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Some Muslims halal dubious practice futures trading. What do the experts Padangan Islam?
Do you sell something that is not you, "words of the Prophet Muhammad, in a hadith narrated by Abu Huraira.
By some fuqaha (Islamic jurists), the hadith is interpreted saklek.Anyway, any practice of buying and selling goods that do not exist at the time of contract, unlawful. Such interpretation, no doubt, make it difficult to meet the Islamic jurisprudence demands of the growing period with amendments.
Therefore, a number of famous classical scholar with a brilliant idea, opposed to the narrow interpretation that impressed. For example, Ibn al-Qayyim. Bermazhab Hambali scholars are of the opinion that the sale is not true that there are no prohibited items.Both in the Qur'an, the Sunnah and the fatwas of the Companions, the ban was not there.
In the Sunnah of the Prophet, there are only selling ban that does not exist, as the ban on some items that already exist at the time of contract. "Causa ban legislators or physical defect is not the presence or absence of the goods, but garar," said Dr. Syamsul Anwar, MA from IAIN Yogyakarta LIKE opinion explains Ibn al-Qayyim. Garar is uncertainty about whether the goods are traded or not it can be delivered. For example, someone selling a lost camel. Or sell the property of others, but it is not given by the relevant authority.
Thus, although at the time the contract goods does not exist, but there is no certainty that was held at the time needed to submitted to the buyer, the sale is legitimate. In contrast, although the goods are there but - for one reason or another - may not be submitted to the buyer, the sale was illegal.
Futures trading, obviously, not garar. Because, in the future contract, type of commodity bought and sold have been determined. So is the quantity, quality, delivery time and place.Everything runs on the tracks official rules are strict, in anticipation of the occurrence of irregularities in the form of fraudulent practice - the one thing that could have also occurred in the practice of buying and rather conventional.
In the perspective of Islamic law, the Commodity Futures Trading (PBK) (forex is part of the CPB) can be put in a category almasa'il almu'ashirah or legal problems of contemporary Islam.Therefore, its legal status can be categorized to ijtihadiyyah problem. Ijtihadiyyah classification into the region fi la nasha ma FIH, namely the legal issues that do not have a definite reference to legal texts.
In the category of al-Sahrastani legal problems, he belongs to the paradigm of al-qad nushush intahat wa al-waqa'I la tatanahi. That is, the legal texts in the form of Al-Quran and Sunnah has been completed, no longer any extra. Thus, case law emerging legal certainty should be provided through ijtihad.
In the case of CPB law, ijtihad can refer to the theory of legal changes introduced by Ibn al-Jauziyyah Qoyyim. He explains, Fatwa law may change due to several variables perubahnya, namely: time, place, intent, purpose and benefits. Theory of legal change is derived from the paradigm of legal science teacher Ibn Taymiyyah, who said that a-haqiqah fi al-a'yan la fi al-adzhan.That is, the truth of the law is found in empirical reality, not in the realm of thought or idea of nature.
This paradigm is derived from Islamic law principles of justice that the Qur'an used the term al-mizan, a-qisth, al-wasth, and al-adl.
In practice, in particular the problem can be inserted into PBK in the field of study fiqh al-siyasa maliyyah, the legal political material. In other words, PBK including study of Islamic law in the sense of how Islamic law is applied in the ownership of the property, through the trading of commodity futures in the era of globalization and free trade.
Realization that the most likely in order to protect the perpetrators and those involved in trading commodity futures in space and time as well as consideration of the purpose and benefits of today, in line with the spirit and sound of Law. 32/1977 on CPB.
Because the theory of legal change as described above, can show elasticity Islamic institutions and practices in the economy, the CPB in the Islamic legal system may be analogous to the bay 'al-salam'ajl bi'ajil.
Bay 'al-salam can be interpreted as follows. Al-Salaf al-salam or bay is' AJL bi'ajil, which is traded something with the provisions of its properties are guaranteed the truth. In such transactions, delivery of ra's al-mal in terms of money as exchange value takes precedence over delivery of the commodity in question in the transaction. Hanabilah Syafi'iyah scholars and define it: "Agreement on the sale of commodities which were guaranteed the deferred nature of the (futures) on the price of the stock specified in the contract".
Validity of futures transactions, determined by the harmony and the fulfillment of the following requirements:
Pillars of the major elements that must exist in a transaction event key elements in the bay 'al-salam are:
The parties to the transaction participants ('aqid) is referred to as Muslims or Muslim ilaih.Transaction object (ma'qud alaih), the goods and the price of the commodity futures exchange (ra's al-mal al-Muslim al-salam and FIH).Sentence transaction (Sighat 'aqad), the consent and granted.Noteworthy of these elements, is that consent and qabul expressed in the language and the sentence that clearly shows the futures transaction. Therefore, scholars emphasize the use of the term Syafi'iyah al-Salaf al-salam or in sentences that transaction, arguing that 'aqd al-salam is bay' al-ma'dum with nature and the different ways of selling and contract buy (buy).
Conditions
Requirements related to the transaction object, is this: that the object of the transaction must meet the clarity regarding: the type (s yakun jinsin ma'lumin fi), its nature, size (content), term delivery, exchange rates, place of delivery.
Requirements to be met by exchange rates (al-tsaman), is, first, the clarity of the type of exchange, ie dirhams, dinars, dollars or dollar or so on goods that can be weighed, disukat, etc.. Second, the clarity of the type of exchange is dollars, U.S. dollars, Singapore dollars, and so on. Are the scales agreed in kilograms, pounds, etc..
Clarity about the quality of the transaction object, if the special qualities, good or bad being. The terms above are set with the intention of eliminating jahalah fi al-'aqd or excuse ignorance of the conditions of the goods at the time of the transaction.Because this will result in disputes between transactors, which would undermine the value of the transaction.
Clarity of the exchange rates. Brief explanation of the above seems to have been able to provide clarity PBK permissibility.Even if in practice there are still those who feel disadvantaged by laws that exist, it can be used the rule of law or a legal maxim which says: ma la la yutrak kulluh yudrak kulluh. What can not be implemented all of them, then do not have to be abandoned entirely.
Thus, the law and the implementation of the EAP is to some extent be declared acceptable or at least consistent with the spirit and soul of the norms of Islamic law, with the analogies to the bay 'al-salam.
بسم الله الرحمن الرحيم
In his book, Prof. Drs. Zuhdi Masjfuk entitled Masail fiqhiyah; Capita Selecta Islamic law, found that the Forex (Foreign Trade) is allowed in Islamic law.
Foreign exchange trading arises because of the trade goods / commodities between countries that are international. Trade (Exports-Imports) This course requires a means to pay the money that each state has its own provisions and different from each other in accordance with supply and demand among those countries that arose VALUE CURRENCY RATIO between countries.
Comparison between countries of the currency collected in a STOCK or MARKET that is international and is bound in a mutually beneficial agreement. Value of the currency of a country to country is changing (fluctuating) at any time according to the volume of demand and supply. The existence of demand and supply are what caused the transaction currency. Which actually is the exchange of different currencies value.
TRANSACTION LAW ISLAM in FOREXA. There Ijab-Qobul: ---> There is an agreement to give and receive
* The seller delivered the goods and the buyer pays in cash.* Ijab-Qobulnya done with oral, written and messengers.* Buyers and sellers have full authority to implement and perform legal acts (adult and sensible)
2. Qualified to be a transaction object that is:
* Holy merchandise (not unclean)* Can be used* Can be handed over* Obviously the price of goods and* For Sale (purchase) by the owners themselves or their proxies owners permission* Items already in hand if the goods obtained in exchange.
It should be added the opinion of Muhammad Isa, the sale and purchase of shares is allowed in religion.
لاتشترواالسمك فیالماءفاءنه غرد
"Do not buy fish in the water, because such a sale actually contains a fraud". (Hadith Ahmad bin Hambal and Al Bayhaqi from Ibn Mas'ud)
Buying and selling goods in the transaction are not allowed on the condition must be explained by its properties or characteristics.Then if the goods in accordance with the description of the seller, the sale sahlah purchasing. But if it does not fit the buyer has the right khiyar, that may continue or cancel the sale purchasing. This is in accordance with the traditions of the Prophet narrated by al Daraquthni of Abu Hurairah:
من سترئ شيتالم يرهفله الخيارإذاراه
"Anyone who buys something that he did not see it, then he is entitled khiyar if he had seen".
Buying and selling, yields were still hidden, such as cassava, potatoes, onions and so on are also allowed, as long as given for example, because it would have difficulty or loss if you have to spend all that pent-up crop to sell. This is in accordance with the rules of Islamic law:
المشقة تجلب التيسر
The difficulty is interesting ease.
Likewise, buying and selling goods that have been wrapped / covered, such as canned food, LPG, and so on, asalkam labeled stating its contents. Vide Sabiq, op. cit. thing. 135. Text of the rules of Islamic law regarding the above, vide Al Suyuti, Al Ashbah wa al Nadzair, Egypt, Muhammad Mustafa, 1936 p. 55.
BUY AND SELL FOREIGN STOCK
The definition of foreign currency is the currency of foreign countries like the U.S. dollar, British Pound, Euro, Australian dollar, Malaysian Ringgit, and so on.
If international trade occurs between countries so every country needs foreign exchange as a means of payment abroad in the world is called foreign exchange trading. Indonesia for example, exporters will earn foreign exchange from the export, otherwise the importer Indonesia needs foreign exchange to import from abroad.
Thus there will be supply and perminataan in the foreign exchange market. full authority to assign each state its respective rate (rate is the ratio of its value against foreign currencies) for example 1 U.S. dollar = Rp. 12,000. But the exchange of money or the ratio of the exchange rate at any time can vary, depending on the economic strength of each country. Recording rate and currency trading, foreign currency held in the Stock Exchange
Compiled from various sources
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