第168条
Article 168
允许将国家货币与他国货币相互兑换,就像兑换国家自己的不同铸币一样。两种货币之间的兑换比率可以不同,只要这两种货币彼此不同即可。但是,此类交易必须以即时交割的方式进行,属于直接交易,不得有任何延迟。只要是在两种不同货币之间,兑换比率可以不受限制地波动。所有公民均可在国内或国外购买所需的货币,且无需事先取得许可或类似批准。
It is permissible to have exchange between the State currency and the currency of other states like the exchange between the State’s own coinages. It is permissible for the exchange rate between two currencies to differ provided the currencies are different from each other. However, such transactions must be undertaken in a hand-to-hand manner and constitute a direct transaction with no delay involved. The exchange rate can fluctuate without any restriction as long as it is between two different currencies. All citizens can buy whatever currency they require from within or outside the State, and they can purchase the required currency without obtaining prior permission or the like.
其证据是先知的话语:
Its evidence are the words of the Prophet :
.» وَبِيعُوا الذَّهَبَ بِالْفِضَّةِ وَالْفِضَّةَ بِالذَّهَبِ كَيْفَ شِئْتُمْ «.
.» وَبِيعُوا الذَّهَبَ بِالْفِضَّةِ وَالْفِضَّةَ بِالذَّهَبِ كَيْفَ شِئْتُمْ «.
“金与银可以随你意愿互换,银与金也可以随你意愿互换”(布哈里圣训集载,传自艾布·巴克拉)。又据马立克·本·奥斯·哈达萨尼传述,他说:“我来了,说:谁愿意为我的金子兑换迪拉姆?塔勒哈·本·欧拜杜拉(当时他正与欧麦尔·本·哈塔卜同坐)说:让我们看看你的金子,然后你过一会儿再来。等我们的仆人来了,我们就把你的银子给你。于是欧麦尔·本·哈塔卜(愿主喜悦他)说:绝对不行。奉安拉(SWT)之名起誓,要么把银子给他,要么把他的金子还给他,因为安拉的使者ﷺ说过:”
“and sell gold for silver and silver for gold as you please” (reported by Al-Bukhari from Abu Bakra), and it is reported from Malik b. Aws Al-Hadathan that he said: “I came saying who was prepared to exchange Dirhams (for my gold), whereupon Talha b. Ubaidullah (as he was sitting with 'Umar b. Khattib) 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. Thereupon 'Umar b. Al-Khattib (ra) said: Not at all. By Allah (swt), either give him his silver, or return his gold to him, for Allah (swt)'s Messenger (pbuh) said:
「白银与黄金交换即是利息(高利贷),除非即时交割(当面交付)。」(穆斯林圣训实录收录)
.» الْوَرِقُ بِالذَّهَبِ رِبًا إِلَّا هَاءَ وَهَاء «. Exchange of silver for gold is interest (usury) except when (it is exchanged) on the spot (hand to hand).” (reported by Muslim).
据传,巴拉·本·阿兹布与宰德·本·阿尔କam曾经是合伙人,他们以现金和赊账的方式买入白银。当真主的使者(愿主福安之)得知此事后,便吩咐他们道: Note: I must correct my output: the name "Zayd Bin Arqam" should read correctly as 宰德·本·阿尔各姆. Corrected translation below. 据传,巴拉·本·阿兹布与宰德·本·阿尔各姆曾经是合伙人,他们以现金和赊账的方式买入白银。当真主的使者ﷺ得知此事后,便吩咐他们道:
It is reported that Al-Bara’ b. ‘Azib and Zayd Bin Arqam used to be partners, and so they bought silver for money and a deferred payment, and when the Messenger of Allah (pbuh) heard about this he ordered them with the words:
. » أَنَّ مَا كَانَ بِنَ قْدٍ فَأَجِيزُوهُ، وَمَا كَانَ بِنَسِيئَةٍ فَ رُدُّوه «.
. » أَنَّ مَا كَانَ بِنَ قْدٍ فَأَجِيزُوهُ، وَمَا كَانَ بِنَسِيئَةٍ فَ رُدُّوه «.
“凡以现金支付的,是被允许的;凡是延期支付的,必须退回(予以拒绝)。”这段圣训由艾哈迈德从阿布·敏哈勒处传述。布哈里则转述苏莱曼·本·阿比·穆斯林的话,他说:“我问阿布·敏哈勒关于即时兑换货币的事。他说:‘我和我的一位合伙人买了一样东西,一部分付现金,一部分赊购。’巴拉厄·本·阿齐卜经过我们身边,我们便问他这件事。他回答说:‘我和我的合伙人宰德·本·阿尔古姆也这样做过,之后我们去见先知ﷺ,向他询问此事。他说:”
“Whatever is paid by money is permitted, and whatever is a deferred payment must be returned (rejected).” reported by Ahmad from Abu Al-Minhal, and Al-Bukhari reported from Sulaiman Bin Abi Muslim who said: “I asked Abu Al- Minhal about money exchange from hand to hand. He said: “I and a partner of mine bought something partly in cash and partly on credit.” Al-Bara’ b. ‘Azib passed by us and we asked about it. He replied: “I and my partner Zayd Bin Al-Arqam did the same and then went to the Prophet and asked him about it. He said:
.» أَنَّ مَا كَانَ بِنَ قْدٍ فَأَجِيزُوهُ، وَمَا كَانَِ نَسِيئَةً فَ رُدُّوه «.
.» أَنَّ مَا كَانَ بِنَ قْدٍ فَأَجِيزُوهُ، وَمَا كَانَِ نَسِيئَةً فَ رُدُّوه «.
“凡以钱支付的,即为允许;凡是延期支付的,必须退回(予以拒绝)。”;换言之,他们是货币兑换商。这些圣训是货币兑换许可的证据,这种兑换既可以发生在国内交易中,也可以发生在国外交易中。正如一种货币的黄金可以与其白银相互兑换一样,外国货币也可以兑换为本国货币,无论这一兑换是在国内进行还是在国外进行。当两种不同的货币相互兑换时,它们之间存在一个差额,称为汇率。汇率是某国货币中纯金的重量与另一国货币中纯金的重量之间的比例。因此,汇率会随着这一比例的变化,以及各国黄金价格的变化而变化。
“Whatever is paid by money is permitted, and whatever is a deferred payment must be returned (rejected). ””; in other words, they were currency traders. These narrations are evidence for the permissibility of currency exchange, and this can take place in domestic transactions as well as foreign transactions, so just as the gold of a currency can be exchanged for its silver and vice versa, in the same way foreign money can be exchanged for local money, irrespective of whether that was done domestically or outside the country, and when two different currencies are exchanged there is a difference between them called the exchange rate. The exchange rate is the proportion between the weight of pure gold in the currency of a state and the weight of pure gold in the currency of another state. For this reason, the exchange rate will change according to the change in this proportion and according to the change of price of gold in the countries.
由于当代纸币中存在货币与价值的"伊莱"(Illah),因为国家法律规定以其进行货币交易具有约束力,所以黄金与白银之间的兑换规则同样适用于当代纸币。原因在于,关于兑换的圣训所涉及的是铸造的金银,它们是作为一类物品的名称出现的,其中并不包含可以从中推导出理解、也没有进行类比的内容。同样的情形也适用于第纳尔与第尔汗铸币,而由此可以推导出货币的"伊莱",即其用于定价和支付工资的功能,并据此进行类比。因此,在前面提到的马立克·本·奥斯的圣训中,他曾兑换第尔汗,而"第尔汗"一词被理解为货币。据此,凡是适用于金银兑换的允许与禁止之规定,也适用于依照当代各国法律而流通的法定货币之间的兑换:同一类别的货币之间的兑换必须当场交割且数额相等;不同类别的货币之间的兑换必须当场交割,而两者之间的价格则可以自行约定。
The rules of exchange between silver and gold apply to contemporary paper money because the Illah (money and value) are present in it due to law of the State binding monetary transactions with it. That is because the narrations regarding exchange are reported to do with minted gold and silver as names of a genus, which has no understanding derived from it nor is any analogy made to it, and in the same manner the reports came to do with Dinar and Dirham coinage, and from this the Illah of money can be derived, in other words, its use for prices and wages, and so analogy can be made from that. So in the narration of Malik b. Aws mentioned previously he used to exchange Dirhams, and Dirhams is a word which is understood as money. And so accordingly whatever is applied to the exchange between gold and silver in terms of what is permitted and prohibited is applied to exchange between fiat currency according to the contemporary laws of states, in other words, the exchange between one genus must be exchanged on the spot and in equal amounts, and exchange between two different types must be done on the spot, but the price between the two can be as you please.
伊斯兰教法对汇率的规定是允许的,不受任何限制,因为货币兑换是被允许的,因此兑换的价格(汇率)也是被允许的。据此,任何人都可以按照自己所希望的价格购买其想要的货币,这一切都属于兑换的合法范围。
The Shari’ah rule regarding exchange rate is that it is permitted, and is not restricted by anything, since currency exchange is permitted, and so accordingly the price of exchange (exchange rate) is permitted. Hence, anyone can buy a currency which he wants according to the price which he desires, and all of that falls under the permissibility of exchange.
这是对本文所论货币兑换之许可,以及其价格可以波动之许可的证据。
This is the proof of this article for the permissibility of currency exchange, and the permissibility for its price to fluctuate.