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Musthofa Faruq
Master Student, Postgraduate Program, Faculty of Law, University of Indonesia

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Islamic Banking Sharia Compliance on Currency Transactions Musthofa Faruq
Jurnal Suara Hukum Vol. 3 No. 2 (2021): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v3n2.p407-426

Abstract

Sharia banking is one of the alternatives in the development of the financial world to develop a financial pattern based on Islamic law. In carrying out its activities, Sharia banking must follow legal compliance with the principles of Sharia or compliance, because Islamic banks are based on Islamic law, they must operate by following Islamic Sharia, especially those concerning the procedures for Islam. Sharia compliance is a form of Islamic bank accountability in disclosing compliance with sharia principles, where it is a manifestation of the fulfillment of all sharia principles in institutions in the form of characteristics, integrity and credibility of Sharia banks. One of the products of Islamic banking services is currency transactions. Through the fatwa of the National Sharia Council of the Indonesian Ulama Council (DSN-MUI) currency transactions has been given a Sharia basis that is in accordance with Islamic law and positive Indonesian law, so that Islamic banks can carry out currency transactions with follow the provisions stipulated both by the DSN-MUI as well as in Sharia and fiqh, because basically in the Sharia currency trading is allowed as long as it does not violate the provisions: not for speculation (chancy); there is a need for a transaction or just in case (savings); if the transaction is made against similar currencies, the value must be the same and in cash; and if different types, it must be done at the exchange rate prevailing at the time of the transaction and made in cash.