Kafala and daman (guarantees)

Islamic Fiqh > Financial transactions > Kafala and daman (guarantees)

Suretyship and guarantee: the types (body, debt, restitution guarantee), the pillars, and the effects (guarantor's recourse upon the guaranteed).

Updated on 06 October 2026 at 10:50 PM

Kafala and daman (guarantee) from A to Z: definition, pillars, conditions, effects, and the guarantor's cases.

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The evidence among the classical schools

Bada'i al-Sana'i by al-Kasani · Hanafi school

...to the seller, and judged against him the price and the value of the built structure, allowing him to take whichever of the two he wished: the price, and the seller takes the value of the building, according to the apparent report (zahir). And at-Tabari mentioned that he takes one of the two or both together: if he wishes, he takes them from the seller, and if he wishes, he takes them from the guarantor (kafil) by pursuit (dark), then the guarantor turns back against the seller if the guarantee had been at his order.

Al-Mughni by Ibn Qudama · Hanbali school

Chapter: the reimbursement (daman). Question 822; he said: "Whoever guarantees for someone a right after it has become due, or says: what I gave you is upon me: there becomes due from him what is established that he gave."

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