The value of currency of a country with this other country changed (fluctuating) every time in accordance with the volume of the request and his bargaining. The existence of the request and this bargaining that caused the currency transaction. That obviously only the exchange of different currency thought. In his book Prof. Drs. Masjfuk Zuhdi that was entitled MASAIL FIQHIYAH; Kapita Selecta Hukum Islam, was received that Forex (the Trade in Foreign Currency) was permitted in the Islam law.
The Islam LAW in the VALAS TRANSACTION
1. There was Ijab-Qobul: --- > had the agreement to give and menerima
• Penjual handed over the thing and the buyer paid cash.
• Ijab-Qobulnya was done orally, the article and the envoy.
• Pembeli and the seller had the authority was full m. elaksanakan and did tindakantindakan the law (mature and thoughtful healthy)
2. Filled the condition to the object of the trade transaction that is:
• Suci goods (not excrement)
• Dapat dimanfaatkan
• Dapat diserahterimakan
• Jelas the thing and harganya
• Dijual (was bought) by his owner personally or his power with the premission of pemiliknya
• Barang has been ditangan him if goods were received with the repayment
Must be added by the opinion of Muhammad Isa, that the trade in the share was permitted in the religion.
"Don't you bought the fish in water, because actually the trade like that contained the deception". (Hadis Ahmad bin Hambal and Al Baihaqi from Ibnu Mas'ud)
The trade in the thing that not in the place of the transaction was permitted with the condition to have to be explained by his characteristics or his characteristics. Afterwards if the thing in accordance with the seller's information, then legal his trade. But if inappropriate then the buyer had the right khiyar, meaning that might continue or cancel his trade.
This in accordance with hadis the story Prophet of Al Daraquthni from Hurairah Ash:
”Barang whoever bought something that he did not see him, then he had the right khiyar if he saw him.
The trade in results planted that still was hidden, as the yam, the potato, the onion et cetera was also permitted, provided that is given for example, because of experiencing the difficulty or the loss if must dismiss all the results of the crop that was hidden to be sold.
This in accordance with the rules of the Islam law: the Difficulty attracted the ease.
Likewise the trade in things that were wrapped/was closed, like food kalengan, LPG, et cetera, asalkam was given the label that explained his contents.
Vide Sabiq, op. cit. the matter. 135. About the text of the rules of the above Islam law, vide Al Suyuthi, Al Ashbah wa al Nadzair, Egypt, Mustafa Muhammad, 1936 matters. 55.
The TRADE in FOREIGN CURRENCY AND SAHAM
That was meant by foreign currency to be foreign currency a fairy American dollar, sterling pound England, ringgit Malaysia et cetera. If between the country the international trade happened then each country needed foreign currency for foreign means of payment that in the world of the trade were acknowledged as foreign exchange. For example the Indonesian exporter will receive foreign exchange from results of his export, conversely the Indonesian importer needed foreign exchange to import from overseas.
Therefore will emerge bargaining and the request in the currency stock exchange asing. each authorised country was full appointed the exchange rate of his money to be their respective (the exchange rate was his money rate of exchange against foreign currency) for example 1 American dollar = Rp. 12,000. However the exchange rate of money or the rate of exchange exchanged every time could keep changing, depended on the strength of the country's their respective economics. The registration of the exchange rate of money and the trade transaction was in foreign currency held in the Valuta Asing Stock Exchange (A. W. J. Tupanno, et. Al. Economics and the Co-operative, Jakarta, the Department of Education and Culture 1982, the matter 76-77
The FATWA MUI about the VALAS TRADE
The fatwa of Dewan Syari'ah Nasional Majelis Ulama Indonesia no: 28/DSN-MUI/III/2002, about the Trade in Currency (Al-Sharf).
WEIGH:
1. That in several activities to fill various needs, often was needed by the trade transaction in currency (Al-sharf), both between similar currency and between different currency the kind.2. That in urf tijari (the trade tradition) the trade transaction in currency was known by several forms of the transaction that the status of his law in the Islam teaching look was different between one form and the other form.
3. That so that this transaction activity is carried out in accordance with the Islam teaching, DSN gaze at must determine the fatwa about Al-Sharf to be made pedoman
CONSIDERING:
• "Firman Allah, QS. Al-Baqarah [2] :275:"... And Allah permitted the trade and prohibited usury...• "Hadis the Al-Baihaqi story prophet and Ibnu Majah from Ash of Sa'id al-Khudri: Rasulullah SAW spoke," Actually the trade might be only carried out on the basis of the willingness (between the two sides) "(HR. al-baihaqi and Ibnu Majah, and it was thought shahih by Ibnu Hibban)."
• "Hadis Nabi the Story" of "Muslim, Abu Daud, Tirmidzi, Nasa'i, and Ibn Majah, with the text" of "Muslim from" Ubadah "bin Shamit, Nabi s.a.w spoke:" (Juallah) gold with gold, silver with silver, wheat with wheat, sya'ir with sya'ir, the date with the date, and salt with salt (denga the condition must) same and a kind as well as in cash. If his kind was different, sold sekehendak you if being carried out in cash.
• "Hadis Nabi the story" of "Muslim, Tirmidzi, Nasa'i, Abu Daud, Ibnu Majah, and Ahmad, from Umar bin Khattab, Nabi s.a.w spoke:" (the trade) gold with silver was usury except (was carried out) in cash.
• "Hadis Nabi the story" of "Muslim, Tirmidzi, Nasa'i, Abu Daud, Ibnu Majah, and Ahmad, from Umar bin Khattab, Nabi s.a.w spoke:" (the trade) gold with silver was usury except (was carried out) in cash.
• "Hadis Nabi the story" of "Muslim from Ash of Sa'id al-Khudri, Nabi s.a.w spoke: Janganlah you sold gold with gold except same (he thought) and don't added partly was upper another part; did not sell silver with silver except same (he thought) and don't added sebagaian on another part; and did not sell gold and this silver that not cash with that cash."
• "Hadis Nabi the story" of "Muslim from the" Ember "Bin" Azib "and Zaid bin A rqam: Rasulullah saw banned sold silver with gold in a manner the debt (not cash)."
• "Hadis Nabi the Tirmidzi story from Amr bin Auf: the Agreement could be carried out between Muslims, except the agreement that prohibited that was lawful or permitted that was forbidden; and Muslims was tied with their conditions except the condition that"
PAY ATTENTION TO:
1. The letter from pimpinah the Unit of Usaha Syariah Bank BNI no. UUS/2/878
2. Participants's opinion in the Plenary Meeting of the Council Syari'ah National on the Thursday, the date 14 of Muharram 1423H/ on March 28 2002.
MEMUTUSKAN
Dewan Syari'ah Nasional Menetapkan: the TENTANG JUAL BELI FATWA in CURRENCY (Al-SHARF).
First: the Umum provisions
The trade transaction in currency in principle might with the provisions as follows:
1. Not for the speculation (profit-untungan).
2. There was the requirement transaks or to be on the alert (savings).
3. If the transaction was carried out against similar currency then he thought must be the same and in cash (at-taqabudh).
4. If differing the kind then must be carried out with the exchange rate (the exchange rate) that was valid at the time of the transaction and in cash.
Secondly: Asing kinds of the Currency transaction
1. The SPOT transaction, that is the purchase transaction and the sale of foreign currency for the surrender at the time (over the counter) or his resolution was slowest in a period of two days. His law able to, because it was considered cash, whereas when two days were regarded as the process of the resolution that could not be avoided and was the international transaction.
2. The FORWARD transaction, that is the transaction pem the diamond and the sale of foreign currency that he thought is maintained at the time of now and was put into effect during the future, between 2x24 the hour up to one year. His law was forbidden, because the price that was used was the price that diperjanjikan (muwa'adah) and his surrender was carried out in afterwards the day, in fact the price when this surrender not necessarily was the same as the value that was agreed to, except for being carried out in the form of forward agreement for the requirement that could not be avoided (lil the pilgrim).
3. The SWAP transaction that is a purchase contract or the sale of foreign currency with the price spot that was combined with the purchase between the sale of foreign currency that was the same as the price forward. His law was forbidden, because of containing the element maisir (the speculation).
4. The OPTION transaction that is the contract to receive the right on the occasion of bought or the right to sell that must not be carried out on several foreign currency units in the price and the period or the date of the certain end. His law was forbidden, because contained unusru maisir (the speculation).
Thirdly: this Fatwa had been valid since the date was determined, with the provisions if in afterwards the day evidently was gotten by the error, was changed and completed as it should be.
Appointed in: Jakarta
The date: 14 Muharram 1423 H/on March 28 2002 M The COUNCIL SYARI'AH NATIONAL the Muslim SCHOLAR's Indonesian COUNCIL
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