Chapter: Guarantee

The author’s statement: “Chapter: Guarantee.” Guarantee is the second type of security contract. Linguistically, it is derived from ḍimn, which means one thing entering into another, because the liability of the guarantor enters into that of the person guaranteed.

In Islamic law, it is the undertaking, by someone legally competent to transact, of a financial right that is owed—or may become owed—by another person.

An example of undertaking an existing obligation is where one person owes another some dirhams, and the creditor detains him and says, “Give me my debt now, or I shall refer your case to the authorities.” Then a charitable person comes and says, “I guarantee his debt.”

This includes Abu Qatadah’s—may Allah be pleased with him—guarantee of the debt owed by the deceased man from the Ansar. When he was brought to the Messenger of Allah ﷺ for him to pray over him, he asked, “Does he owe any debt?” They said, “Yes.” So he stepped back and said, “Pray over your companion.” Abu Qatadah then said, “The two dinars are upon me.” The Prophet ﷺ then stepped forward and prayed over him. (1)

As for undertaking an obligation that may arise, an example is when someone writes another person a document stating: “I guarantee everything that this man borrows from this commercial shop.” That is, a person wishes to buy merchandise from a shopkeeper but has no