Most High:
“If a heavily burdened soul calls for help with its load, none of it will be carried, even by a close relative.” [Fātir: 18]
As for dāmin (guarantor), its meaning is self-evident.
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Guaranteeing a financial obligation is permissible under Islamic law and legally binding. It is an act of kindness. Mālik and his followers permit it whether the amount is known or unknown, contrary to al-Shāfi‘ī, who holds that it is impermissible when the amount is unknown. Its permissibility is established by the Quran, the Sunnah, and the consensus of the Muslim community.
The Quranic evidence consists of the words of Allah, Mighty and Majestic, which we have already recited:
“Whoever brings it shall have a camel-load, and I guarantee it.” [Yūsuf: 72]
And His words:
“Ask them which of them will stand surety for that.” [al-Qalam: 40]
As for the Sunnah, the evidence is abundant. Among it is the report that Qabīsa ibn al-Mukhāriq came to the Prophet ﷺ, asked him for assistance, and said, “I have undertaken a financial liability.” He replied, “We shall discharge it on your behalf from the alms, O Qabīsa. Begging is permissible only in three cases: a man who has undertaken a financial liability may beg until he has discharged it; then he must desist.”
The Prophet’s ﷺ permitting someone who has undertaken such a liability to beg establishes that assuming it is permissible, that it is binding, and that he is obliged to discharge it. The apparent meaning of this hadith has also been cited as evidence by those who hold that the creditor may demand payment from the guarantor even when the principal debtor is solvent. This is because the Messenger of Allah ﷺ permitted otherwise forbidden begging on account of the guarantee itself, without making allowance for the circumstances of the person on whose behalf it was undertaken.
The hadith also provides evidence that guaranteeing an unknown sum is permissible, since it states, “I have undertaken a financial liability,” without specifying its amount or value. This is the position of Mālik, Abū Hanīfa, and their followers, contrary to al-Shāfi‘ī, who holds that guaranteeing an unknown sum is invalid because it involves risk, as we have already mentioned regarding his position.
As for consensus, there is no disagreement within the Muslim community concerning its permissibility, although they differ over many of its conditions and rulings.
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In linguistic usage, haml and hamāla (undertaking liability) have the same meaning, since both are verbal nouns derived from