Konsep Ta'awun dengan Kamuflase Riba dalam Akad Jual Beli Ba'i Al'inah dan Tawaruq

Abstract

A buying and selling contract is an act that is consciously agreed upon by 2 parties, among the buying and selling that is permissible in Islam is a sale and purchase whose contract has been perfectly completed in one transaction so if there are 2 contracts in one transaction there is an element of gharar in it where there is uncertainty about the contract to be addressed then in this journal the researcher is very interested in ba'I al'inah in which there are 2 contracts which are mutually bound then the question arises in the mind of the researcher whether the sale and purchase is included in a sale and purchase which is gharar because there are 2 contracts in one transaction or if the transaction has been fulfilled in accordance with the legal requirements and has fulfilled the pillars of sale and purchase as the opinion of Imam Syafi'i in his opinion that allows the sale and purchase of 'inah but again there is something that is awkward about the transaction 'inah, namely the existence of an attachment or ta'alluq in muamalah where the first contract will apply because there is a second contract that must occur which in essence the sale and purchase aims to be in a debt contract with the pretext of ta'awun overriding If you call buying and selling, the profit from buying and selling is from 2 interrelated contracts whether it is included in an usury camouflage and whether the Taharuq contract can be a good way out where in this buying and selling transaction involves a third party then the research method used by researchers is with literature study, namely researchers collect and understand and study theories from various literature related to this research.