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Practical Laws: Surety

I lent someone a sum of money, which he did not pay back. A relative of his wrote me a post-dated check for…

Q&A⚖️ Fiqh & Law

I lent someone a sum of money, which he did not pay back. A relative of his wrote me a post-dated check for the amount of the debt provided that I allow him some time [to settle the debt]. Thus, he undertook to pay me back the debt if the original debtor defaulted. The debtor ran away without leaving a trace, so much so that I lost every contact with him. Is it shar‘ī that I get back the whole amount of debt from the surety?

Answer

If the person stood as surety in a shar‘ī way, should the debtor default, you are permitted, after the date of repayment has passed, to demand the repayment of the whole amount of the debt.

Source:leader.ir · leader.ir

added 8/29/2026

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