King Henry VIII and Tawarruq

King Henry VIII was a controversial figure. Her desire to have more than one wife became one of the triggers breakdown of relations with the British empire of the Roman Catholic church. King Henry VIII finally married his wife six people who have their own unique character. Catherine of Aragon, received the nickname The Traitor (the Betrayed Wife), was the first wife. Anne Boleyn, second wife, nicknamed The Seducer (The Temptress).
Became his third wife Jane Seymour, was named Woman Good (The Good Woman). Anna Cleves was the fourth wife who was nicknamed The Bad (The Ugly Sisters). Katherine Howard, the fifth, dubbed the Evil (The Bad Girl). Finally, Catherine Parr, dubbed the figure Motherhood (the Mother Figure).

Another trigger poking out when King Henry VIII in 1545 to allow interest money though still forbids riba with interest requirement should not be doubled, ie not more than eight percent. In 1547 John Calvin in Geneva also provided that allows the interest money is not more than five percent. In fact, when it was the Roman Catholic church still forbids usury and does not distinguish it with interest money.

Recently hundreds of years later the Vatican tolerates permissibility of 1822-1836 interest money. Hundreds of years longer to tolerate a banker as a lawful profession, precisely in 1950 when Pope Pius XII approved the banking system.

Allowing a haram with a time limit in certain circumstances and can be a wise attitude. In fiqh rules became known when a state law became a narrow area, when a state law became a narrow area.

In circumstances in the narrowest of terms fikihnya called an emergency, it is an unclean can be allowed. However, if this lasts longer then a will be halal haram for all.

Murabaha is known in the books of fiqh in fact nothing more than a transaction with the seller selling goods to mention the amount of profits taken. Ribhi (fortunately) to the root word of murabahah. What is currently implemented in Islamic banking is actually more than just murabaha referred to in the book of fiqh.

Murabahah in the Islamic bank is the series of transactions beginning with the bank to buy the goods in cash, in installments and then sell them to customers by stating the amount of profits taken by the bank. In practice often murabahah in the Islamic bank is also equipped with wakalah contract in which sharia banks appointed as representatives of bank customers into buying goods needed. In fiqh circuit according to sharia although this contract does not exactly match the existing simple murabaha in the book of fiqh.

The Book of Jurisprudence as well recognize that similar transactions murabaha, but the reverse murabaha payment methods. His name tawarruq. In the book of fiqh, tawarruq no more than a transaction to buy goods on an installment basis with a more expensive price and then sell them for cash to a third party with a cheaper price. At first glance appear to conflict with the business logic.

Normally people buy cheaply and then sell it at higher price. Profits arising from that difference. In tawarruq happens in reverse. Buying a more expensive price in installments and then sell it at higher price in cash.

In the business logic tawarruq although the selling price is lower than the purchase price, the seller can immediately receive a cash payment. Almost all the books of fiqh allows tawarruq transactions, except Ibn Taymiyyah and Ibn Qayyim of the school of Hambali.

What is currently implemented at overseas Islamic bank actually much more complex than just tawarruq known in the book of fiqh. A sharia bank in cash to buy goods (eg 100) for sale to the Islamic bank B with a higher price (eg 110) in installments. Later, Islamic bank B will sell more to other parties with a lower price (eg 100) in cash. This example of the simplest tawarruq Islamic bank overseas.

Tawarruq in Islamic bank financing is actually a series of transactions. First Islamic bank transaction A purchase of goods in cash. Second, the Islamic bank transaction B bought in installments from the Islamic bank A (for 110) to then sell to other parties in cash (worth 100). In practice often tawarruq in Islamic bank financing is also equipped with wakalah contract, in which the Islamic bank to be as representative of the customers in buying goods needed.

In another variation, a representative of Islamic bank in the sale. In another variation, a representative of Islamic bank in buying as well as representatives in selling. Even in practice there are also Islamic bank which provides certainty of profits over a series of such transactions.

Financing tawarruq popular overseas has not come to Indonesia because it did not get approval fatwa. Some Islamic banks that wish to offer these products have to postpone his plans.

Tawarruq indeed controversial. Not because tawarruq does not comply with sharia, but because its application is not in accordance with the spirit tawarruq known in the book of fiqh.

Indonesian opinion of the scholars in this apparently received strong support from scholars abroad. After walking tawarruq products and become popular overseas, eventually the International Islamic Fiqh Academy, the world body formed by the Organization of Islamic Conference (OIC), April 2009 ban on Islamic financial institutions to finance tawarruq.

Such confusion ensued antarekonom. Although Adam Smith, Ricardo, Marshall, Wicksell, Keynes clearly distinguish between the rate of profit (rate of profits) generated by the industrial sector and the interest rate (rate of interest) generated by the financial sector, confusion still rife.

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