AL KAFALAH

RAJA KHALID AL JABBAR

ACOUNTING 17
 AL-KAFALAH DEFINITION
• Kafalah (guaranty) is a guarantee of expenses
or dependents given by the insurer (kafil) to a
third party to fulfill the obligations of a second
party or borne (makful).
• The term kafalah in banking practice today is a
guarantee given by the insurer (kafil) to a third
party in order to fulfill the obligation that is
borne (makful ‘anhu) if the party that is
covered is injured or defaulted
 FOUNDATION OF SHARIA LAW

• Legal basis of kafalah can be learned from the

Qur'an, Al-Hadist and Ijma.
• In the Qur'an there is a section that tells the
Prophet Joseph, namely Al-Qur'an Surat Yusuf:
72 which means:
"The callers exclaimed," We lost the King's trophy, anyone who can
return it will get food (as heavy as the burden of the camel) and I guarantee
it. "(Q.S. Yusuf: 72).
 UNDERSTAND KAFALAH
Pillars of Kafalah according to most
scholars are:
1. Guarantor (dhomin / kafiil)
2. Guaranteed goods / debt (Madhum)
3. Parties guaranteed (makful ‘anhu or madhum‘
anhu)
4. Sighah contract.
 TYPES OF KAFALAH

• Kafalah bin Nasf.

• Kafalah Bil-Maal
• Kafalah Bit Talim
• Kafalah Al-Munjazaah.
 AKAD KAFALAH

• Akad Sharih means openly, using the word

"guarantee" or synonym.
• Contract Kinayah means not using the word
"guarantee" or for example, but it can be
understood from his words, he is a guarantor.
 TERMS OF KAFALAH
• Guarantor Terms (Kafiil).
• Requirements for Debt People (Makful ‘Anhu
/ Ashiil)
• Conditions for Debt People (Makful Lahu)
• Terms of the Goods to be Made Guaranteed
(Makful Bih)
 APPLICATION IN BANKING
TRANSACTIONS
• The function of kafalah is the provision of
guarantees by the bank for the parties
involved to run their business more secure
and secure, so that there is certainty in trying
/ transacting, because with this guarantee the
bank means taking over the risks / obligations
of the customer, if the customer defaults its
obligations.