Is the consent of the person upon whom the debt is transferred ('al-muhal 'alayhi) required for the validity of the debt transfer (hawala)?
General Chapter
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The ruling is that the consent of the person upon whom the debt is transferred is not required, as the original debtor appoints him as his substitute in receiving the payment, thus making acceptance obligatory for him, similar to an agency for retention.
Supporting text
Malik states that the consent of the person upon whom the debt is transferred is not required unless the creditor is his enemy. Al-Shafi'i has two views on requiring his consent: one view states it is required, as he is one of the parties completing the transfer, resembling the original debtor; the second view states it is not required because he has been appointed in the place of the original debtor for receipt, similar to an agency, which does not require the consent of the one liable.