruling (masʾalah).


Syed Haider