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Rules of Personal Surety (Kefalat)

2425. If a person has a right over another one (debt or Ghesas or Diah and the like) or claims some right, which is actionable in another person guarantees to the holder of rights that if he/she frees the concerned person, he takes the responsibility for the reappearance of concerned person whenever it is requested, this act is personal surety contract (Kefalat) and the guarantor is called Kafil.

2426. A personal surety will be valid only when the guarantor makes the creditor understand by words (in any language), or conduct, that he undertakes to produce the debtor in person as and when demanded by the creditor, and the creditor also accepts the arrangement.

2427. It is necessary for a guarantor (Kafil) to be adult and sane, and he should not have been under any coercion or pressure, and he should be able to produce the person whose guarantor he becomes.

2428. Anyone of the following seven things will terminate the personal surety:

I. When the guarantor hands over the suspect to claimant.

II. When the debt of the creditor has been discharged.

III. When the creditor himself forgives the debt.

IV. When the debtor or the guarantor dies.

V. When the creditor absolves the guarantor from his personal surety.

VI. Kafil dies.

VII. The holder of right transfers his/her rights to another person.

2429. If a person forcefully releases a suspect from the hands of his claimant, the person who got him released should hand him over to the claimant or pay his debt, or other rights.

2430. In Kefalat, the consent of the person who is the subject of right is not necessary, therefore, consent of debtor is not necessary.

2431. If Kefalat is based on the permission of debtor, and Kafil is obliged to pay the debt, he may take it back from debtor; but if it was not with his permission, there is no such right.