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Ba’i al-Taljiah


A type of fictitious sale (ba’i souri) which is made to serve a temporary purpose. In ba’i al-talji’ah the seller pretends to have sold his property while actually no sale has been made. This maneuver may be restored to when a proprietor attempts to avoid a looming threat to his property such as confiscation by the state or seizure on account of legal proceedings against default, etc. A defaulting debtor may transfer his assets or wealth to a third party (like a son) for fear of creditors lodging claims on those assets in order to redeem their loans or financial rights. Practically, the assets are not transferred but the owner alleges to have transferred them. The third party colludes with the owner by testifying that transfer has taken place, though it has not.

From a shari’a perspective, jurists were of different opinions as to legitimacy of ba’i al-talj’iah. Hanafi and Hanbali nullified it altogether, while Shafe’i considered it a valid sale.

Talj’iah is an Arabic term that means commendation.



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