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Categories of Hiwalah


In general, hiwalah (الحوالة) is an agreement to transfer or assign something to someone else. The subject matter (mahallمحل) of hiwalah is either a debt (daynدين) or right (haqqحق). Hiwalat-ul dayn (debt transferdebt assignment) is the process whereby by debt (receivables) gets transferred from the assignor/ transferor (muheelالمحيل) to the payer (muhaal alaihiالمحال عليه), while hiwalat-ul haqq (transfer of right) involves the replacement of a creditor (da’enدائن) with another creditor. In the former type of hawala, a debtor (madeenمدين) is replaced by another debtor; while in the latter, a creditor is replaced by another.

According to Hanafi scholars, hiwalat-ul dayn (hiwalat al-dayn) divides into two categories:

  • Hiwalah mutlaqah (الحوالة المطلقة): an unrestricted form of hiwalah (unrestricted hiwalah) that does not confine or restrict the payer to a specific source of funds for debt repayment.
  • Hiwalah muqayyadah (الحوالة المقيدة): a restricted form of hiwalah (restricted hiwalah) in which the final payment must be made out of the funds of the original debtor, whether from a debt others owe him or certain funds that are owned by the transferee (al-muhaal ).


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