Islamic Finance
Bai’atan Fi Bai’ah
May 27, 2021
Finance
Open Maturity Repo
May 27, 2021

Arabic (بيع الدين) for sale of debt (dayn). It denotes the sale of debt securities, debt certificates (commercial papers), or receivables for a specific amount (usually at a discount to its face value). For example, it may involve the situation where a person has receivables and wants to sell them at a discount to a third party. The third party will replace the original creditor/lender and will be able to claim the face value, with the difference between what he will get and what he has paid constituting his reward/ profit (iwadh/ ribh).

The traditional Muslim jurists (fuqaha) unanimously prohibited ba’i al-dayn at a discount. The overwhelming majority of contemporary Muslim scholars hold the same view. However, some East Asian scholars (in Malaysia, for example) don’t consider ba’i al-dayn unlawful, based on the Shafi’i’s ruling allowing it (however, Shafi’i’s allowed it only if a debt is sold at its face value).

Shari’ah prohibits ba’i al-dayn because it involves a high degree of gharar (excessive gharar/ gharar fahish) and riba.

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