It is known that in Madhab Shafi'i, Bay' al-'Eenah is permissible But, can you clarify to me if it is permissible even if your intention is you are doing it as an heela to Riba How about using it in Islamic Banking?



بسم الله الرحمن الرحيم

Wa ‘Alaikum Assalam wa Rahmatu Allahi wa Barakatu,

Ibn Hajar Al Haytami states in At-Tuhfah,

"وَقَد يُكره؛ كَبيع العِينَة؛ وَكُل بَيعٍ اختُلِفَ فِي حِلِّهِ كَالحِيَل المُخرجة عَنْ الربا"

التحفة 4/323 ووافقه الرملي في النهاية 3/477 والشربيني 2/396

“Disliked transactions Include, ‘Ayna and any artful trade enfolding Riba”

This was also stated by Ar-Ramli & Ashirbini.

That is the correct opinion of the school.

If one is intending a forbidden act, while using permissible methods then their act is forbidden as well.

As for Islamic banks, this is a very wide spectrum. In general, what claims to be Islamic and follows the laws of Islam then indeed it is permissible. We would prefer a more direct & detailed question to better answer your needs.

Question answered by: Shaykh Muhib al-Din Abu Malik