FOREX FROM ISLAMIC PERSPECTIVE Literature review: In this chapter of the research paper, a detailed review of literature on the FOREX from the perspective of Islam is conducted by reviewing the journal articles. One the issues dealt by the Islamic banking law is the forex trading. Analyzing the forex market from the perspective of finance implies the variation of the market. The Islamic forex accounts is like any other treading accounts that do not accounts for the payment of interests. As per the Islamic law, it is severely prohibited to collect and make the payment of interest which is known asriba.The major issue relating to the practice of Forex is the prohibition of credit application for complying with the environment of Islamic law. Avoiding ofribais the rationale of forex trading that is caused due to the allowance of determent resulting from the volatile fluctuations in the value of currency and triggering loss ((Dhirajet al.2019). The article evaluated the financial products in relation to the forex trading by the banks in in compliance with the Islamic law principles. The present practice of the Islamic banks of Malaysia for the exchange of currency has been discussed in this paper for identifying whether such practice conforms to the Sharia law principle. The credit application posing a serious issue on the Forex trade practice under the amenable environment of Islamic Law is prohibited under the Hadith. The trade involving the foreign currency is regarded as theBay Al-Sarfthat accounts for seven pillars that fulfills the requirements of the mechanism of the exchange rate of currency. The contract relating to the foreign exchange id considered as null and void if the transaction does not fulfill the pillars ofBay Al-Sarfand is known as fasid.With regard to the foreign exchange currency, theBay Al-sarfcomes with come conditions such as acceptance and offer is free ofkhiyar al-syartand mutual assignment occurrence that is known astaqabudh.In addition to this, it also requires that the deferment is not permissible and exchange should be done on the spot. Therefore, for making the transaction valid under theBay Al-Sarf,the spot exchange should occur along withtaqabudh
FOREX FROM ISLAMIC PERSPECTIVE proper to the partway ways by the contracting parties (Dhirajet al.2019). If such conditions are not fulfilled, the law of Shariah makes the transaction void in itself. The forward exchange is enabled by the bank of Malaysia by the development of a mechanism underBay Al-Sarf,that complies with the law of Shariah and is known aswa’d mulzim.With the help of such instruments, the buyers are protected from the fluctuations on the currency rate. However, Bay Al-Sarf pillars, is breached under the uncertain nature of practice. Therefore, it is outlines that under the Bay Al-Sarf, it is not permitted to perform the forward exchange. The loss suffered by the parties resulting from currency value inequality is limited bywa’d mulzim.Some of the banks in Malaysia has imposed a requirement to allow for a more innovative and efficient forex trading in Malaysia with thewa’d mulzimpractice under Bay Al-Sarf. The currency exchange trading permissibility is viewed differently by different scholars. It is concluded as per the analysis of the facts and issues presented in the context of Islamic forex that Islamic law should make forex permissible. The currency trading from the perspective of Islamic law should be confirmed to the principles of Shariah. It has been found that in an effort to innovate and create the currency trading product, the products developed should conform to the Shariah’s principle. A journal article titled” An overview on the practice and issues of Hedging in Islamic finance” outlines the notion of risk in Islam, instruments and concepts of hedging. The requirement of hedging in exchange rate currency is agreed by the majority of the standard setting authorities of Shariah, however, the issues concerning the compliance of Shariah and legalityofcertainhedginginstruments,thereremaindivergenceinthehedging.In conventional finance, the hedging instruments is based on the model of transferring risk that creates shifting and transfer model that results in the creation of more risk in the system. The commoditization of risk from separating it with the original transactions causes proliferation and thereby results in recurrent of crisis and instability. The model on which the hedging
FOREX FROM ISLAMIC PERSPECTIVE instruments are based is not considered the best because it is based on the concept of excessive risk and interest and also they do not comply with the law of Shariah. It is required that the development of hedging instruments from the Islamic perspective should be based on the model of risk sharing (Oubdi and Raghibi 2017). The journal article does not presents any decisive evidence regarding the hedging prohibition in light of the arguments presented in the article. The article titled” Critical evaluation of the compliance of online Islamic FOREX trading with Islamic principles” determines the difference or similarity degree between the Islamic and conventional FOREX product and also conducts an evaluation of the compliance of the online Forex products with the jurisprudence principles of Islam. Any interest earned on the FOREX trade aligns with the prohibition of interest as per the law of Shariah. Enabling Muslims to trade forex by complying with the laws of Islam, Islamic forex accounts have been developed by the Forex brokers that offers Forex trading that is interest free. The Islamic nature of the Forex products is clearly promoted by the most Islamic banks with the help of brands effectively supporting such products. Gharar and riba are the two major factors enabling forex trade that causes breach of Islamic principles. The introduction of then online Forex trading has been done as a jurisprudence compliance form of advertising and trading by the Islamic forex. This online foreign trading in Islam is equivalent to the trading under the forward sale that issalam(Cohen2017). It is suggested from the evidence gathered in the journal article that there is any difference between the technical process underpinning the conventional and Islamic forex products.Inadditiontothis,thepermissibilityoftheproductscomeswithamajor ambiguities and contradiction that the jurisprudence offers. The results obtained from the analysis of the article provided with the three views on Islamic finances that is good, bad and ugly. In addition to this, the permissibility of Forex under Islamic finance is dependent upon
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FOREX FROM ISLAMIC PERSPECTIVE how the future and options are used as the tools of risk management for avoiding the currency fluctuations risk. It is required by the concept of Islamic forex to gain a better understanding of managing and creating the financial products and the roles of regulations and rules of bank.
FOREX FROM ISLAMIC PERSPECTIVE References list: Cohen, S.I., 2017. Islamic Economics and Modern Economies: Resetting the Research Agenda. J Glob Econ, 5(248), p.2. Dhiraj, N., Nazarov, I., Ahmat, M. and Arif, M., 2019. IslamicStructured Products: Innovation or Replication? A New Discussion on Contemporary Application and Shari’ah Issues.Journal of Economics and Business,2(2). Oubdi, L. and Raghibi, A., 2017. An Overview on the Practice and Issues of Hedging in Islamic Finance.International Journal of Contemporary Research and Review,8(10).