from them, lest usury be made permissible through indirect means. ‘Umar ibn al-Khattāb, may Allah be pleased with him, said: “Among the last revelations Allah sent down to His Messenger was the verse concerning usury. The Messenger of Allah, may Allah bless him and grant him peace, died without explaining it, so avoid doubtful matters and doubtful matters.”
Moreover, taking grounds for suspicion into account is a principle upon which the Sharia bases its rulings. The Messenger of Allah, may Allah bless him and grant him peace, said: “The testimony of an adversary, a person under suspicion, or someone whose testimony brings him personal benefit is inadmissible.” The scholars likewise disallowed a father’s testimony in favour of his son, and a son’s testimony in favour of his father, because of suspected partiality. On the same grounds, they excluded an intentional killer from inheritance and allowed a woman irrevocably divorced during her husband’s illness to inherit from him. There are many similar examples.
Section
If a man sells another man an item for cash and then buys it back on credit, or sells it to him on credit and then buys it back for cash, or sells it to him on credit and then buys it back on credit, or sells it to him for cash and then buys it back for cash after the money has passed out of sight, consider the party who first paid out his dirhams. If he receives back the same amount or less, that is permissible. If he receives more, further consideration is required. If both parties, or either of them, engage in ‘īna transactions, this is impermissible in all cases, whether the first sale was for cash or on deferred payment. If neither engages in ‘īna transactions, it is permissible if the first sale was for cash, but impermissible if it was on deferred payment.
This is because those who engage in ‘īna transactions are suspected in circumstances where those who conduct sound transactions are not, owing to their involvement in objectionable practices. One example is a dealer in ‘īna selling food or some other commodity for five paid immediately and five payable at a specified term, when the purchase is made solely for resale. This is permissible for those who do not engage in ‘īna transactions.
Another example is a dealer in ‘īna selling food or some other commodity for a price payable at a specified term, after which the buyer asks him to reduce the price and he does so. Mālik and other scholars regarded this as objectionable, because he only sells it