Sadd al-Dharai' (Blocking the Means) and Its Impact on Reverse Murabaha (A Comparative Jurisprudential Study)

Document Type : Original Article

Author

Assistant Professor of Fiqh (Islamic Jurisprudence and Principles), Department of Sharia and Islamic Studies, College of Sharia and Islamic Studies, King Faisal University, Saudi Arabia.

Abstract

This research aims to shed light on the principle of Sadd al-Dharai' (Blocking the Means) as one of the fundamental sources of Islamic legislation, and to explore its impact on reverse Murabaha. The study is structured into an introduction, two main chapters, and a conclusion. The first chapter is divided into four sections: the definition of Sadd al-Dharai', its classifications, its legitimacy as a legal principle, the positions of scholars regarding it, its key elements, the conditions for its application, and its practical implementations in Islamic jurisprudence. The second chapter consists of three sections: defining reverse Murabaha, its objectives, the procedure for conducting it, its legal ruling, and the effect of Sadd al-Dharai' on reverse Murabaha. The research concludes with several findings and recommendations, among which is that the predominant view among scholars is the impermissibility of reverse Murabaha due to various legal concerns it raises. Additionally, the research highlights that the financial guarantee associated with reverse Murabaha increases its risks. It underscores the importance of Sadd al-Dharai' in safeguarding the Islamic financial system from transactions that may lead to riba (usury). The research recommends unifying operational mechanisms in Islamic banks to align with Shariah, avoiding prohibited practices, and adhering to legitimate contracts, such as Mudaraba and Sukuk, as alternative financing solutions.

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