Tawarruq: in Islamic Banking and Finance

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TAWARRUQ IN ISLAMIC

BANKING AND FINANCE


PREPARED BY:

SAFIZAL BIN AZMI ZP00572


ABDULLAH BIN OMAR ZP00573
MOHD ZAWAVI BIN MUDA ZP00575
NOORUL AMALINA MOHD DAUD ZP00571
DEFINITION
 Tawarruq is defined in the terminology of the scholars - as buying
goods with a delayed payment and then selling it to other than the
seller [from whom one bought the goods] in order to obtain cash
money

 Tawarruq is an arrangement that involves a purchase of a commodity


or asset based on deferred payment basis by way of Murabahah – Bank
Muamalat, Malaysia

 Tawarruq means the purchase of commodity on differed payment basis


by way of either direct sales or cost plus sales. The commodity is then
sold for cash to a party other than the original seller – Bank Islam,
Malaysia
TAWARRUQ IN ISLAMIC LAW
 The definition of organised tawarruq is a contract to obtain
money according to the concept of tawarruq in Islamic law .
The contract is offered by the financial institutions to their
client that the financial institutions buy specific commodities
for immediate payment then offer the commodities to their
clients for deferred payment with extra sum. Then the
financial institutions offer to the clients to be agents, by
themselves of other agents, to sell the commodities again in
the markets for immediate payment. At the end the financial
institution credit the money in the clients’ accounts.
EXAMPLE
 For example, F (financial institution) buys 10 tons
of irons for $20,000,000 from the international
market, so 1 ton is for $2,000,000. Then, F offers to
C (clients) a ton of irons for $3,000,000 to be paid
by instalments within 10 years. When C bought the
irons, F offers to C to sell, by itself or another agent,
his irons in behalf of him in the international market
for $2,000,000, as F have bought it for. At the end F
credit $2,000,000 in the account of C.
CENTRAL BANK OF MALAYSIA
(BNM)
 Tawarruq is the means adopted by banks to lend cash
 Customer buys a commodity from bank from the bank
Asset based
under Murabaha which is then sold to third party for cash
Tawarruq at a lower price
Monetorisation of
 Customer obtains cash without taking an interest-bearing
commodity
loan
CONCEPT
 This method is permissible according to the majority of scholars, may
Allaah have mercy on them, but they differed somehow as regards its
name.

 For this sale to be acceptable, the buyer should fully possess the goods
before selling them for the second time, and the second sale should be
separate from the first sale

 Furthermore, one should not sell the goods to the person from whom one
bought them in principle if the cost of the goods is lesser than the price
he bought them from him.
CITATION
 These conditions are based on evidence. 'Abdullaah Ibn 'Umar, may Allah be
pleased with him, narrated that the Prophet (pbuh), prohibited selling the
goods unless one has fully taken possession of it beforehand. [Abu Daawood].

 The Prophet (pbuh) said: "It is prohibited to give a loan with a condition that
the debtor buys goods from the lender; two conditions in one sale (like having
two prices one in cash payment and another in the delayed payment) are also
prohibited, and one is not permitted to benefit from any goods unless it
becomes fully in his possession and he can guarantee, and one is not permitted
to sell what he does not own." [At-Tirmithi] Imaam Muslim
DIFFERENCE BETWEEN BAI’ `INAH
AND TAWARRUQ
BAI’INAH TAWARRUQ

Bai’ `Inah is a series of sales Tawarruq is a series of sales


where a person sells a good to where a person sells a good to
another person on another person on
credit and then the latter credit basis and the latter sells
subsequently sells back the the purchased goods on cash to
goods to the former on another third
cash basis at price lower than the party who is not the former
initial credit sale
ILUSTRATION
 The client— the mutawarriq—buys X on deferred payment from the IFI and
sells X for a cash amount less than the deferred price to a third party.

 Also tawarruq enables IFI to guarantee a predetermined percentage rate of


return to its term-depositor, buying XX from him/her on deferred payment then
selling XX for cash, the deferred payment being larger than the cash price.

 Every tawarruq transaction creates a debt. Furthermore, the debt a tawarruq


transaction creates is invariably larger than the cash it transfers to the client-the
mutawarriq, in the first case, and to the IFI in the second case (mediated in both
cases by another transaction)
STAGE OF TAWARRUQ
 Murabaha Stage: The bank and the obligor/customer enter
into a commodity Murabaha contract that is governed by
the Murabaha rules of the Shariah Supervisory Board. The
customer will own either physically or constructively the
assets subject of the Murabaha contract

 Asset liquidation stage: Customers can choose either to


sell/liquidate the commodity directly  in the market on his
own or through an agency agreement through the bank
HOW DOES IT WORKS?
 Generally speaking, Tawarruq is allowed for those transactions that cannot
be fulfilled through other Islamic Banking means/structures, such as:

 Transferring obligations from a conventional debt structure to Islamic


Banking structure
 Working capital finance (Salaries, A/R settlement, adhoc cash shortages)
 Financing intangible personal necessities: Travel (for legitimate purposes),
Medication, Education and House / real estate maintenance cost

 Bridging short term financing, followed by long term financing using other
Islamic Banking Structures (Ijarah, Murabaha, Istisna)
APPLICATION IN MALAYSIA
Deposit Product and Financing based on Tawarruq
 Islamic financial institution made a proposal to offer deposit product and financing based on the
concept of tawarruq or commodity murabahah
 In brief, the mechanism of deposit murabahah commodity involves the following
transactions:
i. The customer (depositor) appoints bank as an agent to purchase metal commodity from metal
trader A seller on cash basis in an established metal commodity market;
ii. The bank will thereafter purchase the metal commodity from the customer on a deferred sale at
a cost price plus profit margin;
iii. Next, the bank will sell back the metal commodity to metal trader B in the metal commodity
market.

(CENTRAL BANK OF MALAYSIA [BNM])


EXAMPLE
Bank Islam Card - Gold & Classic Card-i

Product Features
 Brand  MasterCard & Visa
 Contract  Tawarruq
 Contract Period  3 years
 Joining Fee  No joining fee
 
Profit Rate 13.5% to 17.5%  per annum
EXAMPLE
Features of Bank Islam Gold & Classic Card
 Based on the Shariah contract that is free from ‘Riba’ and ‘Gharar’
 Tenure of contract is 3 years
 Profit margin is fixed for the whole tenure
 Accept transactions from “HALAL” merchant only
 Financing limit offered is at par with that offered by other card issuers
 Worldwide recognition
 Latest SMART Chip Technology

Privileges of Bank Islam Gold & Classic Card


 Annual fee waiver for the whole contract, subject to a minimum of 12 transactions per annum
 No compounding elements
 Competitive cash withdrawal fee. A withdrawal fee of 2.5% of the cash withdrawal or RM12(whichever
is higher). Card members can also perform cash withdrawal up to 50% of financing limit
 Complimentary Group Family Takaful coverage (up to RM100,000) and funeral expenses of RM1,000
for principal cardholders for the whole period of contract.
 Zakat payments acceptance
THANK YOU

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