Sponsorship
Its Definition
Sponsorship is one’s commitment to fulfill a right that another is obligated to, or a commitment to present him before the court.
Its Ruling
Sponsorship is permissible. Allah (SWT) said:
(I will not send him with you until you swear a solemn oath to me in Allah’s Name, that you will bring him back to me unless you are yourselves surrounded (by enemies).) (12: 66)
The Messenger of Allah (SAW) said:
“No sponsorship is acceptable for legal punishments.” ( Al_Bayhaqi and Ibn ‘Adiy. There is weakness in its chain of narration, however its meaning is authentic.)
The Messenger of Allah (SAW) said:
“ The guarantor is a debtor.” ( Abu Dawud and At-Tirmithi who said it is Hasan )
Its Regulations
The Regulations of sponsorship are as follows:
1. It is a condition of sponsorship that the person being sponsored is known, particularly in the sponsorship of producing him before the court.
2. The acceptance of the sponsor is considered.
3. If a person sponsors another person in a sponsorship of wealth, and the sponsored person dies, the sponsor will be the guarantor for the amount. If the sponsor gave a guarantee of presenting the sponsor (i.e., in court) and the sponsored person dies, there is no obligation due upon him.[1]
4. Whenever the sponsor has produced the sponsored person physically before the judge, the obligation of the former will be absolved.
5. Sponsorship is only acceptable in cases where a representative can be appointed, like wealth. As for the things in which representation is not permissible, like legal punishments, then sponsorship is not valid therein. This is due to the Messenger of Allah’s statement:
“ No sponsorship is acceptable in legal punishment.” ( Al_Bayhaqi and Ibn ‘Adiy. There is weakness in its chain of narration, however its meaning is authentic.) [2]
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[1] Malik said, “He is monetarily fined regardless of the type of sponsorship.”
[2] The Hanafi's disagree with the majority on this matter. They say that sponsorship in matter of punishment is allowed, due to the weakness of the Hadith.