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Ruling 2342

A kafālah is valid (ṣaḥīḥ) only if the surety conveys to the creditor – by means of any words, even if they are not in Arabic, or actions – that he undertakes to present the debtor whenever he wishes, and the creditor accepts. And based on obligatory precaution (al‑iḥtiyāṭ al‑wājib), the debtor’s consent is also a requirement for the validity of the kafālah. In fact, the obligatory precaution is that he must be a party of the contract as well, i.e. both the debtor and creditor must both accept the kafālah.