Standing as guarantor for the payment of a debt

Q. A friend of mine stood as guarantor to pay of my debt to my creditor. Now, my friend has lost his income and he does not have the money to pay off my debt anymore. My creditor was not aware of my friend standing as guarantor for me. Is it still binding upon my friend to pay off my debt to my creditor?

A. In principle, if a third party stands as guarantor on behalf of a debtor to pay off his debt to his creditor, the acceptance of the creditor is necessary for the debt to become binding upon the third party.

Hence, in the enquired case, if you (the debtor) had accepted your friend to stand as guarantor to pay off your debt, without the acceptance of the creditor, it would not be binding on your friend to pay off the debt.

Accordingly, your creditor has the right to claim the debt from you (i.e. the debtor) as the payment of the debt is binding upon you and not your friend. (Lubaab 2/160)

Allah Ta’ala Knows Best

Mufti Ismaeel Bassa

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