Meaning of Kafaalah

5-9-2011 | IslamWeb

Question:

what is kafalah,,its defination.elements and kinds of kafalah?????

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger.

First of all, we thank you for contacting our site and we recommend you to be keen on benefitting from the beneficial sciences that are published on its various sections.

As regards your question, the answer to it in brief is that Kafaalah means guarantee, i.e. combining the guarantor’s liability with the liability of the party that is principally responsible with regard to the claim.

Its elements are: the person who gives the guarantee, the person on whose behalf the guarantee is given, the creditor, i.e. the party to whom the guarantee is given, and the right that is guaranteed (whether it relates to a person or property).

The most well-known kinds of Kafaalah are:

- Kafaalah bin-Nafs (Gurantee for a person, i.e. to bring someone to a specific authority such as the judiciary)

- Kafaalah bil-Maal (Gurantee for property, i.e. to return an asset to its owner)

- Kafaalah bit-Tasleem (Gurantee for delivery, i.e. to pay for an item or to deliver it in a transaction)  

- Kafaalah bid-Darak (i.e. to guarantee to hand over the price of the sold item when it is due, or to guarantee that a property is free from encumbrances or claims that may hinder the transfer of its ownership in a particular transaction).

Finally, Kafaalah has many branches and diverse rulings and the scholars have different opinions on some of its kinds, so you may refer to all this as discussed in its places in the books of Fiqh in the Chapter of Kafaalah.

Allaah Knows best.