Contract of Guarantee (Kafalah)
A printable «Contract of Guarantee (Kafalah)» form to fill in by hand: 6 fields, with fiqh notes and sources. Free download, no registration, in Russian, English and Arabic.
This form has not yet been checked by a scholar. It is a draft drawn from the sources, not an approved specimen: show it to someone knowledgeable before signing.
What the form contains
1. Date of conclusion of the contract
- Date
2. Parties to the kafalah
- Guarantor (kafil — the party assuming liability)
- Debtor (makful 'anhu — the party on whose behalf the guarantee is given)
- Creditor (makful lahu — the party in whose favour the guarantee is given)
3. Subject matter of the guarantee (makful bihi)
- Guaranteed obligation: cause, amount and maturity
4. Actual administrative expenses
- Actual administrative expenses (if any)
★ Kafalah is a purely gratuitous (tabarru') undertaking. No fee or commission may be charged for providing the guarantee.
A guarantor who discharges the obligation at the debtor's instruction has the right of recourse (ruju') against the debtor for the amount paid.
Mizan does not issue fatwas and does not replace a scholar. It is not legal advice and gives no contract force under the law of any country. Where the matter is serious, have the contract read by a specialist in Sharia and by a lawyer.