Jurisprudential and Legal Analysis of Assignment on Non-debtor from the Perspective of Islamic Jurisprudence

According to the historical background of assignment, even its prevalence before Islam, examining the opinions of jurists of Islamic schools of thought in this regard can find important results that can be used to solve problems in facing many questions and problems, including the correctness of assignment on non-debtor. Unfortunately, in the opinions of the jurists, the condition of indebtedness of the assignee has not been taken into consideration. The current research aims to use the theories and arguments of jurists to solve conflicts and find the answer to the question whether the assignment on non-debtor is correct or not. In addition to the great disagreement about the nature of assignment among jurists, some jurists, including the Shafi‘i jurists, have considered it necessary about the correctness of assignment on non-debtor that the assignee is truly indebted to the assignor, although they have considered the assignment on non-debtor to be similar to a guarantee because the property is transferred from the indebted to the non-debtor. In this way, the assignee is the guarantor of the creditor’s debt on the assignor with her own acceptance. However, Hanafi and Imami jurists do not consider this as a condition for the validity of assignment and they believe that assignment on non-debtor is also valid. The method of collecting information is in the form of a library method using documents related to the present subject.