Literally, kifalah (كفالة) means the assumption of responsibility on behalf of others or the presenting of suretyship to the benefit of others. In its legal meaning, kifalah revolves around the following two types:
- Physical guarantee/ guaranty: this type of kifalah (in Arabic: kifalah bil nafs) is established if the guarantor outspokenly expresses his pledge to do something related to the physical presence/ being of an individual such as guaranteeing an individual’s soul, neck, body, safety, etc. In this regard, this kifalah implies full guarantee of the individual in question. Physical guarantee is also established if the guarantor undertakes to guarantee a specific matter or occurrence or if he pronounces his responsibility for a specific matter of occurrence. Nevertheless, physical guarantee will not be legally established if a guarantor undertakes to guarantee whatever a person wants or wishes.
- Financial guarantee/ guaranty: it involves a situation in which a third party (legal or natural) steps in to secure a debt owed by a person (legal or natural). As such, it represents a pledge given to a credit from a guarantor (kafeel) that the debtor (makfool) will discharge the debt or obligation to the satisfaction of the creditor. Once a valid kifalah is in effect, it establishes a right to the creditor to claim the debt either from the debtor or the guarantor. This particular mode of kifalah is known as a financial guarantee (kifalah bil mal).
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