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Hiwalat-ul Dain


A type of hiwalah (also spelled hiwala) which involves the assignment/ transfer of debt (dain) from one party (the transferor or in Arabic al-muheel) to another party (the payer or in Arabic al-muhal alaihi). According to Hanafi jurists, it is the assignment of the liability for a debt from the legal personality of the debtor to the legal personality of the liable person named in the contract (aqd). In this sense, a assignment of debt is different from a guarantee contract in that the latter entails the conjoining of liabilities rather than the transfer of liabilities. Therefore, once an assignment/ transfer is legally made, the original debtor is relieved from repayment requests. In general, the assignor/ transferor is a debtor to the assignee/ transferee, where the debt gets transferred to a third party (al-muhal elaihi or the payer) who becomes the new debtor. In this type of hawalah, the debtor is the initiator of assignment/ transfer.



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