Hiwala Contract


Hawala: A contract by which a debtor transfers his debt to a third party.
Hiwalah refers to the transfer of debt from one party (the
transferor, or muheel) to another (the payer or muhal alaihi) to the
benefit
and order of the creditor (the muhal).
The contract of hawalah is not a contract of sale (ba’i), as it is used
to facilitate payments and debt recovery.
Hiwalah is a contract which caused the transfer of debt from one
party to another.
Through the transfer of a claim of a debt, the responsibility for its
settlement is shifted from one person to another.Hiwalah is similar
to the sale of debt but is not sale, it also resemble kafalah and
wakalah. 
However, it is a unique contract which has its own distinct features
and condition. 

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