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Fiqh al-Bay' al-Amanah — Trust-Based Sale in Islamic Law: Cost-Disclosure Sales, Murabaha and Tawliya as the Main Types, and Why Cost-Transparency Is a Shari'ah Principle

فِقهُ البَيعِ بِالأَمَانَة — البَيعُ بِالأَمَانَةِ فِي الفِقهِ الإِسلَامِيّ: بُيُوعُ الإِفصَاحِ عَن التَّكلِفَةِ وَالمُرَابَحَةُ وَالتَّوليَةُ بِوَصفِهِمَا النَّوعَيْنِ الرَّئِيسِيَّيْنِ وَلِمَاذَا الشَّفَافِيَّةُ فِي التَّكلِفَةِ مَبدَأٌ شَرعِيّ
2 min read · 250 words

Fiqh al-Bay' al-Amanah (فِقهُ البَيعِ بِالأَمَانَة — Jurisprudence of Trust-Based Sale; a category of sale in which the seller discloses their original cost to the buyer, and the price is then set in reference to that disclosed cost; called 'amanah' [trust] because it requires the seller to be honest about what they paid — the buyer is relying on the seller's word; three main types: [1] murabaha [مُرَابَحَة — cost-plus sale: seller discloses cost and adds an agreed profit margin; 'I paid 100 and am selling to you at cost plus 20%']; [2] tawliya [تَولِيَة — at-cost sale: seller discloses cost and sells exactly at that price, no profit and no loss]; [3] wadh'iah / muhatabah [مُحَاطَبَة / وَضِيعَة — below-cost sale: seller discloses cost and sells at an agreed discount]; the importance for contemporary Islamic finance: murabaha has become the most widely used Islamic finance instrument globally because it structures the cost-plus sale in a way that allows a bank to finance purchases without charging interest — the bank buys the asset and resells it to the client at a disclosed cost plus a disclosed profit margin) is the foundation of the contemporary Islamic banking model.

Why Cost Disclosure Is the Core Principle

Conventional sales involve one principle: the seller and buyer agree on a price, period. Neither is required to disclose what the seller paid or how much profit is involved.

Bay’ al-amanah introduces a different principle: the seller’s original cost is known to the buyer, and the transaction is structured around that cost. This requires amana (trustworthiness) from the seller — the buyer cannot independently verify what the seller paid.

If the seller lies about the original cost, the sale is corrupt (fasid) in most schools and the buyer has a right to rescind.


Murabaha: The Most Important Type

Classical murabaha: “I bought this for 100 dirhams. I am selling it to you for 100 + 10 (10%).” The buyer knows exactly what margin they are paying.

Contemporary murabaha (for home/car finance):

  1. Client approaches Islamic bank wanting to purchase an asset (home, car, equipment)
  2. Bank purchases the asset directly from the seller
  3. Bank then sells the asset to the client at cost + agreed profit margin, payable in installments
  4. There is no interest — the profit margin is fixed at the time of sale and does not change if the client is late

The AAOIFI Standard 2 governs murabaha in Islamic banking in detail. The bank must actually take ownership of the asset before selling to the client (not just arrange payment) — this distinguishes it from an interest-bearing loan.

See also: Fiqh Al Tawarruq, Fiqh Al Mudarabah Al Mutlaqa, Fiqh Al Gharar, Fiqh Al Bay Bi Al Dayn, Fiqh Al Musharakah

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