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24. Surety for the Appearance of a Debtor (Kafālah)

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  • Ruling 2341

    Kafālah is when a person undertakes to present a debtor whenever the creditor seeks him. Someone who takes on such an undertaking is called a ‘surety’ (kafīl).

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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 …

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  • Ruling 2343

    The surety must be of the age of legal responsibility (bāligh), sane (ʿāqil), and no one must have compelled him [to enter into the kafālah agreement]. In addition, he must be able to make the person for whom …

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  • Ruling 2344

    One of five things annuls a kafālah agreement:the surety presents the debtor to the creditor, or the debtor submits himself to the creditor;the debt owed to the creditor is paid;the creditor pardons the debt he is owed or …

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  • Ruling 2345

    If a person forcefully frees a debtor from the hands of the creditor, in the event that the creditor does not have access to the debtor, the person who freed the debtor must present him to the creditor …

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