Difference between revisions of "Hawalah"

Revision as of 18:58, 20 September 2016

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

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