Is the plaintiff in Islam entitled to file a complaint against the guarantor while the guaranteed is still present and capable of payment, and when is he entitled to do so?
Scholars have differed regarding the ruling on demanding payment from the guarantor when the debtor is able to fulfill the debt. The Hanafis, Shafi'is, Hanbalis, and one narration from the Malikis (which is practiced in some countries) hold that the creditor has the right to demand the debt from either the guarantor or the debtor. Whereas the other narration from the Malikis—which is the prevailing view of the —does not permit the creditor to demand payment from the guarantor unless it is impossible to collect the debt from the debtor. This is because guardianship () is considered a security like a pledge, and thus the right is not collected from it except when it is impossible to collect it from the principal debtor.
Summarized from the full answer at Ftawy · imported
Read the full answer on Ftawyhttps://ftawy.com/en/questions/80764
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 80764
- Imported
- Translation status
- Source text, unreviewed
- Read the full ruling
- Read the full answer on Ftawy