Reconciling the irreconcilable (talfeeq): The case of currency salam
本文论证货币萨拉姆(一种伊斯兰金融产品)因违反伊斯兰教法中的利息禁令而应被禁止,并指出其合法性源于一种错误的调和不同观点的逻辑方法(talfeeq),可能损害伊斯兰银行的合规信任。
Abstract Currency salam is a financial product in the basket of Islamic finance that facilitates dealings in discounting of bills. Moreover, it allows provision for speculative future currency trading. This article shows that currency salam is prohibited in the light of Islamic rules of riba . Researchers have held three positions about modern currencies. The paper shows that the permissibility of currency salam is derived by combining together these three irreconcilable views about modern currencies. In other words, currency salam is the outcome of a fallacious methodology known as talfeeq which is merely a device of creating legal artifices ( hiyal ) for satisfying one's desires. It is argued that the permission of currency salam must be rejected because it is riba and it opens up the flood‐gate for financial speculations in the name of Islam. The paper also attempts to draw attention of the regulatory authorities to tackle this issue seriously as it will adversely affect the trust on Islamic banking regarding its Shariah compliance.