Kafalah (Personal Surety)

**Definition:** Kafalah is undertaking to bring the one who owes a financial right to his creditor, to the court. **Evidence from Quran:** - **Quran:** "They said: 'We are missing the measure of the king, and for whoever brings it is a camel's load, and I am responsible for it'" [12:72] - meaning guarantor - **Quran:** "Ask them which of them is responsible for that" [68:40] - meaning guarantor **Evidence from Sunnah:** - **Hadith:** "The borrowed item must be returned, and the guarantor (za'im) is liable, and debt must be repaid" [Abu Dawud, Tirmidhi - hasan sahih] - Za'im means guarantor, and za'amah means guarantee **Consensus:** Scholars have agreed on the permissibility of surety due to people's need for it and to remove harm from the debtor.