Liability
Its Definition
Liability transfers the right and places it upon one from whom it is due. For example, if a person has something that belongs to another and he demands him to return it, then other person permitted to deal on behalf of whom it is due responds: ‘I have what you seek, and I am liable for him.’ Therefore, he becomes liable. The owner of the right can demand his dues from that person. In case the one liable is not able to return the right to him, the one to whom it is due can demand it directly from the original debtor.
Its Ruling
Liability is permissible. Allah (SWT) said:
(And for him who produces it is (the reward of) a camel load; and I will be bound by it.) (12:72)
The word Za‘im in this Ayah refers to liability and bond.
The Messenger of Allah (SAW) said:
“ The one liable is a debtor (bound to pay).” (Abu Dawud and At-Tirmithi who said it is Hasan)
And His (SAW) saying:
“Unless one of you stands and agrees to be his guarantor.” (Al-Bukhari)
He (SAW) said this regarding a man who died having a debt and he did not leave behind anything to cover it. Thus the Messenger of Allah (SAW) refused praying the funeral prayer for him.
Its Regulations
The regulations regarding liability are as follows:
1) The guarantor should approve of the liability. As for the original debtor, his consent is not necessary.
2) The obligation of the debtor will not be absolved unless his guarantor fulfills his obligation. Whenever the obligation of the debtor is absolved, the obligation of the liable guarantor is also absolved.
3) The debtor’s knowledge is not necessary in the statement guarantee. This is because it is not possible for a man to claim liability for someone he does not know at all, since such liability is a voluntary act and act of kindness.
4) There is no guarantee except in the case of a right which is certain and existing in an obligation, or in something that leads to its fulfillment, such as wages for worker.
5) There is no harm in having a number of guarantors. Likewise, there is no harm if one assumes liability for a guarantor, this also permissible.
Textual Format for Claiming Liability [1]
In the name of Allah. All the praise is due to Allah.
“This guarantee has been presented before witnesses on such and such date . I testify to these witnesses that he has guaranteed and taken responsibility for the obligation of so-and-so, for such and such amount (mention whether it is cash up front or installments or credit, being a delayed payment for a fixed period, etc.). It is a legal liability concerning his obligation and his property. I attest that he is suitable and capable to fulfill that guarantee. He knows the meaning of the guarantee and its legal consequences. The guaranteed has accepted his guarantee. This is recorded on such and such date.”
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[1] The objective of presenting this format is not that the writer of the agreement must adhere and confine himself exactly to it without going outside of its wording. Rather it is only to give an example of such an agreement, while alluding to the fundamental pillars of it. These pillars must be present in the agreement, such as mentioning the two parties involved in the contract, what the contract applies to and mentioning the witnesses.