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The question

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?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

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.

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Ftawy
Original fatwa ID
80764
Imported
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Source text, unreviewed
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