Daman (Financial Guarantee)

**Definition:** Undertaking what is due upon another. **Evidence:** - **Quran:** "And for whoever brings it is a camel's load, and I am responsible (za'im) for it" [12:72] - meaning guarantor - **Hadith:** "The guarantor (za'im) is liable" [Abu Dawud, Tirmidhi] **Consensus:** Scholars have agreed on its permissibility because the need calls for it, and it is from fulfilling needs and cooperation commanded by Shariah. --- **Rulings and Conditions of Daman:** **1. No Payment for Guarantee:** It is not permissible to take payment for it. **2. Multiple Guarantors:** Multiple guarantors are permissible - two or more may guarantee the same right. **3. Knowledge of Debtor Not Required:** Validity doesn't require the guarantor to know the one being guaranteed for. **4. Known and Unknown Debts:** Valid for known debts and unknown debts that will become known, and for guarantee of the sold item's title. **5. Any Appropriate Wording:** Valid with any wording that conveys the meaning: "I am guarantor," "I am damin," "I am za'im," etc. **6. Release of Guarantor:** The guarantor's liability is only released when the debtor's liability is released from the debt - by discharge or payment. **7. Consent Required:** Validity requires the guarantor's consent; if coerced, it is not valid. The debtor's consent is not required. **8. Legal Capacity Required:** The guarantor must be legally capable of disposal: adult, sane, and prudent.