In exchange, there are specific rules that need attention. If you do not pay attention to this, someone will fall in usury. Berilmulah before charity.
Changing Currencies Gold and Silver
It is known that the paper currency, it has become something of value and replace gold and silver in the transaction. Paper money is more easily stored and transported. However,
it should be understood that the value of paper money is not seen from
the object itself, but seen from the nominal that is not part of the
thing itself.
Assembly
of Al Majma 'Al Fiqhi stated that there are various kinds of paper
money, depending on the currency issued by each country. Some are wearing junaih currency, riyal, and the dollar. And the currency is applicable usury laws [such nukilannya]. Similarly, gold and silver usury laws applicable to him.
Rules in Exchange (Barter) goods usury
Consider the following hadiths that explain how to barter gold and silver in which both goods include commodity usury.
الذهب
بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير والتمر بالتمر والملح
بالملح مثلا بمثل يدا بيد فمن زاد أو استزاد فقد أربى الآخذ والمعطى فيه
سواء
"If
the gold sold by gold, silver sold for silver, wheat sold for wheat,
sya'ir (a type of wheat) sold sya'ir, dates sold with dates, and salt
sold with salt, then the amount (dose or scales) must be the same and paid in cash (cash). Whoever adds or ask for additional, he has done usury. People who take these additional, and people who gave each be in sin. "(Narrated by Muslim, no. In 1584)
الذهب
بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير والتمر بالتمر والملح
بالملح مثلا بمثل سواء بسواء يدا بيد فإذا اختلفت هذه الأصناف فبيعوا كيف
شئتم إذا كان يدا بيد
"If
the gold sold by gold, silver sold for silver, wheat sold for wheat,
sya'ir (a type of wheat) sold sya'ir, dates sold with dates, and salt
sold with salt, then the amount (dose or scales) must be the same and paid in cash (cash). If
it had different kinds of goods, then please membarterkannya you want,
but it must be made in cash (cash). "(Narrated by Muslim, no. 1587)
The
scholars have agreed that the six commodities (gold, silver, wheat,
sya'ir, dates and salt) mentioned in the hadith above, including
commodity usury. So that the six commodities may be traded by barter as long as eligible.
Of the six commodities usury can be grouped into two. The first group is the gold and silver. While the second group are the four other commodities (palm, wheat, sya'ir and salt).
If
another type of commodity in the bartered-for example, are gold and
gold-then here are two requirements must be fulfilled, namely cash and
scales should be the same. If conditions are not met and the excess weight or measure when barter, then this entry fadhl usury.
If
the commodity on the different types of bartered, but still in one
group-for example, is a gold and silver or dates and wheat-then here's
just one condition must be fulfilled, namely cash, while the scales or
the dose may be different. So,
if it bartered different types, then there should be no excess weight
or measure, for example, may exchange gold 2 silver 5 gram by gram-. So on this second point applies if there is a delay usury nasi'ah when barter and usury fadhl not happen.
If
different types of commodities were bartered and also groups such as
gold-and-date, so here there is no requirement, cash and may not be
different scales or measure.
Problems Money Changer
The rules above, we can apply in currency exchange or money changer.
If
the currency type, such as 10 000 dollars to 1000 dollars exchanged for
fractional, then there are two conditions that must be met: (1) cash,
(2) the same amount. 1000 rupiah denomination should not be reduced. If you do not qualify before, then got into usury. Due to the hadith mentioned: ... the amount (dose or scales) should be equal and paid in cash (cash). Whoever adds or ask for additional, he has done usury. People who take these additional, and people who gave each be in sin.
If
a different currency types, such as the Saudi riyal 1000 with 2.5
million dollars to be exchanged, only one condition that must be met:
cash, there should not be too late when the contract is delivered. Due
to the hadith mentioned: ... If different types of goods were, then
please membarterkannya you want, but must be made in cash (cash).
So
from here is not justified if someone wanted to send money to the Saudi
riyal and received in the form of rupiah in Indonesia. The way the riyal currency exchange when transferred prior to the rupiah, and then transferred to Indonesia. Or the transferor provides a guarantee that the money is exchanged before being transferred to Indonesia. Thus the practice of any Islamic bank in Saudi Arabia, which is a guarantee.
Ibn
Qudama said, "Exchange Rates and the cash required must be submitted in
one chamber and this is a legitimate condition that there is no mistake
among the scholars."
Ibn
al-Mundhir said, "The scholars have agreed that we all know people who
want to exchange currencies when they split up before the delivery of
the currency, then akadnya imperfect (not valid)."
Wallahu waliyyut taufiq was sadaad.
References:
Sha-u Akhtho i'ah fil-Buyu ', Sa'id' Abd al-'Azhim, published by Darul Iman
@ Umm al-Hamma, Riyadh, KSA, 5 Robi'ul Awwal 1433 H
www.rumaysho.com
Kamis, 02 Februari 2012
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