Tawarruq and its images in contemporary financial transactions.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The individual Fiqh Tawarruq, although the jurists differed in its ruling on two sayings, but the audience of jurists agreed on its permissibility: Because this is needed to pay a debt, marriage or otherwise, provided that the purchased item is not sold to its first seller, either directly or by means, the sale has occurred in the legally prohibited sample. As for banking Tawarruq, jurists disagreed in prohibiting it in two opinions, but it is more likely that organized banking Tawarruq is not permissible, and Professor Dr. Hussein Hamed mentioned the consensus of contemporary scholars on the prohibition of organized banking Tawarruqization because of its legal prohibitions, such as the sale of what it does not have; the lack of arrest of the goods sold; and the consequent entry into the forbidden Riba. The researcher tends to allow Fiqh Tawarruq because of its facilitation and filling the needs of people. The strength of the evidence of those who say it is permissible and that people have taken the use of Tawarruq as a means of obtaining criticism without falling into Riba, so the jurists have put in place controls for permissibility. Contrary to bank Tawarruq, it is not permissible because of its trick on Riba.

Keywords

Files

Share

How to cite

Statistics