A term (بيع الثنايا) which is used by Maliki fuqaha to denote ba’i al-wafa. It is a sale in which the seller has the right, as conditioned in the contract, to repurchase the underlying property (an estate like a house or land) from the buyer by refunding the purchase price. The right of redemption is given to the original seller upon an understanding that the buyer will give (i.e., resell) the property back to the seller and receive the original price. The buyer agrees to honor that understanding and hence the name “wafa” which means “honor”.
Ba’i al-wafa (بيع الوفاء) is viewed by the majority of jurists (fuqaha) as impermissible. Notwithstanding, contemporary East Asian jurists are of the opinion that this type of sale is permissible under Islamic jurisprudence, where it has been used as the shari’a foundation to develop products for Islamic capital markets.
This form of sale is also known in shari’a sources as ba’i ‘uhdah (Shafi’e school of thought), among other names.
Comments