A type of hiwalah (also spelled hiwala) which involves the assignment/ transfer of debt (dain) from one party (the transferor or in Arabic al-muheel) to another party (the payer or in Arabic al-muhal alaihi). According to Hanafi jurists, it is the assignment of the liability for a debt from the legal personality of the debtor to the legal personality of the liable person named in the contract (aqd). In this sense, a assignment of debt is different from a guarantee contract in that the latter entails the conjoining of liabilities rather than the transfer of liabilities. Therefore, once an assignment/ transfer is legally made, the original debtor is relieved from repayment requests. In general, the assignor/ transferor is a debtor to the assignee/ transferee, where the debt gets transferred to a third party (al-muhal elaihi or the payer) who becomes the new debtor. In this type of hawalah, the debtor is the initiator of assignment/ transfer.
Islamic Finance
[related_posts_by_tax title="See also" posts_per_page="10" taxonomies="post_tag"]
[pt_view id=d3cfcfcp7w]
[su_box title="Watch on Youtube" style="soft" box_color="#f5f5f5" title_color="#282828" radius="2" class="" id=""][su_row class=""][su_column size="1/1" center="yes" class=""] 
[/su_column][/su_row][/su_box]
[/su_column][/su_row][/su_box]
Comments