Badal
substitute; substitute compensation.
the exchange of a debt for a debt (prohibited based on a tradition and unanimously by the jurists based on ijma).
This term refers to advance payment for goods which are to be delivered later. Normally, no sale can be effected unless the goods are in existence at the time of the bargain. But this type of sale forms an exception to the general rule provided the goods are defined and the date of delivery is fixed. The objects of this type of sale are mainly tangible things but exclude gold or silver as these are regarded as monetary values. Barring these, bai salam covers almost all things which are capable of being definitely described as to quantity, quality and workmanship. One of the conditions of this type of contract is advance payment; the parties cannot reserve their option of rescinding it but the option of revoking it on account of a defect in the subject matter is allowed. It is also applied to a mode of financing adopted by Islamic banks. It is usually applied in the agricultural sector where the bank advances money for various inputs to receive a share in the crop, which the bank sells in the market. This kind of sale (Salam) also used nowadays as a mode of fianancing that is also called ‘Parallel Salam’.
Bai Bithaman Ajil (Al) / Al-Bay-Bithaman Ajil (BBA) financing
In modern Islamic banking, the term refers to a buying and selling transaction between the bank (or financial institution) and the customer, whereby the former buys a property (or an asset, e.g. a house) at the prevailing market price and sells it to the customer at a mark-up price where payments are made by installments over a period of time agreed upon by both parties. The profit earned by the bank is legitimate from the Shariah point of view since the transaction is based on sales contract rather than a loan contract. Any predetermined profit arising from the loan is prohibited in Islam as it amounts to Riba.
Sale based on deferred payment, either in a lump sum or instalments. 1.A sale in which the parties agree that the payment of price shall be deferred is called a Bai Muajjal. 2.Bai Muajjal is valid if the date of payment is fixed in an unambiguous manner. 3.The date of payment can be fixed either with reference to a particular date, or by specifying a period, like three months, but it cannot be fixed with reference to a future event where the exact date is unknown or uncertain. If the time of payment is unknown or uncertain, the sale is void. 4.If a particular period is fixed for payment, like one month, it will be deemed to commence from the time of delivery, unless the parties have agreed otherwise. 5.The deferred price may be more than the cash price, but it must be fixed at the time of sale. 6.Once the price is fixed, it cannot be decreased if it was paid earlier, nor can it be increased in the case of default. 7.In order to ensure the buyer pays the installments promptly, the buyer may be asked to promise that in the case of default, he will donate some specified amount for a charitable purpose. In such cases, the seller may receive such an amount from the buyer, not as part of his income, but to use it for charitable purposes on behalf of the buyer. 8.If the commodity is sold on installment, the seller may put a condition on the buyer that if he fails to pay any installment on its due date, the remaining installments will become due immediately. 9.In order to secure the payment, the seller may ask the buyer to furnish a security whether in the form of a mortgage, a lien or a charge on any of his existing assets. 10.The buyer can also be asked to sign a promissory note or a Bill of Exchange, but the note or the bill cannot be sold to a third party at a price different from its face value.
Bai / Bay’
Sale; Commonly used as a prefix in referring to different types of sales: Muajjal, Murabahah,
Tawliyah and Wadiah; comprehensive term that applies to sale as well as many other transactions that are not strictly referred to as sales in positive law; bilateral contract; exchange.
Baligh
mature person; person who has attained puberty, the outward sign of majority and discretion, in the absence of which jurists determines different ages for the presumption of puberty.
Batil
Nullity; void, void ab intio.
Baytul Mal
The treasury of an Islamic state.
Buda’ah
goods given to another for trading without giving wages or sharing profits (like a shopkeeper leaving his shop with another shopkeeper during his absence).
Bulugh
the attainment of puberty; see baligh.
Butlan
see batil.
