A type of guaranty (kafalah) that involves the credit enhancement of a liability. According to the Hanbali and Shafi’e schools of thought (mazhahib), it refers to the addition of the guarantor’s liability to the liability of the guaranteed in the assumption of the debt. In this sense, the debt would be established as a joint liability on both of the guarantor and the guaranteed. As such, the creditor can demand debt repayment from either party. The Maliki school of thought stipulated that the creditor has no right to demand repayment from the guarantor unless the creditor is unable to get repayment from the original debtor. The Hanafi school of thought defined it as the addition of the guarantor’s liability to the liability of the guaranteed when it comes to demanding repayment.
Kafalat al-dayn is an Arabic term that translates as debt guaranty.
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