Encyclopaedia Islamica

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Bay ʿ
(3,141 words)

Bay ʿ (contract of sale) in Islamic Jurisprudence. A contract of sale is immediately effective and legally binding after the documentation of the mutual consent of the engaging parties, that is the seller (bāyiʿ) and the buyer (mushtarī). The legal impera-tive imposed by the contract of sale does not rely on any other factor, and the contract of sale is an irrevocable undertaking that cannot be annulled without good reason. The bayʿ has the quality of tamlīk (transfer of ownership, convey…

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Bagheri, Ahmad and Translated by Rahim Gholami, “Bay ʿ”, in: Encyclopaedia Islamica, Editors-in-Chief: Farhad Daftary. Consulted online on 25 February 2024 <http://dx.doi.org/10.1163/1875-9831_isla_COM_000000102>
First published online: 2015

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