FIQH MUAMALAT
📖 Chapter ▼
Chapter 5: Concept Of Contract
Chapter 6: Sale-Based Transactions 1
Chapter 7: Sale-based Transactions 2
Chapter 8: Mudarabah
Chapter 9: Musharakah
Chapter 10a: Ijarah
Chapter 10b: Rhan Contract
Chapter 11a: Kafalah
Chapter 11b: Wakalah
Chapter 12: Bay al-Dayn
Chapter 13a: Wadi'ah Contract
Chapter 13b: Contract of Sarf
Table of Contents
Definition of Sarf Contract
What is it? (Technical Definition)
It is the sale of money-for-money. This specifically refers to the exchange of precious metals, such as the sale of gold-for-gold or silver-for-silver .
Scholar View (Maliki School)
The Maliki scholars have a strict definition: they consider it a valid money exchange only if the transaction is specifically gold-for-gold or silver-for-silver .
Authority of Sarf Contract
Evidence from Consensus (Ijmah)
There is unanimous agreement (Ijmah) among all Islamic scholars regarding the permissibility of Baya al-Sarf .
Evidence from Practice
The contract is considered valid because it has been practiced by people since the time of the Prophet (saw) until the present day without any objections
Conditions of Sarf Contract
Taking Possession
The delivery of both currencies must take place at the exact time of concluding the contract (Majlis al-Aqd), before the parties separate .
Equal-for-Equal Transaction
If you are exchanging currencies of the same genus (e.g., silver for silver or gold for gold), they must be transacted like-for-like . This rule applies even if the items differ in quality
Freedom from Khiyar al-Shart
The currency trading must be free from Khiyar al-Shart, which is an option to rescind (cancel) a sale contract based on conditions set earlier
Non-deferment
The delivery of both counter values must be immediate and cannot be deferred (delayed) to a future time .
Application in Islamic Finance (IF)
Spot Forex
Bay al-Sarf is applicable to modern foreign exchange, known as Spot Forex
Exchange Rates for Different Currencies
The majority of scholars permit exchanging different currencies at different nominal exchange rates
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