 Trade foreign exchange arising from the trade goods needs / commodities between countries that are international. Trade (Export-Import) This requires a means to pay the money that each country has its own conditions and different with each other in accordance with supply and demand of these countries so that arise CURRENCY VALUE comparison between countries. Comparison between the value of the currency in the country collected a BURSA MARKET or the international and bound in an agreement with the mutually beneficial. The value of the currency of a country with other countries is changing (fluctuate) at any time according to the volume of requests and the bid. There is a demand and supply is what caused the transaction currency. That the only real exchange of currencies of different value.
In his book, Prof.. Drs. Zuhdi Masjfuk titled MASAIL FIQHIYAH; Capita Selecta Islamic law, is that the Forex (Trade forex) allowed in Islamic law.
HUKUM ISLAM dalam TRANSAKSI VALAS
1. Ada Ijab-Qobul:There is agreement to give and receive
• The seller of goods and buyers pay cash.
• Consent-Qobul done with oral, writing and messenger.
• Buyers and sellers have full authority to conduct and actions of the law (adult and sensible)
2.Eligible to become an object-sale purchase transactions which are:
• Holy goods (not filth)
• Can be used
• Can accept
• Clearly, the price of goods and the thing
• Sold (purchased) by the owners themselves or power over the owners permission
• Items already in-hand if the goods acquired with rewards
Should be added in Muhammad Isa, that the sale is allowed to buy stock in religion.
"do not you buy a fish in water, for sale and purchase of such a fraud ". (Hadis Ahmad bin Hambal dan Al Baihaqi dari Ibnu Mas'ud)
Sale and purchase of goods that are not allowed in the transaction must be provided as-is or-feature characteristics. Then, if the goods in accordance with the description of the seller, the legal sale and purchase it. But if the buyer does not have any appropriate khiyar rights, meaning that may continue or cancel the sale and purchase it.
This is in accordance with the Hadith of the Prophet Al Daraquthni history of Abu Hurairah: ”He who buys something that he does not see it, then he is entitled khiyar if he has seen. "
Sale and purchase of plant that are still hidden, such as yam, potatoes, onions and so on are also allowed, given the origin, for example, because it will have difficulty or loss should be issued if all of the potential for the plant sale.
This is in accordance with Islamic law rules: The difficulty is interesting ease.
They also sell to buy goods that have been wrapped / close, such as canned food, LPG, and so, as long as the label that describe the contents.
Vide Sabiq, op. cit. things. 135. Text about Islamic rule of law above, vide Al Suyuthi, Al Ashbah wa al Nadzair, Egypt, Mustafa Muhammad, p. 1936. 55.
BUY SELL FOREIGN CURRENCY AND SHARE
The definition of foreign exchange is a foreign currency such as U.S. dollars, British pounds, Malaysian Ringgit, and so forth. When trade occurs between countries and international every country requires foreign exchange to pay foreign equipment in the world is called foreign exchange trading. For example, exporters will get foreign exchange from the export, the importer Indonesia needs foreign exchange to import from abroad.
Thus arose the supply and demand in foreign currency exchange. each state is authorized to set the exchange rate of the money each (exchange rate is a comparison of the value of money against the foreign currency) for example, 1 U.S. dollars = Rp. 12000. However, the exchange rate or currency exchange rate comparisons at any time can change, depending on the economic strength of each country. Recording transactions and money exchange sale and purchase foreign currency held in Foreign Currency Exchange(A. W. J. Tupanno, et. al. Ekonomi dan Koperasi, Jakarta, Depdikbud 1982, hal 76-77)
FATWA MUI ABOUT TRADE FOREX
Fatwa Syari'ah National Assembly's Council of Ulama Indonesia no: 28/DSN-MUI/III/2002, about Buying & Selling Currency (Al-Sharf).
Considering:
1. That in a number of activities to meet the various needs, are often required to buy-sell transaction currency (al-sharf), both between the currency and similar between different types of currency.
2. That in the 'urf tijari (a tradition of trade) sale and purchase transaction currency is known that some forms of transactions in the legal status of approach between the different teachings of Islam with a form of another form.
3. That the transaction so that the activities are done in accordance with the teachings of Islam, see the need to set DSN fatwa on al-Sharf for further guidance
REMEMBER:
• "God's Word, QS. Al-Baqarah [2]: 275:" ... And God has been buying and selling halalkan forbid usury ... "
• "Hadith al-prophet history Baihaqi and Ibn Majah from Abu Sa'id al-Khudri: Rasulullah SAW said, 'Surely, the sale and purchase may only be done on the basis of agreement (between the two sides)' (al-HR. and Ibn baihaqi Majah, and are considered by Ibn shahih Hibban).
• "History of the Prophet Hadith Muslim, Abu Daud, Tirmidzi, Nasa'i, and Ibn Majah, with the text of the Muslim 'Ubadah bin Shamit, saw the Prophet said:" (sell) gold with gold, silver with the silver, with the wheat grain, sya 'ir with sya'ir, with the date palm, with the salt and salt (with the requirements should be) and the same kind and in cash. If the type is different, sell-se kehendakmu if made in cash. "
• "Hadith of the Prophet Muslim history, Tirmidzi, Nasa'i, Abu Daud, Ibn Majah, and Ahmad, of Umar bin Khattab, the Prophet saw said:" (Sell-buy) gold with silver is usury except (do) in cash. "
• "Hadith of the Prophet history of Muslim Abu Sa'id al-Khudri, saw the Prophet said: Do not sell gold, with gold, except the same (in value) and do not add up some of the other part, do not sell the silver with the silver, except the same (in value) and It is not adding up some of the other, and not to sell gold and silver, which is not cash with the cash.
• "Hadith of the Prophet's Muslim history Bara 'bin' Azib and Zaid bin rqam A: Messenger of Allah forbade selling silver with a gold receivables (not cash).
• "Hadith of the Prophet's history Tirmidzi Amr bin Auf: Agreement can be made between the Muslims, except the agreement that forbid the lawful or unlawful menghalalkan; and Muslims are bound by the terms of their requirements except that forbid the lawful or to the halalkan unlawful. "
ATTENTION :
1. Letters from the Business Unit pimpinah Bank BNI Syariah no. UUS/2/878
2. Opinion of the Board of the plenum Syari'ah National Day on Thursday, 14 Muharram 1423H / 28 March 2002.
DECIDE:
National Council of Syari'ah Setting: FATWA ON SELL BUY CURRENCY (AL-SHARF).
First: General
Sale and purchase transaction currency in principle, be provided as follows:
1. Not for speculation (speculative).
2. There is a need for transaks or guard (savings).
3. When the transaction is done against the currency's value should be similar and the same in cash (at-taqabudh).
4. When different types must be done with the exchange rate (exchange rate) in effect at the time of the transaction and in cash.
Second: The types of transactions Foreign Currency
1. SPOT transaction, the transaction and the purchase of foreign exchange sales for delivery at the time (over the counter) or at the latest settlement within two days. Ruling is allowed, because it is considered in cash, while the two-day considered as a process which can not be avoided and the international transaction.
2. Forward transaction, the transaction pem forex sales and purchase value is set at the time and is now applied to the future, between the 2x24 hours to one year. Law is illegitimate, because the price used is the pledged price (muwa'adah) and the bestowment will be done later in the day, the price at the time of delivery are not necessarily the same as the value of the agreement, unless made in the form of agreement to forward the demand that can not be avoided (lil hajah).
3. SWAP transaction is a purchase or sale contracts with the foreign exchange spot price combined with the purchase of foreign exchange sales with the same price forward. Law forbidden, because it contains elements maisir (speculation).
4. OPTION transaction to acquire the contract rights in order to buy or sell the right to not be done on a number of units in the foreign exchange rates and the time period or a specific end date. Law forbidden, because it contains unusru maisir (speculation).
Third: fatwa is valid since the date set, with the stipulation in the future if in fact there is a mistake, will be modified and enhanced as appropriate.
Set in : Jakarta
Date : 14 Muharram 1423 H / 28 Maret 2002 M
DEWAN SYARI'AH NASIONAL MAJELIS ULAMA INDONESIA
|
