Is it permissible to exchange a correct dinar for dirhams with a person, take possession of both, and then immediately purchase Qirad (a type of partnership share) from that same person without prior agreement or artifice?

Chapter on Riba (Usury) and Exchange (Sarf)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 3

Open in Qurani

Primary text

It is permissible when conducted without prior agreement or manipulative intent. The ruling relies on the general legality of the exchange sequence provided there is no underlying agreement (Muwata'ah) indicating an attempt to circumvent usury laws.

Supporting text

Imam Malik held that if this transaction is done once, it is permissible, but if repeated frequently, it becomes impermissible because it resembles usury (Riba).