Pillars & Rulings

**Five Pillars of Kafalah:** 1. The form (sighah) 2. The guarantor (kafil) 3. The creditor (makful lahu) 4. The debtor (makful 'anhu) 5. The subject (makful bihi) **Form:** Completed by the guarantor's offer alone; doesn't depend on the creditor's acceptance. **Guarantor Requirements:** Must be qualified for charitable giving, whether male or female, because surety is a charitable act. - Not valid from: insane, mentally impaired, minor, or one interdicted for foolishness **Debtor Requirements:** His consent is not required for the surety's validity, unlike the guarantor whose consent is a condition. **Types:** - Financial surety (daman) - guarantee of payment - Personal surety (kafalah bil-badan/wajh) - guarantee to bring the person --- **Seven Rulings of Kafalah:** 1. Valid for one who owes a financial right 2. Not valid for one who owes a hadd (prescribed punishment) 3. Not valid for one who owes qisas (retribution) 4. Guarantor is released by death of debtor who cannot be brought 5. The guarantor who guarantees payment is liable if the principal procrastinates or becomes insolvent 6. The guarantor who only guarantees presence is not liable 7. Personal surety is valid - undertaking to bring the debtor to the creditor or court