Hawala: transfer of debt

The sheets below are taken from the legal encyclopedia al-Mawsua al-Fiqhiyya and cover two institutions of mu'amalat: istisna', that is, manufacturing to order, and hawala, the transfer of a debt from one liability (dhimma) to another. The first five sheets deal with istisna': its contractual nature, its evidence, its conditions, its legal effects and its differences with salam. The last two deal with hawala: the conditions of the four poles of the contract, then the cases in which the assignee creditor keeps a right of recourse against the original debtor. All school positions, classical references and takhrij are reproduced faithfully.

Parts of this section

• Is Istisna' a Sale or a Promise?
• Hawala: Definition and Conditions of the Four Parties to the Contract