Chapter on Suretyship
Introduction
Linguistically, ḍamān (suretyship) comes from the sense of “encompassing,” for the guarantor’s liability encompasses the claim that rested on the principal.

In legal terms it is: the undertaking—by someone who is allowed to make a gratuitous commitment—to pay a debt that is, or will become, binding on another, while the original obligation remains with that other person; the principal’s liability is not discharged by the guarantee.

The legitimacy of ḍamān is affirmed by the Quran, the Sunnah, and scholarly consensus, and it is supported by sound analogy.

Allah the Exalted says: “Whoever brings it shall have a camel-load, and I stand surety for it” (Yusuf 12:72).

As for the Sunnah, proof is found in the hadith of Jabir and the hadith of Abu Hurayrah that follow in this chapter.

The scholars unanimously agree that suretyship is permissible and enforceable.

A guarantee is valid and concluded with any wording such as: “I am a guarantor,” “surety,” “pledged,” “responsible,” “bound,” and similar expressions that convey the meaning.

Shaykh Taqiyy al-Din said: According to the school’s legal analogy, a guarantee is valid with any expression that, by common usage, is understood to signify suretyship.