RULING ON THE RETURN OF THE GUARANTOR TO THE GUARANTEED FOR THE DEBT HE HAS PAID

Abstract

Praise be to God, and prayers be upon my master, the Messenger of God, and after,

One of the most important things that jurisprudence does is to cut off disputes between people in their financial dealings. Therefore, he had an advantage over all other Sharia sciences.

Perhaps the subject of bail or guarantee is one of the issues in which there are many disputes because man is innate to love money, so the jurists have devoted themselves to clarifying all the partial details related to this subject.

In this research, which is titled ((The ruling of the guarantor's return to the guaranteed on his behalf in the debt he has paid)), I shed light on the relationship of the guarantor with the guaranteed for him in the event that the guarantor performs what he guaranteed on his behalf, and the different cases in which the guarantor performed, in terms of the permission of the guaranteed to guarantee and performance. And the ruling of his return to fulfill his right.

- Judgment ⁽[i]⁾ the return of the guarantor ⁽[ii]⁾ to the guaranteed for the debt he has paid.

One of the effects of the guarantee is that the guarantor returns to the person sponsored for him to collect his right from him, and in the return of the guarantor to the person sponsored for him there are five cases in which there are many sayings of the jurists.

([i]) Al-Hakam linguistically: prohibition, it is said that you have ruled against him: if you prevented him from opposing him, then he was not able to deviate from that.

     Judgment also: and the judiciary, it is said: I judge between people: if I judge between them and separate. Al-Fayoumi, Al-Misbah Luminir, Scientific Library, Beirut, (1/145). Al-Fayrouz Abadi, Al-Qamous Al-Muheet, Al-Resala Foundation for Printing, Publishing and Distribution, Beirut, 8th Edition, (1/1095).

*- In the custom of the fundamentalists: the speech of God Almighty related to the actions of those charged with necessity, choice, or situation. Al-Shawkani, Irshad Al-Fahul, Dar Al-Kitab Al-Arabi, Damascus, 1st edition, 1999 AD, (1/5).

*- In the custom of jurists: the impact of the street’s speech, such as obligating prayer and prohibiting adultery and usury. Islamic jurisprudence and its evidence, Wahba al-Zuhaili, (1/30). Zaidan, Al-Wajeez fi Usul al-Fiqh, p. 25.

([ii]) Warranty Linguistically: guarantee and commitment to something. Morocco, Al-Matrazi, p. 285.

     And idiomatically: the obligation of an established right in the responsibility of others, or to bring someone who is on it. The singer of the needy, the preacher