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The question

Is it permissible to demand a guarantee for the principal of a stalled project, based on a prior condition for a guarantee case, despite knowing that there is no guarantee for the principal in a lawful Murabaha?

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

If the guarantee of the working brother (mudarib) for the capital of the investor (sahib al-mal) is absolute, then this condition is invalid. This is because it takes the contract out of its -compliant form and transforms it into a loan, which makes the distribution of profit usury (riba). This does not fall under the rule "Muslims are bound by their conditions," because that applies only to conditions that are permissible according to Sharia. As for the rule "the guarantor is liable" (al-za'im ), it applies to lawful rights. So, if the mudarib is obliged to pay something due to his negligence or betrayal, then his guarantor is also obliged to do so.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
177705
Imported
Translation status
Source text, unreviewed
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