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Right To Claim Hawala


A hawala that involves the transfer of the right to claim from one creditor to another. The new creditor replaces the original one, and therefore the debtor owes the new creditor, and is no more indebted to the original creditor. In this sense, the transfer of right differs from the transfer of debt (debt hawala) in that in the former a creditor is replaced by another creditor, whilst in the latter a debtor is replaced by another debtor.

Hawala is a binding contract (aqd lazim), i.e., it cannot be terminated unilaterally, but rather both parties have to agree termination in order for it to be effective. Shari’a requires that a transfer of debt come into force immediately. This means that it neither can be suspended for a period of time nor be contingent on a future occurring. Notwithstanding, it is permissible to defer payment of a transferred debt to a preset future date.

Hawala is typically classified as restricted hawala and unrestricted hawala.



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