A new view on the nature of guarantee contract in the light of concept and aim of its legalization

There are two viewpoints on the nature of guarantee contract. Considering that the Shiite jurisprudents (Foqaha)`s view on the purpose of legalizing guarantee contract is based on kindness and favor to the debtor, they regards contract of guarantee as a transferor of obligation. Accordingly, when the mentioned contract takes place, the debtor`s obligation is cleared but the guarantor is indebted. Consequently, any clause which causes the debtor`s obligation to continue after his guaranty, nullifies the clause and the contract. By comparison, the Sunni jurisprudents believe that the aim of legislating a guarantee contract is protecting a creditor, and a guarantee creates an additional obligation for him. Therefore, as the contract of guarantee happens, the creditor has a right of return to two persons in order to demand his own due instead of one person.
Hence, I am studying this question in this paper: what is the purpose of legislating a guarantee contract? what is the nature of the mentioned guarantee? It can be summarized that the aim of legislating a guarantee is dong a favor the debtor and transferring an obligation is according to being absolute of a guarantee contract not in its nature. For this reason, there may be a joint liability where a contract is concluded with a condition. Paying attention to the literal concept of guarantee which is synonymous with placing and including something as a part of group, shows the bail aspect of guarantee as suretyship and security. However, there is no doubt that suretyship and security are the third party`s doing favor.