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Faskh al-Dayn bil Dayn


Arabic (فسخ الدين بالدين) for debt refinancing or debt restructuring. Debt refinancing is the replacement of an existing debt (dayn) with another debt for new terms and/ or conditions, where the amount of the new debt will be used to pay off the outstanding amount of the existing debt. Debt refinancing involves the initiation of a new contract, usually at different terms than a previous one to the effect that the term of the debt is extended against an increase in the amount of debt. Example is rollover in murabaha.

Debt restructuring (إعادة جدولة الدين), in a specific case, involves the process whereby lenders would agree to reduce the amount of repayment installments against extending a debt’s maturity. Lenders grant a concession to the debtors in accordance with a mutual agreement or by way of a court judgment.

From a shari’ah perspective, and regardless of its type, faskh al-dayn bil dayn, which results in term extension against an increase in the outstanding amount of an existing debt is impermissible.

Faskh al-dayn bil dayn is also known as qalb al-dayn or ba’i al-dayn bil dayn.



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