If we examine the trade contracts of a financial nature that exist in world markets, we would find that purchase and sales transactions occur in six types:
1. The exchange of a currency with the same type of currency, such as the exchange of old Iraqi dinar notes for new notes.
2. The exchange of one currency for another currency, such as the exchange of Egyptian pounds for dollars.
3. The purchase of certain goods with a certain currency and the purchase of that currency with another currency, such as the purchase of aircraft with dollars and the exchange of those dollars for Iraqi dinars in one single deal.
4. The sale of certain goods in sterling and then exchanging them for dollars.
5. The sale of certain bonds with a certain currency.
6. The sale of stocks in a certain company, with a certain currency.
These six transactions are trade contracts of a financial nature. As for the purchase and the sale of bonds and shares, this is categorically forbidden under the Shari’ah rules, for the bonds have a determined rate of interest thus usury occurs in them; it is even in itself, a usurious transaction. A stock represents a part ownership in a company that is unlawful in the first instance, thus trading in stock is forbidden, and it is also forbidden to deal in the stock of all the public companies, whether these were companies that deal in lawful trade, such as the industrial and commercial public companies, or companies that deal with unlawful trade such as the banks’ stocks. As for the purchase of goods with a certain currency, the exchange of that currency for another, or the sale of certain goods for certain currency and then exchanging that currency for another currency; these represent two transactions, a transaction of purchase and sale and a transaction of exchange. Therefore, they follow the rules of trading and exchange, and they should be subject to the rule of the separation of the deals.
The sale of one currency for the same or a different currency is a transaction of exchange, and it is permitted. This is because exchange is the swapping of money for money, of gold and silver, either equally in the same type, or differently and equally in the different types. The exchange takes place in the money as it takes place in gold and silver, for the description of gold and silver applies to it in its quality as a currency. Money is not analogous to gold and silver but is one of its forms, for it is based on either of them in their monetary valuation. So if a person were to purchase gold for silver, coin for coin, by saying for instance: “I sold to you this golden Dinar for these silver Dirhams”, by naming them while present at the time of sale, or if He were to purchase gold for silver while not present such as when signing a contract over a described monetary item while not being present, and He says: “I sold to you these Egyptian pounds for ten Hijazi Dirhams”. These examples are permitted, for the monies are determined in the contracts by naming them, thus the ownership of their assets is established. Therefore, trading gold for silver is permitted, whether this was pounds for Dirhams, silver jewellery or for Niqar (i.e. silver dust). The Niqar is the silver equivalent of Tibr (i.e. gold dust). It is also permitted to trade silver for gold, whether jewellery, bullion or gold dust. However, all such trade must be conducted hand to hand and described, either equally or unequally, weight for weight, or known quantity (Jizaf) for known quantity, or weight for known quantity in all the mentioned types, provided the exchange is in two different types, for if they were from the same type, they can only be equal and must not be unequal. Gold could be traded for gold, whether this were Dinars, jewellery, bullion, ore, weight for weight, described asset for described asset, hand to hand, and in principle no difference is permitted. Silver could also be traded for silver, be it Dirhams, jewellery or Niqar, weight for weight, described asset for a described asset, hand to hand, and no difference is allowed in principle. Therefore, the exchange between the same type of currency is permitted, provided that it is equal, hand to hand and a described asset for a described asset. The exchange between two different currencies is also permitted and in this case, the condition of equality and disparity does not apply, but this must be exchanged hand to hand, and a described asset for a described asset. Evidence for the permissibility of exchange is derived from the Hadith reported by At-Tirmidhi on the authority of Ubada ibn As-Samit who said that the Messenger of Allah (pbuh) said: “You may trade gold for silver as you wish, hand to hand.” Muslim also reported on the authority of Ubada ibn as-Samit who said: “I heard the Messenger of Allah (pbuh) forbid the trading of gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt, unless this was in equal quantities and described asset for a described asset. He who increases or takes an increase would fall into usury (Riba).” Muslim also reported on the authority of Abu Bakra who said: “He has ordered us to buy gold for silver as we wished, and to buy silver for gold as we wished. A man asked Him (pbuh) so He said: “Hand to hand”. He added: “That is how I heard it.” At-Tirmidhi reported on the authority of Malik Ibn Aws Al-Hadathan who said: “I came asking who would exchange some Dirhams, whereupon Talha Ibn Ubaydullah as He was sitting with Umar ibn al-Khattab, said: ‘Show us your gold,’ and then come to us at a later time, when our servant would come we would give you your silver (Dirhams).” Upon this Umar said: “No by Allah, you shall give Him his silver coins or return his gold to him, for the Messenger of Allah (pbuh) said: ‘Exchange of silver for gold has an element of Riba in it unless it is exchanged hand to hand, wheat for wheat is Riba unless it is hand to hand, barley for barley is also Riba unless it is exchanged hand to hand and dates for dates is also Riba unless it is hand to hand.”’ It is therefore forbidden to trade gold for silver except hand to hand, for if the two trading parties parted company before they exchanged hand to hand, the exchange would be unlawful. Bukhari and Abu Dawud reported on the authority of Umar that the Messenger of Allah (pbuh) said: “Exchanging gold for silver is riba except hand to hand.”
It is conditional that the two contracting parties cash in at the place of the deal, for once they separated prior to the cashing in, the sale would not lawfully be considered to have taken place. This is because the exchange is the inter-trading of prices, and to cash in at the place of the deal is a prime condition for the exchange to be valid. Bukhari reported on the authority of Malik Ibn Aws who said: The Messenger of Allah (pbuh) said: “Trading gold for silver is Riba unless it is hand to hand.” At- Tirmidhi also reported that the Messenger of Allah (pbuh) said: “Trade gold for silver as you wish, as long as it is hand to hand.” The Messenger of Allah (pbuh) prohibited the trading of gold for silver in credit, and also prohibited the trading of an absent asset for a present one. Therefore, the exchange must take place at the place of the deal, for if the contracting parties separated before cashing in, the exchange would be invalid due to the non-fulfilment of one of its main conditions. If however, part of the deal was exchanged at the place of the deal, the deal would then be valid in the part which was exchanged and, its equivalent on the recompense and it would be invalid for the remainder of the deal and its equivalent part of the deal. This is because it is permitted to divide the deal into parts. For instance, if a person exchanged one Dinar for ten Dirhams with a person who has only five Dirhams, it would be invalid for them to separate before the full ten Dirhams are cashed in. If the five Dirhams were cashed in and they separated, the exchange would be invalid for half the Dinars and valid for the other half which is equivalent to the five Dirhams that have been cashed in. This is because it is permitted to divide the deal of sale. If the person with the five Dirhams borrowed the remainder of the money from the other person or a third party, to complete the deal, the exchange would be valid, as long as the borrowing was not a condition in the deal, for if it was a condition in the deal, the deal would be invalid.