Realiti yang berlaku ialah, pemohon pembiayaan cuma ikut sahaja arahan pegawai bank, “Sign sini cik, sini dan sign sini…”. Pemohon pula tanya, “bila wang dapat?”
Tidaklah dia tahu apa yang dia beli, apa yang dia jual, bahkan kerap kali pegawai perbankan Islam tidak tahu apa yang berlaku. Yang dia tahu, perlu ada dokumen yang cukup.
Namun hakikat sebenar yang berlaku pada kebanyakan perbankan Islam tempatan di Malaysia ialah Tawarruq. Apabila seseorang itu ingin dapatkan pembiayaan peribadi, dia akan pergi ke bank. Bank Islam tidak menawarkan pinjaman.
1. Dia pergi ke bank untuk membeli komoditi, biasanya Minyak Sawit Mentah. Bank menjual Minyak sawit mentah (Crude Palm Oil -CPO) ini kepadanya dengan harga ansuran, dibayar dalam tempoh 10 tahun. Contohnya RM15000 selama 10 tahun bayaran.
(Bank tidak simpan stok CPO, bank cuma beli CPO ini setelah pelanggan sign borang setuju nak beli CPO. Bank akan beli daripada broker di Bursa Suq Sila’)
2. Pelanggan kemudian menerima sijil hak milik minyak sawit mentah ini. Oleh kerana komiditi ini sudah jadi milikknya, pelanggan ada pilihan, sama ada nak tunggu lori hantar minyak sawit ke rumah (sudah tentu ada kos tambahan), atau jual kepada mana-mana broker CPO di Bursa.
3. Oleh kerana pelanggan tidak mahukan CPO, tapi mahu duit, dia perlu menjual semula CPO ini kepada broker. Oleh kerana pelanggan tidak ada akses direct kepada Bursa, maka pelanggan mengarahkan pihak Bank supaya wakilkan dia jual kepada broker.
4. Lalu pelanggan tadi jual minyak sawit kepada broker dengan harga tunai sebanyak RM10000. Wang RM10000 hasil jualan minyak sawit tadi bank masukkan ke dalam akaun pelanggan tadi.
Inilah yang dinamakan kaedah Tawarruq. Beli ansuran daripada pihak lain dengan harga mahal, kemudian jual cash kepada pihak ketiga dengan harga lebih rendah.
Dalam konteks hukum fiqh, ada khilaf ada pro dan ada kontra. Namun setakat ini, ini sahaja alternatif yang boleh dilakukan untuk disediakan agar muslim tidak terperangkap dengan bank konvensional.
(Nak bahas yang ini memerlukan satu artikel panjang, boleh baca artikel lama saya tulis sekitar tahun 2005 dalam buku Dinamisme Kewangan Islam di Malaysia. Waktu itu kontrak Tawarruq belum diperkenalkan di Malaysia.)
Cuma nasihat saya kepada pekerja-pekerja perbankan Islam yang buat financing, ceritalah kepada pelanggan bahawa mereka sedang beli minyak sawit mentah. Biar mereka tahu dan sedar. Jangan sekadar, sign sini sign sana, tak sedar apa yang dia beli, apa yang dia jual. Penat-penat Shariah Officer buat dokumen, Shariah Advisor semak lagi, baiki sana sini.
Mungkin perbankan Islam yang buat tawarruq kena tunjuk gambar Minyak Sawit Mentah yang pelanggan akan beli kot 😀 😀 baru jelas.
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