LINGUISTICALLY

لغة: الاحتواء والكفالة والالتزام Inclusion, guarantee, and commitment. LEGISLATIVELY هو التزام ما وجب على غيره. It refers to assuming responsibility for another person’s financial obligation. RULING It is permissible based on the Qur'ān, the Sunnah and concensus The same evidences for Kafālah apply to Ḍhamān. --- Rulings and Conditions of Financial Guarantees: 1. It is not permissible to receive compensation for acting as a guarantor. 2. It is permissible to have multiple guarantors; thus, two or more individuals may guarantee the obligation. 3. It is not a condition for the guarantor to know the guaranteed party. 4. It is valid to guarantee both known and unknown obligations, provided they eventually become determinable. Similarly, it is valid to guarantee the liability arising from the sale of goods or similar matters. 5. The guarantee is valid with any expression that conveys its meaning, such as "I am a guarantor," "a surety," or "a sponsor." 6. The guarantor's obligation is not discharged unless the obligation of the guaranteed party is discharged, whether through repayment or release. 7. For the guarantee to be valid, the guarantor's consent is required. If the guarantor is coerced into providing the guarantee, it is invalid. The consent of the guaranteed party or the creditor is not a condition for validity. 8. It is also required for the guarantor to have legal capacity, which entails being of sound mind, an adult, and competent in managing financial affairs. ____ الباب التاسع: الحَجْر The Ninth Subchapter: Legal Incapacity (Ḥajr) المسألة الأولى: معناه وأدلة مشروعيته وأنواعه Definition, Evidence for Its Permissibility, and Its Types DEFINITION LINGUISTICALLY لغة: المنع Prevention or restriction. LEGISLATIVELY منع إنسان من تصرفه في ماله to restrict a person’s ability to manage or dispose of their wealth. RULING It is permissible to impose Ḥajr once the conditions are fulfilled EVIDENCE The basis for ḥajr is found in the Qur’an, such as the saying of Allāh: ﴿وَلَا تُؤۡتُوا۟ ٱلسُّفَهَاۤءَ أَمۡوَ ٰ⁠لَكُمُ﴾ "And do not give the weak-minded your property..." [Surah An-Nisa: 5]. This refers to their property, but it is attributed to guardians because they oversee and manage it. Another Āyah states: ﴿وَٱبۡتَلُوا۟ ٱلۡیَتَـٰمَىٰ حَتَّىٰۤ إِذَا بَلَغُوا۟ ٱلنِّكَاحَ فَإِنۡ ءَانَسۡتُم مِّنۡهُمۡ رُشۡدࣰا فَٱدۡفَعُوۤا۟ إِلَیۡهِمۡ أَمۡوَ ٰ⁠لَهُمۡ﴾ "And test the orphans until they reach the age of marriage. Then if you perceive in them sound judgment, release their property to them..." [Surah An-Nisa: 6]. Additionally: ﴿فَإِن كَانَ ٱلَّذِی عَلَیۡهِ ٱلۡحَقُّ سَفِیهًا أَوۡ ضَعِیفًا أَوۡ لَا یَسۡتَطِیعُ أَن یُمِلَّ هُوَ فَلۡیُمۡلِلۡ وَلِیُّهُۥ بِٱلۡعَدۡلِۚ﴾ "But if the one who has the obligation is of limited understanding or weak or unable to dictate, then let his guardian dictate with justice..." [Surah Al-Baqarah: 282]. These Āyāt indicate the permissibility of restricting the financial autonomy of individuals such as the weak-minded (المعتوه), orphans, minors, and those in similar conditions—such as the insane and children—until it is evident they possess sound judgment. The aim is to protect their wealth from waste and misuse. Guardians may act on their behalf if doing so is in their best interest. WISDOM The primary objective of ḥajr is to protect wealth from loss, misuse, or harm, whether for the benefit of the restricted person (maḥjūr 'alayhi) or others. TYPES OF ḤAJR: Ḥajr is divided into two types: 1. Ḥajr for the benefit of the person under restriction (المحجور عليه), such as for minors, the weak-minded (السفيه), and the insane. Evidence includes the Āyah: ﴿وَلَا تُؤۡتُوا۟ ٱلسُّفَهَاۤءَ أَمۡوَ ٰ⁠لَكُمُ﴾ "And do not give the weak-minded your property..." [Surah An-Nisa: 5].