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There is no doubt that among the authentication and insurance contracts is guarantee contracts. An example of it is the contract of transfer. Guarantee may be held in debt, in self-ensuring or material ensuring. Guarantee is permissible and allowed in Islam in order to preserve the rights. The guarantor, sponsor and leader all make the same sense for the entire scholars. Allaah the Almighty says: {And those who brought him carrying a camel and I am the leader} (Yusuf: 72), Ibn Abbas said: the leader is guarantor or sponsor.

 

Definition of Guarantee

Guarantee in Arabic language means: commitment.

 

Terminological definition of Guarantee: scholars say that the guarantee contract and the contract for the sponsorship are synonyms meaning the commitment to the fixed right towards other's disclosure like ensuring the debt, or bringing the concerned person like self-ensuring, or handing over guaranteed material.

 

The guarantee is then: annexation of guarantor's disclosure to the concerned person's disclosure in claiming self, debt or material.

 

Major elements of Guarantee:

 

First element: the guarantor or sponsor, is subject to the following conditions:

 

1. Must be a sane adult.

 

2. Must not be interdicted for foolishness? and it is not right that he ensures another person.

 

3. If she is woman? she should not be married if she wants to guarantee an amount more than one-third of her money without her husband's permission.

 

4. Must not be affected by a deadly disease? then he is not permitted to guarantee more than one-third of his money.

 

5. The guaranteed item must not be a debt that take all his money.

 

6. He must not be forced to guarantee.

 

Second element: The person to whom is the insuring, He is the owner of the right, and is subject to him the following conditions:

 

1. He must be known to the underwriter (guarantor); because of people disparity in claim severity and lenience? and unknown guaranteeing is not permissible.

 

2 - Must not require satisfaction of the person to whom his guaranteeing; because the guarantor does not harm him; but  it is a commitment that confirms more of his debt.

 

Third element: The person on whom is the guarantee. That is the debtor, and is subject to the following:

 

It must be known, and unknown ensuring is not permissible if it is future guarantee, if one said to another: I ensured for you your debt selling to people; the (guarantee) is not true.

 

Fourth element: The object of guarantee, which may be a debt, material or self, is subject to the following:

 

1. The debt must be necessary or necessary-to be? as the price in moment of option which is to be necessary later on, and as debt to be reimbursed, and the price of Sales in the period of the option, and is not valid an unnecessary debt, as optional-freeing debt; because the proprietor may invalidate the contract and refrain from performance.

 

2. The debt must be known in its kind and model? as if the guarantor says: I guarantee for you what Zaid owed as debt of one thousand dinars, if not the guarantee is not valid.

 

3. The material ensuring validation requires to be guaranteed on whom it is in his hand? as a robbed material and lent material according to the majority of scholars. In addition, the guarantee of materials is to guarantee their handing back if they remain or the restitution of their value when damaged.

 

4. It's required for the validity of self-ensuring to be for the ensured for his body the physical right of a human being? or punishment? and not be an end or retribution.

 

Fifth element: The formula, and it is anything with benefit of pledge and guarantee, as for the word of the guarantor: I sponsored or assumed, and I am the guarantee of this money, or the owed, or I have a debt of this person, or so and so.

 

Evidence for the legality of guarantee:

 

Jabir bin Abdullah, may Allah be pleased with them, said: A man died and we prepared for burying, and then we brought him to the Messenger of Allaah "peace be upon him" to pray for him, we said: Will you pray for him? He - peace be upon him - stepped one step, then said: «Is he holding a debt? » We said: two dinars, He - peace be upon him - went away, then Abu Qatada guaranteed the two dinars, so we went back to the Messenger "peace be upon him" and Abu Qatada said: The two dinars is on me, and the Messenger of God "peace be upon him" said: «God has fulfilled debtor's right, and the death is now innocent of them? » He said: Yes, then the Messenger prayed over him, then he said two days later: «What happened to the two dinars?» I said, but he died yesterday, he said: I returned to him the next day and said: I paid O Messenger of Allah, the Messenger of Allah said, "peace be upon him": «now  you have saved yourself» Narrated by Ahmad in his Musnad Graded as authentic: (14590), and Haakim graded it sound in Mustadrak: (2346), and Mundhiri classed it in Targueeb and Tarheeb.

 

 

 

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