Who is legally competent to guarantee a debt (Daman)?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The guarantee is valid for every person legally competent to manage their property, whether male or female, because it is a contract intending financial liability, thus valid for women like sales transactions. Validity of guarantee is established by the clear indication of the guarantor's intention.
Supporting text
The guarantee is invalid for the insane, the seriously ill (Mubrasim), and the non-discerning minor without dispute, as it constitutes imposing a financial obligation through a contract, similar to making a vow (Nadr). It is also invalid for the prodigal person under guardianship (Safiih Mahjoor 'alayhi).