What is the guarantee in Islamic jurisprudence?

Abstract

Abstract: Jurisprudential opinions differed on the nature of the guarantee, depending on the purpose for which the guarantee was legislated, based on two opinions. Most of the Imami hold that the purpose of it is benevolence to the guaranteed person (the debtor) by discharging him from the debt and transferring it to the guarantor. For them, the guarantee means the transfer of the covenant, and on the other hand, the jurists of the public held that the purpose of the guarantor is to protect the guaranteed person and to be in solidarity with him, because the guarantee for them means to join the covenant. The guaranteed person can claim the debt from the guarantor and the guaranteed debt together. The focus of the research is to answer the following question, the purpose of the guarantee legislation? Is it the transfer of responsibility, which is consistent with the linguistic concept of guarantee, which means the guarantee of something for something and its condition in the case of guarantee and mortgage in their statement of documentation and benevolence?! This is through extrapolation of jurisprudential opinions, and sometimes we refer to the law Iraqi civilian.