Section—Personal Surety (kafālah)

Kafālah is the undertaking to present the body of a debtor who owes a financial right to his creditor. Only the guarantor’s consent is required; the approval of neither the debtor nor the creditor is a condition. Once the guarantor hands the debtor over to the creditor at the place stipulated in the contract, or the debtor surrenders himself, or dies, the guarantor is absolved.

If the guarantor is unable to produce the debtor, he becomes liable for the entire debt. When two people have both acted as guarantors and one of them delivers the debtor, the other is not released; but if the debtor hands himself over, both guarantors are discharged.