Glossary
Bai' al-Inah
Selling something to someone on credit and buying it straight back for less cash, so they get money now and owe more later.
Bai' al-inah is tawarruq with no third party: the same two people do both sales and the asset ends up where it started. AAOIFI calls it 'a trick for practicing Riba' and 'strictly prohibited', and notes that the majority of jurists prohibit it. Malaysia historically permitted it, following views attributed to the Shafi'i school, and Bank Negara's SAC approved a card built on inah plus wadi'ah in April 2001. Malaysia then narrowed it: in February 2009 the SAC ruled that any stipulation to repurchase renders the contract void, including one appearing in a recital, brochure or appendix.
This is also a card contract structure
The bank sells you an asset on credit at a high price and immediately buys the same asset back from you for a lower cash price, so you walk away with cash and a bigger debt.
How Bai' al-Inah works on a credit cardRelated terms
Sources
- AAOIFI Shariah Standard No. (30) clauses 2 and 4/5 and Appendix B; Bank Negara Malaysia, Shariah Resolutions in Islamic Finance, 2nd edition, items 72, 73, 89