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Contract structure

Guarantee, loan and fee working together on one card

Follow one card purchase through a guarantee, an interest-free loan and a service fee, see why scholars scrutinise the fee and the guarantor's role, and learn what to verify first.

Diagram of issuer, merchant and cardholder with an Islamic card and guarantee papers

A card built on qard, kafalah and ujrah uses three contracts at once. Kafalah is the guarantee under which the issuer undertakes to pay the merchant on your behalf, qard is the interest-free loan that arises when it does, and ujrah is the separate fee for the services behind the account.

This three-part design is one of the older ways of explaining how a card can work without interest. It is easy to describe and also easy to get wrong, because each contract has its own conditions. This guide follows one purchase from tap to repayment and flags the points where scholars ask careful questions.

Why a card needs a guarantee at all

When you pay with a card, the merchant does not wait for you. The card scheme and the issuer promise the merchant payment, and later the issuer collects from you. Sharia structuring describes that promise as kafalah, a guarantee, and the later recovery as a loan, so that no charge is made for time.

The sequence of obligations

First you buy goods and sign or tap. Second, the issuer, as guarantor, pays the merchant. Third, the amount paid becomes a qard owed by you to the issuer. Fourth, you repay the same amount on the due date. A separate ujrah pays for the card services, not for the loan or for the guarantee as such.

Who guarantees whom

The guarantee runs from the issuer to the merchant on your behalf. In some products a third party, for example a family member or employer, also guarantees your repayment to the issuer, which is a second layer of kafalah. Make sure you know which layer a given document describes.

One purchase from start to finish

Example: you buy a laptop bag for USD 1,200. The issuer pays the merchant USD 1,200. That becomes a qard from the issuer to you. On the due date you repay USD 1,200. Separately, you pay an annual service fee of USD 75 that is shown on the fee schedule and never added to the loan.

The three contracts side by side

Each contract has a different purpose and a different rule about charges. Keeping them in separate columns helps you read a product guide and spot where an issuer may have blurred them together.

ContractRoleWho is boundCan a charge be made?
KafalahGuarantees payment to the merchantIssuer towards merchantNot as a price for the guarantee itself, in the view of many scholars
QardInterest-free loan to the cardholderCardholder towards issuerNo, repayment at par
UjrahPays for services such as account managementCardholder towards issuerYes, if it matches a real, known service
Optional third-party kafalahBacks your repaymentGuarantor towards issuerOnly actual, documented costs

The fee-for-guarantee problem

Many scholars, and AAOIFI in its approach to guarantees, hold that a guarantee is an act of assistance and should not be sold for a fee that grows with the amount guaranteed. Issuers therefore describe their charge as ujrah for operations, and an honest document will list the services and not call it a guarantee price.

The Sharia questions worth knowing

The main questions are about linkage. Is the ujrah really independent of the guaranteed sum? Does the issuer gain anything from the loan itself? Are merchant fees from the card network acceptable income? Boards answer these differently, so the sections below summarise common positions without issuing a ruling.

Is the fee independent of the amount guaranteed?

Most boards accept a flat fee linked to real services. A percentage of purchases or of the outstanding balance would raise the concern that you are paying for the loan or the guarantee. Test any fee by asking whether it would change if you spent double the amount.

Merchant fees and interchange

Issuers earn part of their income from fees that merchants pay through the card network. Many boards regard this as a service fee within an agency or brokerage relationship and permit it, while others ask for the issuer's model to be reviewed. Treat it as a question for the issuer's Sharia supervisory board.

What a board will usually want to see

Typically it reviews the cardholder agreement, the fee schedule, the accounting treatment of late charges and the rules on prohibited merchants. It also checks that no part of the structure rewards or charges you in proportion to time. Ask for a summary of the approval and its date.

A guarantor-backed variant for students and new customers

Some issuers allow a relative or employer to guarantee your repayment so that a young or thinly documented applicant can obtain a limit. This is a second kafalah, and it brings duties for the guarantor that must be explained before anyone signs.

Example with a parent as guarantor

Example: a student receives a USD 800 limit with a parent as guarantor. If the student defaults on USD 300, the parent becomes liable for USD 300 plus any proven recovery costs. The parent should know the exact liability, the duration of the guarantee and the way to withdraw.

Protecting the guarantor

The guarantee should cover the principal only, with a cap, not unlimited later charges. The guarantor should receive statements, and the contract should say whether a fee is taken from the guarantor. A fee charged to a guarantor for providing the guarantee is the sort of point scholars examine closely.

How to check a card of this type before you apply

A structured check takes only a few documents. The aim is to confirm each contract has a clear role and that the charges are not mixed.

  1. Obtain the cardholder agreement, fee schedule and Sharia approval.
  2. Find the clause that describes the guarantee and who benefits from it.
  3. Find the clause where the guaranteed payment becomes a loan at par.
  4. List every fee and the service it pays for; look for percentages of balance.
  5. If a third-party guarantor is required, read the guarantee deed with them.
  6. Ask what happens after a missed payment and where late charges go.

Frequent mistakes and typical refusals

Most mistakes stem from reading only the brochure. A kafalah-based card may sound reassuring, but the real information sits in the agreement and in the fee schedule. Refusals follow standard credit checks.

Mistakes by applicants and guarantors

Guarantors often sign without asking about limits, duration or notice. Applicants often believe that a guarantee means the card is free of conditions. Both overlook the fee schedule. Keep a copy of every signed page and write down the contact for the Sharia board.

Why a guarantor may be requested or refused

An issuer may ask for a guarantor when income is low or history is short. A guarantor may be refused if their own commitments are high. In either case, a smaller limit without a guarantor is often better than a large limit that puts a relative at risk.

Halal alternatives to a guarantee-based design

If three contracts feel heavy, compare a simple qard card with a clear ujrah, a charge card paid in full, or a deposit-backed card. A secured structure replaces a personal guarantor with your own collateral, which keeps family out of the contract. Each has its own Sharia discussion.

Choosing between them

Choose the structure whose documents you understand best and whose costs you can state in one sentence. If you cannot explain who guarantees what and who pays whom, ask the issuer for a diagram. A good issuer will provide one.

Frequently asked questions

Does the card issuer charge me for guaranteeing my payment? It should not describe a charge as a price for the guarantee. The issuer typically charges a service fee for operations. Check that the wording and the amount match real services.

Is the loan interest-free if the issuer already paid the merchant? Yes in this model: what you owe is the amount paid, repaid at par. Any additional amount should come only from the separate service fee.

Can my parent be forced to pay more than the debt? That depends on the deed. A well-drafted guarantee limits liability to the principal and documented recovery costs, but you must read the document before anyone signs.

Is this the same as a secured card? No. A secured card is backed by your own deposit or asset, while kafalah relies on a promise by the issuer or a third party. Some products combine both.

Do all Sharia boards approve this structure? Not necessarily. Many accept it with conditions on fees, while others have reservations. Confirm with the issuer's Sharia board or a qualified scholar.

Official sources and further reading