إنشاء الكفالة بالدرك : دراسة مقارنة

Abstract EN

The al-Darak guarantee means the commitment of the seller by himself or by paying the item sold to the buyer when it is due and then extracted and delivered to the person who deserves it.

Therefore this guarantee is a guarantee for the price of the sold item for the buyer who deserves to receive the sold item which is held by the buyer and so the latter has the right to demand the amount the seller received and the seller or his guarantor is committed to pay this amount to the buyer.

This guarantee is a contract that is initiated by the agreement of the guarantor, who is the seller, or another person and the buyer who is guaranteed to him.

This contract is valid when there are appropriate terms in the contract including the guarantor's complete legal eligibility as well as the guaranteed person's discrimination eligibility, as it is a useful legal behavior.

This type of guarantee is considered legitimate in the prophetic tradition and there is Islamic scholars' consensus concerning it in terms of the financial transactions because it is a guarantee of the buyer's right and it may be given as a guarantee of the seller's right in the case of the deferred sale when he receives a fake or forged amount of money.

The law to into consideration the guarantee of the buyer's right without the right of the seller.

The al-Darak guarantee is initiated when we have the general polars of the contract, and it becomes valid when having certain terms including the validity of the guaranteed debt, the contract should also be complete (valid), the price of the item sold should be specified (known) for the guarantor and the reason for the guarantee should exist which is the due payment of the sold item from the hand of the buyer.

Finally the research was concluded by a conclusion that manifests the findings and the recommendations.