Which transaction is preferable: negotiated sale or *Murabaha* sale?

Chapter on Selling the Musarrah (Animal with milk retained in udder)

Al-Mughni

Book of Sales

Book 12 · Issue 2 · Bab 5

Open in Qurani

Primary text

The negotiated sale (*musāwamah*) is considered easier and preferable to the *Murabaha* sale. This is because the *Murabaha* sale involves an element of trust (*amānah*) and reliance by the buyer, requiring the seller to fully disclose the situation in all specified aspects. There is a risk that personal inclination might lead to misinterpretation or error, resulting in potential risk (*khaṭar*) and uncertainty (*gharar*). Avoiding this path is safer and superior.