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HIWALAH - Coggle Diagram
HIWALAH
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LEGALITY
Abu Hurayrah (RA) reported the Prophet (SAW) to have said, Default on the payment by a solvent debtor is unjust and if anyone of you is transferred to a solvent person, he must accept the transfer.
Reported by al-Bayhaqi to have said, Default by such debtors is a form of transgression, so if one of you has his debt transferred to a rich person, let him accept the transfer of debt.
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LEGAL CONSEQUENCES
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The transferee is entitled to have a right of recourse against the transferor in the following condition:
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The transferee is entitled to claim the amount of the debt assigned to him through hiwalah from the payer
In restricted hiwalah, the transferor is no longer entitled to reclaim from the payer an amount transferred to the payer in respect of the debt to be settled
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