Bay Inah Al Dayn Analysis

MALAYSIA PERSPECTIVE REGARDING PERMISIBILITY OF BAY AL INAH AND BAY AL DAYN
Even the permissibility of bay inah and bay dayn still on controversy, this issues should not be continuous and give a big effect for financial system industry overall. Most of the jurist give an opinion based on their understanding into fiqh Islamic. The arguments that are giving by the scholar are different since they are interpret the evidence that they are found in different ways. Besides that, didn’t have any clear evidence that are mention about the prohibited of al inah and al dayn. What we mean is, the prohibition of inah and dayn not express directly in any verse either in primary or secondary sources. So, we are cannot easily make a judgment toward this
Malaysia and Brunei as we know is the only two countries that are used inah contract that are been develop and specialized into financial market or financial institution. It is can be said that Malaysia is to open in introduced their instrument to the stage of global finance. Sometimes, have some question that are arising related with the instrument that are offer by Malaysia. It is the instrument that are used and develop by Malaysia is really shariah compliant? Or it is just a shariah based, in other word form over substance. The appearance is nice and good but when look inside it is otherwise. And it also look like Malaysia accept every contract without reject any matter. It is
This is because doing of haram is not allowed except in cases of necessity and no one has the right to perform beyond he limit of necessity permitted under haram” (Al-Burnu, 1997). The others maxim that are related with above maxim is “Yukhtaru Ahwan Al- Sharrayn” mean choose the lesser of two evils. If the harm/evil are in different levels of magnitude then the lesser one must be chooser and take into consideration because to undertake a prohibition is not allowed except in the case of indispensability and indispensability is not superfluous. (Al-Burnu,