摘要：Baiʻ al-īnah is the process of buying and selling carried out by the seller to the buyer on a direct or credit basis,which then the goods are resold by the buyer to the original seller at a price lower than the previous purchasing price. This research is normative (doctrinal) research,with a regulative (statute approach) and conceptual approaches,andemphasizing the use of secondary data in the form of primary,secondary and tertiary legal materials. The research resulted in the following conclusions: First,the scholars had different opinions on baiʻ al-īnah . Abu Hanifah forbade baiʻ al-īnah since the legally binding sale,and the purchase was illegal. Hence the second sale and purchase were also illegal. Besides,Imam Malik and Ahmad ibn Hanbal also prohibited baiʻ al-īnah because they both adhered to the arguments of sadd aż-żrīʻah,where baiʻ al-īnah contained elements of usury,engineering or manipulation to justify baiʻ al-īnah interest. In contrast,Imam al-Syafi'i allowed baiʻ al-īnah because buying and selling were halal (legal),and based on qiyas,the buying and selling model was in line with the law of buying and selling according to the Al-Qur'an. However,al-Syafi'i also prohibited baiʻ al-īnah if any hilah/manipulations occur. Second,Indonesia prohibits baiʻ al-īnah to be applied in Islamic Financial Institutions (LKS),except for one type of baiʻ al-īnah in an emergency case,the for transferring customer debts from Conventional Financial Institutions (LKK) to LKS. Meanwhile,in Malaysia,baiʻ al-īnah can be applied to Islamic financial institutions because Malaysia refers to the opinion of Imam al-Syafi'i. Despite that,Malaysia continuously evaluates the program and regulates baiʻ al-īnah to be applied cautiously. Baiʻ al-īnah in Malaysia is practiced in several Islamic products,including in Islamic credit card financing,home financing,gold transactions,and so on.
