The World Federation One Stop Fiqh

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 (qarḍ), I will pay it’, then him acting as guarantor in the first type of suretyship mentioned in Ruling 2329 is problematic (maḥall al-ishkāl) [i.e. based on obligatory precaution (al-iḥtiyāṭ 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).

3 As mentioned in Ruling 6, the term ‘problematic’ (maḥall al‑ishkāl) amounts to saying the ruling is based on obligatory precaution.