Hawalah
From HodHood
Contents
Top 20 FREQUENT WORDS
hawalah 39 debt 35 transferee 29 debtor 26 creditor 25 principal 20 contract 14 transfer 9 argue 8 debts 7 bankrupt 6 consent 6 majority 6 obligation 5 valid 5 kafalah 4 schools 4 situation 4 suftaja 4 acceptance 3 accepts 3 agreement 3 amounts 3 fiqh 3 hadith 3 hanafees 3 malikees 3 muhal 3 parties 3 pillars 3 price 3 sale 3 transferred 3
DOCUMENT KEY POINTS
- this is because in hawalah the debt is transferred from the principal debtor to the transferee
- ��a ��� a al hawalah literally hawalah means transfer or change from a locality to another locality or from a person to another person or from a situation to another situation
- it is because they say the transferee is under obligation to settle the debt as the principal debtor has a right to claim from him the debt
- the malikis and shafi is stipulate the agreement of the principal debtor and the creditor
- they are the principal debtor the creditor the transferee the principal debt the debt owed by the transferee to the principle debtor and expression which include offer and acceptance
- if the transferee is not indebted to the principal debtor and agrees to pay to the creditor the contract is changed to kafalah
- absolute hawalah mutlaqah this is a type of hawalah where the contract is concluded without reference to the debt on the transferee and he accepts the transfer
- while in transfer of debt one debtor replaces another in transfer of right one creditor replaces another
- however the malikees and the hanbalees argue that if the creditor has stipulated that the transferee should not be in financial constraints or a bankrupt and later it is found that the transferee is a bankrupt then he can claim his debt from the pricipal debtor
- the difference between hawalah and suftaja one of the practical advantages of hawalah is that it enables a debtor to make payments in another place through his agent or a second person
- a lends an amount to b in order that he may pay it to him or c in another place
Please note, This is an auto generated summary based on sentances position in the document and other factors
DOCUMENT WORD ANALYSIS
Main Category
- AlHuda Material\sukuk islamic
KeyWords
asset invest risk ici rate investor origin credit financi structur securitisation NA iif required exposure fund estate servic NA legal
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DOCUMENT REFERENCES
Number of Pages
6
Published Date
2010-05-29 17:54:37
