Digital money should be framed by sharia signs
REPUBLIKA.CO.ID, JAKARTA – Digital money is a neutral feature that depends on the substance and goods being traded. So what is the legal basis for digital money fiqh?
Ustaz Oni Sahroni in the book Contemporary Muamalah Fiqh Volume 3 explained, if with this feature the user can fulfill their primary needs which are lawful and easy, then the importance of this application is of the same value. Like buying goods without having to provide cash in your wallet and without having to come to the store merchant and other hassles.
This is as the rule, “Praise be to Allaah.. Which means, “The means have the same law as their purpose,”. Ustaz Oni said that the facility should be framed with sharia signs in order to provide benefits and avoid negative effects as stated in the fatwa of the MUI DSN Number 116 of 2017 concerning Sharia Electronic Money and the AAOIFI Standard number 38 regarding At-Ta’amulat Al-Elektraniah.
First, avoiding prohibited transactions and halal and legal contract objects. The use of electronic money is protected from prohibited transactions. Therefore, goods traded with digital money this is lawful and legal.
Second, the holding bank. The nominal amount of electronic money that is in the issuer is placed in a sharia bank. Because transactions in conventional banks are interest-bearing loans that are forbidden.
Third, there is a handover and consent is granted. Either physical or non-physical according to tradition and agreement. This is in accordance with the opinion of the majority of scholars (Hanafiyah, Malikiyah, Syafiiiyah, Hanabilah, Zhahiriyah, Ibn Taimiyah, Al-Khatib, and Al-Khattibi).
Fourth, the provisions of the rights and obligations of the parties are stated in the terms of the platform and approved by the customer. Including discounts given by e-money publishers to customers.