IMPLEMENTATION OF THE TAWARRUQ FINANCING SYSTEM IN INDONESIA’S POSITIVE LAW

Inggrid Istami, Djumardin, Kurniawan

Abstract:

Tawarruq is a type of financing based on Islamic law. Tawarruq is a form of sale and purchase agreement involving three parties. That is when the owner of the goods sells the goods to the first buyer with a credit / installment payment system, and then the first buyer sells the item back to the second buyer (not the original owner of the item) with a cash payment system. In other words, the first buyer gets financing from the sale of goods. The implementation of the Tawarruq still contains pros and cons. There are scholars who allow this financing as long as the implementation does not contain usury. Some scholars say that Tawarruq is haram. Indonesia itself does not implement the Tawarruq system, but only adapts and modifies it then writes it in the DSN Fatwa No. 82 / DSN-MUI / VIII / 2011 concerning Sharia Commodity Trading on the Commodity Exchange.

 

Keywords: tawarruq, financing system, positive law

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