The guarantee contract is one of the types of Islamic contracts which has been examined in this article in four topics: in the first topic, the author, after discussing the meaning of the guarantee, divides it into three types of exchange guarantee, forced guarantee and contractual or contractual guarantee. Then he describes the contractual guarantee and expresses the opinion of various jurists about it.In the second topic, he presents the views of the Imamiyya jurists on whether the guarantee has a contractual form or is contingent, and after expressing the opinion of the jurists on this matter, he comes to the conclusion that the vast majority of the Imamiyyah jurists follow the rules and regulations of the marriage ceremony regarding They do not consider the guarantee contract necessary. In the third topic, the works of guarantee are introduced by stating the three theories of transfer of liability, solidarity and guarantee, and after explaining the arguments of the jurists in this case, it reviews these reasons. In the last topic, valid guarantees and conditions are discussed in it about various topics and the author describes and explains these sub-sections one by one.
Machine summary:
"Guarantee by more than one guarantor, if two or more guarantors become guarantors, what are its legal effects? How does the guarantee belong? What is the role of the guarantor's consent and acceptance? If they guarantee in the form of succession, according to the opinion that acceptance is a condition, if The acceptance of any guarantee before the other is the contract, and the guarantor becomes the guarantor, and the guarantee of the second guarantor does not make sense, because the place is not for the second guarantee and the content of the other. 8) Mirza Qomi, comprehensive Al-Shata'ah, Volume 1, p. 208; Seyyed Muhammad Mujahid, Manahel, lithography, Volume 2; Allameh Hali, Khazrat al-Nafi, Yanabi' al-Fiqhiyyah, Volume 15, p. 232; Ahmad Mohaghig Ardabili, Al-Faidah and Al-Barhan Assembly, lithography, p. 788; Fakhr al-Muhaqqin, Idah al-Fawaid, vol. 2, p. 80; Allameh Hali, Tadzirah, vol. 2, p. 84; Seyyed Ali Tabatabai,Riyadh, volume 1, page 482; Mohagheq Karki, Jame Al-Maqasid, lithograph, p. 315; Mirftah Maraghei, titles, lithography, p. 330; Sheikh Yusuf Bahrani, Al-Hadaiq al-Nadrah, volume 21, pages 2 and 4; Seyyed Ahmad Khansari, Jame Al-Madarak, Volume 3, p. 379; Mohammad Javad Ameli, Miftah al-Karamah, volume 5, page 350; Shahid Sani, Masalak al-Afham, lithograph, volume 1; Shahid Sani, al-Rawda al-Bahiya, volume 4, page 113; Seyyed Mohammad Kazem Yazdi Tabatabai, Al-Arwa Al-Waghti, Volume 2, p. 759; The First Shahid, Al-Lama' Al-Damashqiya, p. 144; Mohammad Hassan Najafi, Jawaharlal Kalam, volume 26, page 114; Seyyed Mirza Hasan Bejnordi, Al-Qasear Al-Fiqhiyyah, Volume 6, p. 84; Mohaghegh Hali, Sharia al-Islam, Volume 2, p. 355; Morteza Motahari, Usury, Bank, Insurance, p. 282; Mohammad Jafar Jafari Langroudi, Aqd Daman, p. 75 onwards; Nasser Katouzian, Moin's Contracts, Volume 3, p. 221; Ruhollah Mousavi Khomeini, Kitab al-Bay, volume 4, page 14.