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23. Suretyship (Ḍamān)

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  • Ruling 2329

    If a person wishes to act as guarantor (ḍāmin)1 for paying off someone’s debt, it is valid (ṣaḥīḥ) only if he conveys to the creditor – by means of any words, even if they are not in Arabic, …

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  • Ruling 2330

    The guarantor and the creditor must be of the age of legal responsibility (bāligh), sane (ʿāqil), and no one must have compelled them [to enter into the suretyship agreement]. Furthermore, they must not be foolish with finances (safīh),2

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  • 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 …

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  • Ruling 2332

    The person for whom an individual acts as guarantor must be in debt. Therefore, if a person wishes to acquire a loan from someone, one cannot act as guarantor for him until he acquires the loan. This condition …

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  • Ruling 2333

    A person can only act as guarantor if the creditor, debtor, and type of debt are in fact specified. Therefore, if two people are owed by someone and another person says, ‘I act as guarantor for paying the …

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  • Ruling 2334

    If a person acts as guarantor for paying off someone’s debt without the debtor’s consent, he cannot claim anything from him.

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  • Ruling 2335

    If a person acts as guarantor for paying off someone’s debt with the debtor’s consent, he can claim the suretyship amount from him even before he has paid it. However, if he pays the creditor with a commodity …

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  • Ruling 2336

    If a creditor pardons the guarantor what he is owed, the guarantor cannot claim anything from the debtor. Similarly, if the creditor pardons some of it, he cannot claim that amount. However, if the creditor gifts (hibah) all …

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  • Ruling 2337

    If a person acts as guarantor for paying off someone’s debt, he cannot revert from acting as guarantor.

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  • Ruling 2338

    The guarantor and the debtor cannot, based on obligatory precaution, stipulate a condition that permits them to annul the suretyship agreement whenever they wish.

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