How is a dispute resolved when a minor claims the guarantee occurred before puberty and the guarantee recipient claims it occurred after puberty?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The view attributed to Al-Qadi suggests that the statement of the guarantee recipient is accepted, as they possess the assurance of a valid contract, similar to disputes over a void condition. However, another potential opinion favors the guarantor's statement, based on the default presumption of non-puberty and non-liability.
Supporting text
The preference leans toward the latter view, supporting the guarantor. This case differs from disputes over void conditions because here the dispute involves the capacity (Ahlia) to transact, and the one claiming capacity lacks apparent supporting evidence or default basis to favor their claim.