Juristic viewpoints on bay' al-'inah in Malaysia: a survey
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In Malaysia, Sharicah scholars at the supervisory levels have advocated bay' al-'inah as a mode of finance. Under the label of al-bay', the contract of bay' al-'inah contains interest-bearing features, such as earning a contractual return without the implication of risk and value-addition. Seeking a broader consensus on the permissibility of bay' al-'inah is thus critical. This study shows that Malaysian Sharicah scholars outside the supervisory bodies do not fully support bay' al-'inah. The survey indicates that bay' al-'inah can be applied under a state of darurah or when the maslahah of the Muslim people is under threat, which is not the case in Malaysia. Since Sharicah scholars in Middle-Eastern countries have condemned bay' al-'inah, it is crucial that a diversification policy is pursued to invite greater participation of global Islamic funds in Malaysia.
Islamic financing , Bay' al-'inah , Riba
Rosly, Saiful Azhar & Che Seman, Azizi. (2003). Juristic viewpoints on bay' al-'inah in Malaysia: a survey. IIUM Journal of Economics and Management, 11 (1), pp. 87-111.
International Islamic University Malaysia