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Tawarruq application in Islamic banking: a review of the literature
Nasrun Mohamad, Asmak Ab Rahman,
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Nasrun Mohamad, Asmak Ab Rahman, (2014) "Tawarruq application in Islamic banking: a review of the
literature", International Journal of Islamic and Middle Eastern Finance and Management, Vol. 7 Issue: 4,
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pp.485-501, https://doi.org/10.1108/IMEFM-10-2013-0106
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Abstract
Purpose – This paper aims to present the results of a comprehensive literature review with regard to
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the application of Tawarruq in the Islamic banking system covering the period between 2011 and
before. The review aims to synthesize the previous research, capsulize the structural overview
inasmuch as future research might be oriented and identify the gaps and direction for future research.
Design/methodology/approach – A range of published and unpublished documents was collated
and filtered based on the defined rules to identify the determinants of the writing. The documents were
then be classified into few segments in which content analysis was conducted to capsulize the essence
of the subject matter described in the literature.
Findings – The analysis demonstrates that most of the studies discussed the fundamental theories
which concerning the area of jurisprudence, while a few of them did discuss the application aspect in the
banking environment. However, none of the operational process is discussed in-depth, whereas the risk
of Shari’ah non-compliance might arise in the detail transaction.
Research limitations/implications – The databases used in the search might not contain all the
documents that could be relevant for the review. Furthermore, the defined-rule for document searching
and selection excluded the out-of-scope documents that might be relevant.
Originality/value – This paper identifies the gaps that become apparent in the literature in assisting
researchers to ascertain the interesting areas as well as the direction for future research.
Keywords Literature review, Islamic banking, ‘Inah, Cash liquidity, Tawarruq
Paper type Literature review
Introduction
Tawarruq is one of the Shari’ah-compliant modes used for cash-based financial instruments
due to the nature of the tawarruq mechanism, that is, to provide cash liquidity. Therefore, the
concept suits most of the facilities provided by conventional banking, such as deposit, loan,
bond and money market instruments. This mode of cash-based instrument, which is widely
known in the Gulf Region, has recently become popular in Malaysia as an alternative to bay’
al-‘inah, which was adopted in the early days.
Hitherto, ‘inah was widely used in Malaysia and South East Asian countries to
provide cash liquidity. In the setting up of an Islamic banking system, an instrument is
required to compete with conventional banking that deals with riba-based lending,
which is prohibited by Shari’ah. Hence, ‘inah became the preferred mode to fulfill this
International Journal of Islamic and
need. Nevertheless, the application of this principle was later cast in doubt, as ‘inah has Middle Eastern Finance and
been prohibited by the majority of the fiqh scholars. Management
Vol. 7 No. 4, 2014
Due to market forces and the dynamism of the Islamic finance industry, tawarruq pp. 485-501
was introduced in Malaysia as an alternative to the existing ‘inah. Hence, the © Emerald Group Publishing Limited
1753-8394
controversial issue of ‘inah, especially in the operational aspect, must be addressed. DOI 10.1108/IMEFM-10-2013-0106
IMEFM However, the application of tawarruq in modern banking has also become debatable due
to the element of riba or so-called legal stratagem.
7,4 The research on tawarruq has recently received attention in which the issues arising
from the application of tawarruq in the Islamic banking system were discussed among
Shari’ah scholars following the fatwas or resolutions issued by the authorized fiqh
bodies. The prohibition of the tawarruq mechanism in modern banking by the latest
486 collective Shari’ah ruling of the Organisation of Islamic Cooperation (OIC) Fiqh
Academy has affected the Islamic banking industry by positioning the tawarruq
application as having a high risk of non-compliance with Shari’ah.
Tawarruq can be defined as an act to buy the commodity by a person (mustawriq) on
a deferred basis, and then sell it with a lower price on a cash basis to someone else other
than the initial seller to acquire cash (Wizarah al-Awqaf wa al-Shu’un al-Islamiyyah,
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1983). Contemporarily, the concept is used to underlie various Islamic banking products
where the mustawriq is either the bank or the customer who desires cash, and the bank
is always an agent (on behalf of the customer) to perform the sale or purchase
transaction with a commodity broker.
This paper presents the results of an extensive literature review of the tawarruq
application in Islamic banking covering the period between 2013 and before. The review
aims to synthesize the content of the previous research, capsulize a structural overview
of the literature and identify the gaps to which future research might be oriented.
The paper is structured as follows. The first section discusses the conducted
approach of the literature review. Subsequently, the segmentation of previous studies on
tawarruq matters is presented. The next section discusses the content description of
each segment. Finally, the review summarizes the literature, clarifies the limitations of
the research methodology and identifies the gaps.
• Tawarruq, as a side topic, which does not fall under either of the categories above,
for example, research conducted on Islamic finance or banking but does mention
tawarruq as part of the whole structure of the Islamic banking concept is excluded
from this review.
The defined rules will be used to scope the required documents, which are limited to the
format of books, journals or peer-reviewed articles, other types of article that are written in
the academic format, such as conference papers, and also dissertations or theses. Hence, only
documents that fall under these rules will be selected for review.
Additionally, the descriptor “Tawarruq” (in Arabic) was used for sites provided in Arabic.
The library catalog is the tool that is used to locate the documents held by higher
education institutional libraries. The institution is filtered by offering courses or
faculties that relate to Shari’ah, economics, finance, accounting or business
management. In this review, the search is done via accessing the Online Public Access
Catalog (OPAC), subject to its availability, which is provided for external networks. The
filtered lists of the institutions that are used for this mode are as follows:
• thirty-three out of the 65 Malaysian universities and universities colleges;
• sixty-one of the 315 OIC universities, which are ranked based on published articles by
the Statistical, Economic and Social Research and Training Centre for Islamic
Countries (SESRTCIC); and
• the ten top world universities ranked by QS Top Universities.
The document content made available during the search was downloaded from the
respective database either in a full text, partial text or abstract. The documents were
then compiled and the title indexed for easy reference.
Documents that it was not possible to retrieve online were obtained via services
provided by selected libraries, as follows:
• Main Library, UM.
• Islamic Studies Library, UM.
• Tun Seri Lanang Library, National University of Malaysia.
• Dar al-Hikmah Library, International Islamic University Malaysia.
• Knowledge Management Centre, International Centre for Education in Islamic
Finance.
• Knowledge Management Centre, Islamic Banking and Finance Institute Malaysia
Sdn. Bhd.
In addition, where information was not able to be fetched from a database or library
services, the author of the document was contacted via email to clarify the required
information, as the document is part of the scoping.
With all the steps taken, we believe that we have accessed all the literature in this
area. Even if it is not fully covered, the scoping is sufficient for this literature review, as
it did cover the significant areas of the subject matter.
Tawarruq
Figure 2.
IMEFM corporate financing, credit card and other types of financing, while the money market
domain was also discussed in another study.
7,4 Finally, the segment of IFIs describes the case study that has been conducted in
several Islamic banks where the subject matter has been used to underlie some Islamic
products. All these studies were written by Malaysian students in their dissertation,
which cover Islamic banks in Malaysia or the Kingdom of Saudi Arabia. In addition, the
490 CMP paper briefly discusses the application of Tawarruq by Bank Negara Malaysia
(BNM) (2001), and some writings discuss the commodity market platform provided by
Bursa Malaysia, i.e. Bursa Suq al-Sila’ (BSAS) and Jakarta Future Exchange (JFX)
Shari’ah Indonesia.
Overall, the scope of coverage for previous studies of Tawarruq that had been
conducted can be summarized as per Tables I-III.
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Content analysis
This section briefly summarizes the literature content of each segment. The conducted
analysis tries to capsulize the essence of the subject matter described in the literature to
simply conclude the assumption for each segment.
Fundamental theory
As mentioned earlier, most discussion surrounds the verdict of tawarruq under this first
segment. With regard to this, the verdict can be divided into parts, i.e. tawarruq that was
discussed in the early days, as mentioned in the fiqh treatise, namely, Tawarruq al-Fiqhi
or Classical Tawarruq and Tawarruq, which is applied in the modern banking, namely,
Tawarruq Munazzam or Organized Tawarruq. The mechanism of both types is as
follows Table IV:
The difference between both mechanisms is the existence of the arrangement to resell
the commodity by the bank in the modern application via a wakalah contract. This
evolvement is required, as the bank’s customer does not have the capability to do so.
Hence, the component becomes debatable inasmuch, as it influences the scholar’s
decision on the verdict of tawarruq, in particular the international fiqh councils’.
In this regard, the council of al-Majma’ al-Fiqhi al-Islami bi Rabitah al-‘Alam
al-Islami in its 17th meeting held in 2003 has resolved that the Tawarruq arrangement
which is being practiced by the Islamic banks is not permissible due to the issue of
fictitious commodity possession and enforcement of wakalah (al-Majma’ al-Fiqhi
al-Islami bi Rabitah al-‘Alam al-Islami, 2003). Prior to that, the council in its 15th
meeting held in 1998 resolved that the Tawarruq principle is permissible, as the original
ruling of trade is permissible (al-Majma’ al-Fiqhi al-Islami bi Rabitah al-‘Alam al-Islami,
1998).
In 2006, Accounting and Auditing Organization for Islamic Financial
Institution-AAOIFI’s Shari’ah Board resolved several Shari’ah considerations in
Tawarruq arrangement that is practiced by Islamic banks where the adaptation of
Tawarruq principle is subjected to strict controls and restrictions. The resolution is then
adopted into the AAOIFI Shari’ah Standard No. 30 (AAOIFI, 2010). Consequently in
2009, under the auspices of al-Majma’ al-Fiqhi al-Islami bi Rabitah al-‘Alam al-Islami’s
resolution and backed with several research papers, the council of Majma’ al-Fiqh
Fundamental
Tawarruq
theory Category Author(s) application in
Verdict of tawarruq Book/book chapter Mahmud Muhammad (2010), al-Abidi (2008), Ab. Islamic banking
Mumin Ab. and Ahmad Sufyan (2006), Rashidi
(2005), al-Salus (2005)
Journal/article Asyraf Wajdi et al. (2013a), 2013b,
Abd al-Rahman (2009), Asmak Ab et al. (2010),
491
Asyraf Wajdi (2010), Azman Mohd and Nur Farhah
(2010), Haytham (2010),
al-Khayyat (2009), ‘Abd al-Rahman (2009),
al-Haddad (2009), al-Salus (2009), Hana’
al-Haniti (2009), al-Shazili (2009), Hussain Kamil
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al-Islami al-Duwali in its 19th meeting has resolved that the organized Tawarruq is
prohibited (Majma’ al-Fiqh al-Islami al-Duwali, 2009).
In summary, almost all contemporary scholars permit Classical Tawarruq, while the
majority of them prohibit Organized Tawarruq due to the issue of legal stratagem, i.e.
gaining money for money where the essence of the prohibition is similarly ruled for Bay’
‘Inah. The Shari’ah ruling for both tawarruq types is as follows Table V.
The verdict of tawarruq was discussed in all the literature either in-depth or briefly.
Hence, it is deemed as a core element of the subject matter, as the decided ruling will
formulate the application in the Islamic banking system, which is discussed in the other
two segments.
IMEFM Banking domain/product Category Authors
7,4
Money/capital market Journal/article Asyraf Wajdi (2007), Azman Mohd and Nur Farhah (2010);
Dissertation Nur Farhah Mahadi (2010);
Corporate financing Dissertation Nur Farhah (2010);
Personal financing Journal/article Asmak Ab et al. (2010);
Dissertation Mohd Irwan Kamil (2009), Iman (2009);
492 Credit card Dissertation Rafidah Mohd (2009);
Car financing Dissertation Khudri (2009);
Table II. Property financing Dissertation Khudri (2009),
Scope of coverage – Nur Farhah (2010);
banking domain/product Share financing Dissertation Khudri (2009);
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In addition, in some of the literature, the verdict of fund received and used in the
commodity trading is discussed, which also relates to tawarruq, Shari’ah methodology
in dealing with tawarruq and other minor topics, such as practices, issues and
workaround solution. Generally, these are the interrelated topics to the segment of
fundamental theory which has been conceptually discussed.
Banking domain/product
This segment describes how the subject matter is conceptually applied in the banking
and financial system. Most discussion surrounds the financing domain in which the
financing facility granted by the bank to the customer is underlain by the tawarruq
Classical tawarruq Organized tawarruq
Tawarruq
application in
Modus operandi
al-Mustwariq buys the commodity from someone Customer (al-mustwariq) buys the commodity Islamic banking
on a credit basis with the price higher than the from bank (al-mumawwil) on credit basis with
cash price arrangement of bank as agent (wakil) to resell
al-Mustawriq sells the commodity to someone else the commodity
(third party) on a cash basis with cash price (lower Bank sells the commodity on behalf of
493
than credit price) to acquire cash customer to third party on cash basis
Bank gives cash proceeds from the sale to the Table IV.
customer Classical vs organized
tawarruq mechanism
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Classical view
Permitted by the majority of scholars due to involvement Not applicable
of third party, which makes the trading permissible and (Evolution occurs in the modern age of
not considered as hilah, regardless of the higher price in Islamic banking)
deferred sale.
Prohibited (or reprehensible) by some scholars due to ‘illah
of gaining money with money (darahim bi darahim),
which is considered as hilah, regardless of the involvement
of third party
Contemporary view
Same view as the majority of classical fiqh scholars, i.e. Prohibited by the majority of scholars
permissible due to the involvement of third party, which due to bank appointment as agent
is not considered as hilah (wakalah) is considered as hilah,
whereby the trading transaction is
fictitious and unable to fulfil the
possession requirement, and has
similarity with ‘inah.
Permitted by some scholars under the
basis of classical tawarruq, in which
each of the transactions, including
wakalah, is valid and fulfils the Table V.
Shariah requirement Classical vs organized
tawarruq verdict
concept. Some of the discussions also talk about money market activities using this
concept.
The essence of the application of the subject matter is for cash liquidity. For any
banking product that requires cash-based dealing, tawarruq could be the most suitable
concept to fulfill the needs. As the cash proceeds are obtained as a result of commodity
trading in the tawarruq transaction, the concept is keenly used in the financing domain
and is similar to the cash supply by conventional lending.
IMEFM In corporate financing, a huge amount of cash is required to fund the working
capital, asset acquisition and other purposes. For asset buying, other concepts such
7,4 as Bai’ Bithaman Ajil, Bai’ Murabahah or Istisna’ can be the alternative, but not
cash injection for working capital or similar purposes. The same principle goes for
personal financing where there is no involvement of asset financing. Nevertheless,
asset-based financing is likely to use this concept, as it provides a clean-cut process
494 and is able to avoid any regulatory procedure and condition pertaining to the asset
where applicable.
A minor topic under this segment concerns the money market mechanism where
the process involves interbank fund transactions that use tawarruq as the
underlying concept. This program, namely, Commodity Murabahah Programme
(CMP) was introduced by Bank Negara Malaysia (BNM) (2010), the central bank of
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Malaysia. Basically, this program intends to balance the interbank surplus and
deficit of cash liquidity, especially the Islamic banks.
Conclusion
Summary of the literature
The literature review discussed in this paper demonstrates that most of the studies
discussed the fundamental theories, especially those concerning the area of
jurisprudence of the concept. A few of the studies discussed the application of
tawarruq in the banking product and the operational aspect of its implementation;
the fundamentals of the concept were discussed in the first part.
Therefore, it can be said that the Shari’ah ruling or verdict of the concept is a core
element to articulate the application in the Islamic banking system. Any
jurisprudent decision that is made will formulate the structure of the banking
product, and, subsequently, the operational aspects of the product implementation.
Based on the results of the review, contemporary scholars agree that the classical
Tawarruq is permissible. However, there is disagreement concerning organized
Tawarruq, which is widely applied in the current Islamic banking system. Hence, Tawarruq
any Shari’ah resolution issued by the authorized bodies might impact on the
operational aspect of the Islamic banks where the tawarruq principle underlies the
application in
banking product and the transaction shall abide by the issued ruling. Islamic banking
The abovementioned summary was described within the defined scope or
coverage, which still comprises limitations. However, the scoping of the main areas
has been covered in this literature review, and the results of the review are sufficient 495
to address the core aspect of the subject matter.
the selective processes were conducted in searching for and locating the relevant
documents, the results of the review might be restricted by certain limitations as
distilling the literature of the subject matter is a complex task.
The main limitation pertains to the databases used in the search (as mentioned
earlier), as they might not contain all the documents that could be relevant for the
review. Furthermore, the defined-rule for document searching and selection
excluded the out-of-scope documents that might be relevant.
Nevertheless, the applied method is assumed to cover the significant aspects of
the subject matter. However, the possibility that relevant work has appeared
elsewhere, which is not covered under this review, is not denied.
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transaction as offered by bursa Malaysia: a critical analysis from fiqh perspective”, paper
presented at the Langkawi Islamic Finance and Economics International Conference, Tawarruq
Langkawi, 13-15 December.
Bank Negara Malaysia-BNM (2001), “Guideline on best practices for the management of credit
application in
risk for development financial institutions”, available at: www.bnm.gov.my/ Islamic banking
index.php?ch⫽18&pg⫽55&ac⫽584 (accessed 21 September 2011).
Bank Negara Malaysia-BNM (2010), Shariah Resolution in Islamic Finance, 2nd ed., Bank Negara
Malaysia, Kuala Lumpur. 499
Engku Rabiah Adawiah Engku, Ali (2008a), “Bay’ al-‘Inah and Tawarruq: Mechanisms and
Solutions”, in Mohd Daud, Bakar and Engku Rabiah Adawiah Engku, Ali (Eds), Essential
Readings in Islamic Finance, Cert Publication, Kuala Lumpur, pp. 133-165.
Engku Rabiah Adawiah Engku, Ali (2008b), “Penggunaan Dana Hasil Penstrukturan Islam Pada
Aktiviti Tidak Patuh Syariah: Suatu Komentar”, paper presented at the Muzakarah
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Further reading
al-Mawsu’ah, al-Fiqhiyyah (1988), “Tawarruq”, 2nd ed., al-Mawsu’ah al-Fiqhiyyah, Vol. 14,
Wizarah al-Awqaf wa al-Shu’un al-Islamiyyah, Kuwait, p. 147.
Bank Negara Malaysia-BNM (2014), “Commodity Murabahah Programme”, available at: http://
iimm.bnm.gov.my/index.php?ch⫽4 (accessed 19 September 2011).
Garg, A. and Deshmukh, S.G. (2006), “Maintenance and management: literature review and
directions”, Journal of Quality Maintenance Engineering, Vol. 12 No. 3, pp. 205-238.
Karl Henrik Sivesind (1999), “Structured, qualitative comparison”, Quality & Quantity, Vol. 33,
pp. 361-3.
Ngai, E.W.T. (2003), “Internet marketing research”, European Journal of Marketing, Vol. 37 Nos
1/2, pp. 24-49.
Rowley, J. and Slack, F. (2004), “Conducting a literature review”, Management Research News,
Vol. 27 No. 6, pp. 31-39.
About the authors Tawarruq
Nasrun Mohamad serves as a Shari’ah Risk Manager at the al-Rajhi Banking & Investment
Corporation (M) Bhd. He is currently an MA candidate at the Academy of Islamic Studies, UM. application in
Nasrun Mohamad is the corresponding author and can be contacted at: nasr.ghazali@gmail.com Islamic banking
Asmak Ab Rahman serves as a Senior Lecturer at the Department of Shari’ah and Economic,
Academy of Islamic Studies, UM.
501
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1. Muhammad Bilal Zafar, Ahmad Azam Sulaiman. 2018. Corporate social responsibility and Islamic banks:
a systematic literature review. Management Review Quarterly 22. . [Crossref]
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3. Sirajo Aliyu, M. Kabir Hassan, Rosylin Mohd Yusof, Nasri Naiimi. 2016. Islamic Banking Sustainability:
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[Crossref]
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