Analysis Of Erwandi Tarmizi’s Thinking About Gold Murabahah

Abstract

Currently, gold murabahah/gold buying and selling transactions are often paid in a non-cash way, either in taqsith (installments) or ta'jil (tough). This non-cash sale and purchase of gold have caused differences of opinion among Muslims, some allow it and some forbid it. This study aims to analyse how Erwandi Tarmizi's thinking and legal istinbath are related to gold murabaha. This study uses library research and a qualitative approach with the main source of Erwandi Tarmizi's book entitled Harta Haram Muamalat Contemporary. The results of the study indicate that Erwandi Tarmizi believes that buying and selling gold in cash is illegal. Meanwhile, the fatwa issued by the DSN-MUI regarding the permissibility of buying and selling gold in cash is based on a weak opinion, so it is not appropriate to use it to allow buying and selling of gold in a non-cash manner, because this can result in the opening of the practice of usury ignorance in society. In forbidding the sale and purchase of gold in a non-cash manner, Erwandi Tarmizi used the istinbath argument of sadd aż-żarīah law.