Kafalah in Islam, What are the Laws and Conditions?

In Islamic teachings, the concept of kafalah or "كَفَالَة" has an important role in maintaining social justice and humanity. Kafalah is a practice whereby a person or group of individuals is responsible for guarding, protecting, and providing protection to other individuals in various situations. The concept is often applied in various aspects of life, including legal, financial, and social matters.

Kafalah in Islam has certain laws and conditions that are governed by Islamic law. In this blog, we will explore the concept of kafala in Islam, the laws that govern it, and how it is used in everyday life.

The Concept of Kafalah in Islam

Kafalah in Hadiths and the Quran

The concept of kafala is explained in various traditions and Quranic verses. One of the verses that outline the importance of kafala is Surah Al-Baqarah (2:283), which reminds us that a guarantor must fulfill his responsibilities truthfully. Hadiths of the Prophet Muhammad also guide how to properly execute kafalah.

Purpose of Kafalah

One of the main purposes of kafala is to protect the rights of weaker or vulnerable individuals, such as children, orphans, the poor, or the financially incapable. Kafalah can also be applied in legal cases such as loans and debts.

The Ruling of Kafalah in Islam

Obligatory and Sunnah

The ruling of kafala can be obligatory or sunnah, depending on the specific situation and conditions. For example, kafalah in the case of paying the debt of an incapacitated family is obligatory, while kafalah in support of orphans can be sunnah.

Responsibility and Obligation

The person taking kafala must be strictly responsible for the individual he is guaranteeing. This includes providing food, shelter, education, and protection. It also means that the guarantor must protect the guaranteed individual from any loss or harm.

Akad Kafalah

For kafala to be valid, it usually requires a valid contract or agreement between the guarantor and the guaranteed individual. This contract must fulfill the principles of Sharia and clarify the rights and obligations of both parties.

Application of Kafalah in Daily Life

Kafalah in the Family

In a family context, kafala can include the responsibility of parents to take good care of and educate their children. It also includes the obligation of extended family to help family members in need, such as elderly parents.

Kafalah in Finance

In a financial context, kafala can be applied in terms of providing a guarantee or pledge for a loan or debt. It aims to ensure that the person borrowing the money can repay it safely.

Kafalah in Social

At the social level, kafala can be applied in the form of social support to people in need, such as orphans, the poor, or refugees. Assisting them is part of Islam's humanitarian principles.

In Islam, kafala is one way to realize the values of social solidarity and justice. It is a serious responsibility and should be carried out with integrity and sincerity. When properly implemented, kafala helps to create a more just and humane society through Islamic teachings.

Types of Financial Kafalah with Examples

Kafalah bil Nafs

When a person is responsible for guaranteeing himself in an agreement, commonly known as a Personal Guarantee.

Example: A person pledges himself as collateral. Although the financial institution does not hold any assets, in the event of a default, the individual's good name and reputation may be tarnished. In addition, any assets in the name of the individual who guarantees himself can be liquidated in the event of default.

Kafalah bil Maal

Involves a guarantor taking responsibility for a specific debt or payment if another party fails to fulfill their financial obligations. The guarantor must be willing to pay the guaranteed amount if the guaranteed party is unable to do so.

Example: Providing financial support to an indebted party. Like an individual saying; "Fulan's debt is on me".

Kafalah bil Taslim

This is a type of kafala where the guarantee is given to guarantee the delivery of the leased item at the expiry of the lease period.

Example: Leasing a vehicle where the vehicle becomes collateral until the goods utilized are repaid.

Kafalah Munjazah

Involves the guarantee of certain actions or obligations to be completed by the guaranteed individual but does not apply to a specific period. Commonly known as Performance Bond.

Example: Guaranteeing that a person will complete a specific project or job by specified requirements.

Kafalah Mu'allaqah

Is a type of Kafalah generally used by banks or financial institutions. Involves guarantees that have certain limitations or conditions that must be fulfilled by the guaranteed party.

Example: Being a guarantor for someone in a business transaction with certain conditions that must be fulfilled by the guaranteed party.

Conclusion

It is important to remember that Kafalah is an act that is done with goodwill and responsibility, and the guarantor is expected to carry it out with integrity and honesty. It is one of how Islam encourages social justice and concern for those in need of assistance, thus promoting humanitarian values in Muslim societies.

 

Reference: https://wakalahmu.com/artikel/dunia-islam/kafalah-adalah-hukum-jaminan-dalam-islam-begini-contoh-kafalah-dalam-kehidupan-sehari-hari