Legal rule on ujrah in kafalah contract
A number of the classical scholars are of the view that charging an ujrah or fee for a guarantee is not allowed. This view is based on the argument that kafalah contract is classified among the uqud al-tabarru’at which is voluntary in nature. As such, it is not allowed to charge a fee for the guarantee.
Views that allow fee in kafalah contract
Among the view that allow fee in kafalah contract are as follows:
Prof. Dr. Wahbah al-Zuhaili views that charging fee for kafalah is permissible. According the original rule, it is advisable to offer guarantee free of charge since kafalah fails under the category of aqd al-tabarru. However,