This research aimed at identifying the Islamic ruling regarding both types of Al-Tawarruq. The old “Tawaruq”, which was debated and agreed upon by ancient Islamic jurists and the new type of “Tawaruq” which is adopted by the banking systems today as an alternative to interest-based services. In addition, the research aimed to explore the fundamental nature and the main features of “Tawaruq” adopted by the banking systems and the one relevant to Islamic Fiqh.
To achieve this objective, the researcher analyzed the sayings and documents relevant to “Al Tawaruq” in Islamic Fiqeh objectively without prejudice. The research revealed that fiqeh relevant “Tawaruq” has many facets but the prohibited facet is the one which is associated with loan and an increase in the price of a sold commodity. Based on the analysis of relevant documents and evidences, the researcher showed that there are fundamental differences between “Al Tawaruq” adopted by the banking systems today and Fiqeh related “Tawaruq”. Consequently, the researcher concluded that the “Al Tawaruq” adopted by the banking systems is forbidden according to Islamic Fiqeh.
Key Words: Al Tawaruq, Islamic Fiqeh, Banking Systems
Abu Bakr, Maen Saoud
"The “Tawaruq” method as conducted by Islamic banks,"
UAEU Law Journal: Vol. 2014:
57, Article 6.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2014/iss57/6