تكييف التورق التمويلي : بين الحل و الحرمة

Abstract EN

Banking tawarruq has gained currency recently with most banks confining their transactions to tawarruq in developing and investing their assets.

Yet, relevant research papers submitted to fiqh academies differed on the permissibility of such transaction in a way that requires investigation towards reaching a proper categorization of it.

The present research engages this topic through an introduction on definitions, followed by a first section about the religious ruling on `inah sale, then a second on the ruling of finance-based tawarruq and the types of banking finances, while the conclusion contains key results and recommendations.

Among these results is that legalization of this form of tawarruq is based on essentially deeming it equal to individual tawarruq, while prohibition of it is grounded on categorizing it as a sort of `inah sale or a type of circumventing the forbidden riba, given that it may involve a sale of something that is not possessed and gaining profit without ensuring liability (in case of loss).