National Shari'a Board - Indonesian Council of Ulama Fatwa No. 12 of 2000 on Hawalah

This fatwa acknowledges that some persons not able to repay debts directly may opt to transfer those debts to a third party via a hawalah agreement. The fatwa notes that shari'a financial institutions are already implementing such agreements and, therefore, would benefit from a set of guidlines to ensure their implementation is shari'a-compliant.

More specifically, the fatwa mandates that a hawalah agreement be between a muhil (party who is in debt and owed), muhal/muhtal (owed by the muhil), and muhal 'alaih (in debt to the muhil and indebted to the muhal), and that the agreement show clearly each party's willingness to be a party to the agreement.

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