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The question

What is the ruling on a sale and repurchase agreement (repo) if the underlying asset is pure company shares or goods and commodities, and not interest-bearing bonds?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The sale and repurchase agreement (repo) is not permissible in Islamic law, even if the sold items are permissible shares, for several reasons:

1. Contradiction to the Contractual Purpose: The agreement that the seller will repurchase the sold item at a specified price contradicts the essence of a sale and renders the contract void. 2. Suspicion of Two Sales in One: Stipulating another contract (like a second sale) within the first contract invalidates the sale. This falls under the prohibition of "two sales in one." 3. Suspicion of Usury (Riba): Agreeing to sell shares and then repurchase them at a higher price the next day, with the difference being called "interest" and calculated as a percentage, resembles lending money with an increment, which is a form of usury (riba). It also falls under the category of Bay' al-'Inah.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
100854
Imported
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Source text, unreviewed
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