- Published on
Islamic Law of Transaction - Definition of Sale According to Islamic Jurists
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, which means “arm,” because people stretch out their arms to give or receive items during a sale. Another explanation is that people would shake hands after completing a deal. Because of this, another Arabic term for a sale agreement is ṣafqa, which literally means “a handshake.”
According to the Hanafi School jurists, a sale means exchanging a lawful and owned item (māl) for another item in a specific and beneficial way. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they have no recognised value in Islamic law.
Case Scenario
Ahmad owns a bicycle and sells it to Bilal for RM500. Both items have value, are owned lawfully, and the exchange benefits both parties. This is considered a valid sale in Islamic law.
However, if Ahmad exchanges one RM10 note for another identical RM10 note with no added benefit, this would not normally be considered a sale because there is no real exchange of value. Likewise, selling something without recognised value, such as a dead animal, would not be a valid sale under Islamic law.
In Islamic law, a sale (bayʿ) means exchanging one item for another. The Arabic word bayʿ is used for both buying and selling, as mentioned in the Qur’an in verses [12:20] and [2:102].
The word bayʿ comes from the Arabic word bāʿ, which means “arm,” because people stretch out their arms to give or receive items during a sale. Another explanation is that people would shake hands after completing a deal. Because of this, another Arabic term for a sale agreement is ṣafqa, which literally means “a handshake.”
According to the Hanafi School jurists, a sale means exchanging a lawful and owned item (māl) for another item in a specific and beneficial way. This definition excludes exchanges that bring no real benefit, such as swapping one identical coin for another identical coin. It also excludes worthless or prohibited items, such as dead animals or dust, because they have no recognised value in Islamic law.
Case Scenario
Ahmad owns a bicycle and sells it to Bilal for RM500. Both items have value, are owned lawfully, and the exchange benefits both parties. This is considered a valid sale in Islamic law.
However, if Ahmad exchanges one RM10 note for another identical RM10 note with no added benefit, this would not normally be considered a sale because there is no real exchange of value. Likewise, selling something without recognised value, such as a dead animal, would not be a valid sale under Islamic law.
0 Comments