The Application of the Principle of Sadd al-Dharā’iʿ in Regulating Contemporary Financial Contracts: Bayʿ al-ʿĪnah as a Case Study

توظيف قاعدة سدّ الذرائع في ضبط العقود المالية المعاصرة: بيع العِينة نموذجاً

Abstract

The doctrine of Sadd al-Dharā’iʿ (blocking the means) is a key principle in Islamic jurisprudence that plays a vital role in safeguarding the objectives (maqāṣid) of the Sharīʿah, especially within financial transactions. It is based on the idea that lawful means which are likely to lead to unlawful ends may be restricted in order to prevent harm and preserve the integrity of the Islamic legal and financial system. In contemporary Islamic finance, where increasingly sophisticated contractual structures and financial products have emerged, the significance of this principle has become even more pronounced. This study examines the application of Sadd al-Dharā’iʿ in modern Islamic financial contracts, with particular focus on Bayʿ al-ʿĪnah and similar riba-related arrangements. It analyses how certain contracts, while appearing Sharīʿah-compliant in form, may in substance function as legal stratagems (ḥiyal) that replicate the economic reality of interest-based lending. The discussion also highlights the classical juristic debate on Bayʿ al-ʿĪnah, particularly the majority position that disallows it due to its tendency to serve as a conduit to ribā, thereby justifying its restriction under the principle of blocking means leading to prohibited outcomes. Methodologically, the research adopts a qualitative analytical approach based on classical juristic literature, contemporary scholarly works, and resolutions of Islamic fiqh academies. The findings suggest that Sadd al-Dharā’iʿ is an essential evaluative framework for distinguishing genuinely Sharīʿah-compliant transactions from those that merely reproduce interest-based results through contractual structuring. The study concludes that a balanced application of this principle is crucial to ensuring both formal compliance and substantive adherence to the objectives of Islamic finance, particularly in preventing the circumvention of ribā through legal formality.