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Ba’i al-Istighlal


According to latter-day Hanafi scholars, it is a type of sale (ba’i) in which the seller has the right of redemption. It involves selling a property based on wafa’, with the seller having the right to take the object of sale (typically a property) on lease from the buyer (the new owner. For example, ghallah includes the income produced from growing crops, rearing animals (such as cows, goats, etc), taking care of fruiting trees, proceeds of leasing, etc. Istighlal is an Arabic term that denotes taking advantage of something’s yield (or ghallah). In turn, ba’i al-istighlal is translated as sale of usufruct.

This sale (in Arabic script, بيع الإستغلال) is also known as ba’i al-wafa.



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