What is the extent to which a guarantor can seek recourse from the principal debtor after payment?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 1 · Bab 2

Open in Qurani

Primary text

The guarantor's recourse against the principal debtor is limited to the lesser of two amounts: the sum actually paid or the original determined debt amount. If the original debt was less than the payment, the excess amount paid by the guarantor is considered a voluntary payment for which no recourse exists. If the amount paid was less than the debt, the guarantor may only recover the amount actually disbursed. This is evidenced by the rule that if the creditor absolves the principal debtor, the guarantor has no right to recourse.