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Bay alSarf is a contract of exchange of money for money. This contract is tightly regulated under
Shari`ah because it can be easily manipulated for the purpose of producing an interestbearing loan,
whichisprohibitedinIslam.
IbnRushdexaminesthethreeformsofsalethatcanariseinamarketwheregoodsandmoneyarein
existence:
"when two commodities are exchanged, one may serve as a currency and the other as a priced
commodity,orbothmaybecurrencies.Whenacurrencyisexchangedforacurrencythesaleiscalled
'sarf',andwhenacurrencyisexchangedforapricedcommodity,thetransactionissaleproper('bay').
Similaristhesaleofapricedcommodityforanotherpricedcommodity(barter)"
ibnRushd:BidayatalMujtahid(p.154,Garnet,1996)
Therulesofbayalsarfderivelargelyfromthewellknownhadith:
"Goldistobepaidforbygold,silverbysilver,wheatbywheat,barleybybarley,datesbydates,andsalt
bysaltlikeforlike,equalforequal,paymentbeingmadeonthespot.Ifthespeciesdiffer,sellasyou
wishprovidedthatpaymentismadeonthespot".
Hadith:Muslim
Gold and silver were the currency of use at the time of the Prophet, peace be upon him, and he
approvedtheirusebytheactofusingthemhimself.Itcannotthereforebesaidthatitiswrongtouse
goldandsilverasmoney.
Many jurists have used analogy to argue that the hadith on gold and silver represent all forms of
monetarymedium,andthatthereforeallformsofcurrencyshouldobeytherulesestablishedforgold
andsilverexchanges.Thispositionisnothoweverunanimous,andtherearethosewhoarguethatthe
rulesdonotapplytootheritems,copperforexamplesincecopperisnotoneofthesixitemsmentioned
inthehadith(thesocalledribawiitems).Undersuchaninterpretation,anexchangeof10coppercoins
todayfor12coppercoinstomorrowwouldnotbearibatransaction.Similarly,therearesomejurists
who argue that because money is to be regarded as gold and silver only, then paper money is not a
properformofmoneyandaloanof10paperdollarsmadetodayinreturnfor12paperdollarstobe
receivedtomorrowisnotaformofriba.Thesehoweverareminorityviewsanditshouldbenotedthat
most jurists do agree that where an item is being used as money by custom (urf) among a local
population,itshouldobeytherulesthatarestatedinthehadithregardinggoldandsilver.
Based upon the above hadith, it is established that if gold is to be exchanged for gold, the exchange
must be made on the spot, with the amounts being of equal quality and quantity. Because both
countervaluesmustbesettledimmediately,aforwardtransaction(inwhichoneofthecountervaluesis
deliveredatafuturedate)isnotallowed.Giventhatexchangesmustbeequalforequal,atendollar
not cannot be exchanged for nine one dollar notes. Proceeding from here, commissions on currency
exchange will be questioned by some scholars because of the contravention of the 'equal for equal'
ruling.
Otherscholarsarguethatifthemonetarysystemwerecorrectlydesigned,thenmoneywouldcomprise
gold and silver throughout the world (i.e. American money would be made of gold, Malaysian money
wouldbemadeofgold,etc.)andhencetherewouldbenoneedforforeignexchangeinthefirstplace.
Here,theargumentsovertheShari`ahpositiononmodernforeignexchangeandcurrencytradingare
seentoarisebecausethesemarketsareofthemselvesbuiltuponunIslamicfoundations.

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