Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
Also visitSystem Of Islam
Built with love by StudioToronto.ca
Quran Course
All BooksDownloads
All BooksDownloadsSystem Of Islam
0%
Draft Constitution of the Khilafah State9 min readViewed 6 times

Article 167


The currency of the State is to be restricted to gold and silver, whether minted or not. No other form of currency for the State is permitted. The State can issue something as a substitute for gold or silver provided that the Bayt Al-Mal has the equivalent amount of gold and silver to cover the issued coinage. Thus, the State may issue coinage in its name from brass, bronze or paper notes and so on as long as it is covered completely by gold and silver.

When Islam decided the rules of selling and hiring, it did not specify what would be exchanged for the goods or service and benefit such that upon that basis that thing would become obligatory. Rather it left man to exchange using anything as long as there was mutual consent for that exchange, and so it is permitted to marry a woman upon teaching her sewing, and to buy a car in exchange for working in the factory for a month, and it is permitted to work for an individual for a specific amount of sugar. The Shari’ah left the issue of exchange open for people so that they could base it upon whatever they wanted, which is proven by the generality of the evidences for trade and hiring such as:

“And Allah (swt) has permitted trade” (TMQ 2:275) – for anything and by anything, and the narration:

.» أَعْطُوا الأَجِيرَ أَجْرَهُ قَبْلَ أَنْ يََِفَّ عَرَقُه «.

“Give the worker his wages before his sweat dries.” (reported by Ibn Maja); in other words, that the worker should receive his salary when he finishes his work, whatever the nature of that wage. Additionally, these things that are used for exchange are not actions such that they would in origin be restricted (to the evidence) and so their permission would require an evidence, but rather they are things. The origin regarding things is that they are permitted as long as there is no evidence to prohibit them, and there is no evidence reported which prohibits using anything as an exchange, and so accordingly it is permitted to carry out Shari’ah transactions with them whether buying and selling, giving as a gift or exchanging with the exception of anything where there is a text prohibiting its exchange. Based upon this, exchanging goods for money, and money for goods is permitted without any restrictions, except for exchanging money with money because it has specific rules and so it is restricted by those rules. In the same manner, exchanging effort for money, and money for effort, is permitted without restriction unless the goods or service have been mentioned in a text as being forbidden. Accordingly, to exchange goods for a specific form of money, and in the same manner to exchange a service or effort for a specific unit of money, is also permitted without any restriction, whatever the unit of that money may be. So irrespective of whether that unit doesn’t have anything backing it, such as fiat currency, or if it was backed by a specific amount of gold , such as secured paper currency, or if the unit was backed by gold and silver to its value such as representative paper currency, all of them are considered to be allowed to trade with. Therefore, it is correct to exchange goods or services for any unit of money and it is permitted for the Muslim to sell for any currency and to buy with any currency and to hire with any currency and to be employed for any currency.

However, if the State wanted the lands that it ruled to adopt a specific unit of money, such that it implements the rules of the Shari’ah related to finance from the angle of it being wealth such as Zakah, exchange, interest and anything else, and the rules related to the individual who owned the wealth such as blood money, the minimum stolen amount that would be considered theft, and so on, then it does not have an open hand to use any specific monetary unit, but rather it is restricted to use only a specific type of money and no other. The Shari’ah specified the monetary unit, from a specific genus which the text mentioned, and this is gold and silver. So if the State wanted to issue a currency, it is restricted to the money being gold and silver and nothing else. The Shari’ah did not leave the State to issue any money it pleased, from any type it wanted, but rather it specified the monetary units which the State could make as a currency for itself if it wanted to issue a currency with specific monetary units; which are gold and silver alone. The evidence for this is that Islam connected to gold and silver with fixed rules, and without any change. So when blood money was specified, it was specified from a specific amount of gold, and when the cutting of the hand of the thief was obligated, the minimum amount that the punishment would be applied for was specified from gold; the Messenger (pbuh) said in his message to the people of Yemen:

. ؤْمِنَةِ مِاْئَةٍ مِنَ الإِبِلِ، وَعَلَى « ُ » وَأَنَّ فِي النَّفْسِ الم أَهْلِ الْوَرَقِ أَلْفُ دِينَارٍ .

“and for the believing soul (if killed) it is one hundred camels, and for the people of silver one thousand Dinars” (mentioned by Ibn Qudamah in Al-Mughni from what was reported from ‘Amru b. Hazim from the letter of the Messenger of Allah (pbuh) to the people of Yemen). And in the report in Al-Nisa’i regarding the letter of the Messenger of Allah (pbuh) to the people of Yemen: “and upon the people of gold it is one thousand Dinars” in place of: “people of silver”. And he said:

. » لا تقُْطَعُ يَدُ السَّارِقِ إِلاَّ فِي رُبْعِ دِينَارٍ فَصَاعِدًا «.

“Do not cut (the hand) except for a quarter of a Dinar and more” (reported by Muslim from Aisha(ra)).

This defines specific rules with Dinars and Dirhams, and the weight of the Dinar measured by gold, and the Dirham by silver, which made them monetary units analogous to the value of objects and effort. This monetary unit is the currency and its basis. The fact that the Shari’ah textually connected gold and silver to the Shari’ah rules when these rules were related to currency is evidence that the currency can only be from gold and silver alone.

Additionally, when Allah (swt) obligated Zakah, He (swt) obligated it upon gold and silver alone, and specified the Nisab from gold and silver, and so the consideration that the Zakah upon money is by gold and silver specifies that the currency is gold and silver, and if there was a currency other than them then Zakah for money would have been obligatory upon it. Because there is no text for Zakah upon money except upon gold and silver, this indicates that there is no consideration for any other type of money. Also, the rules of currency exchange which were revealed regarding monetary transactions alone addressed gold and silver alone and all of the financial transactions mentioned in Islam are dealt with in gold and silver. And currency exchange is to sell money for money, either to sell one type of money with itself, or to sell it for another type of money, and by another expression currency exchange is to sell a currency for a currency. The Shari’ah specified currency exchange – which is a purely monetary transaction – with gold and silver alone, which is a clear evidence that the currency must be from gold and silver and nothing else. He said:

.» وَبِيعُوا الذَّهَبَ بِالْفِضَّةِ وَالْفِضَّةَ بِالذَّهَبِ كَيْفَ شِئْتُمْ «.

“Sell gold for silver as you please” (reported by Al-Bukhari from Abu Bakra). And Muslim reported similar to it through Ubada Bin Al-Samit. The Messenger (pbuh) also said:

.» الذَّهَبُ بِالْوَرِقِ رِباً إِلاَّ هَاءَ وَهَاء «.

“Gold for silver is interest (usury) unless it is exchanged hand to hand” (agreed upon from Umar).

Above that, the Messenger (pbuh) specified gold and silver as money, and made them alone the measures of monetary value which the values of goods and efforts were measured against, and upon which basis transactions were carried out. The measures for this currency were the Awqiya, the Dirham, the Daniq, the Qirat, the Mithqal, and the Dinar. These were all well known and famous at the time of the Prophet , and the people would transact with them. And it is confirmed that he consented to them. All of the trade and marriages took place with gold and silver, as has been confirmed by several authentic narrations, and so the fact that the Messenger (pbuh) made gold and silver the currency, and the fact that the Shari’ah linked some of the Shari’ah rules with them alone, and that Zakah upon money is limited to them, and currency exchange and financial transactions were limited to them, are all clear evidence that the money of Islam is only gold and silver and nothing else.

However, it is necessary to be clear that the fact that the Shari’ah specified the currency that the State can issue as being monetary units from gold and silver, does not mean that the State restricts the exchanges between the people in the lands which are ruled by this currency, rather it means that the Shari’ah rules which the Shari’ah specified the use of these specific monetary units cannot be carried out other than in accordance with this money. As for general exchanges, they remain permitted as brought by the Shari’ah. It is not permissible for the State to restrict them to a particular unit; in other words, it is not permissible to restrict them to its or any other currency, since this restriction would be the forbiddance of something permitted, which is not permitted for the State to do. However, if the State thought that permitting any other currency in the lands it had authority over would lead to damaging its currency, its finance or its economy, in other words, would lead to harm, then it would be permitted to prevent it in accordance with the principle: “The means to something forbidden is also forbidden”. In the same manner, if it thought that a particular currency would lead to that harm, then it could prohibit that currency in accordance with the rule: “If one type of a permitted thing leads to harm then only that one is prohibited, and the thing remains permitted”. This is also applied to exporting the currency of the State, and importing and exporting foreign currency, in the same way that it is applied upon the transactions within the State.

← Previous chapterNext chapter →
Chapters (210)
  1. 1Constitution
  2. 22 General Rules
  3. 3Article 1
  4. 4Article 2
  5. 5Article 3
  6. 6Article 4
  7. 7Article 5-6
  8. 8Article 7
  9. 9Article 8
  10. 10Article 9
  11. 11Article 10
  12. 12Article 11
  13. 13Article 12
  14. 14Article 13
  15. 15Article 14
  16. 16Article 15
  17. 183 The System of Ruling
  18. 19Article 16
  19. 20Article 17
  20. 21Article 18
  21. 22Article 19
  22. 23Article 20
  23. 24Article 21
  24. 25Article 22
  25. 26Article 23
  26. 274 The Khalifah
  27. 28Article 24
  28. 29Article 25
  29. 30Article 26
  30. 31Article 27
  31. 32Article 28
  32. 33Article 29
  33. 34Article 30
  34. 35Article 31
  35. 36Article 32
  36. 37Article 33
  37. 38Article 34
  38. 39Article 35
  39. 40Article 36
  40. 41Article 37
  41. 42Article 38
  42. 43Article 39
  43. 44Article 40
  44. 45Article 41
  45. 465 The Delegated Assistants Tafwid
  46. 47Article 42
  47. 48Article 43
  48. 49Article 44
  49. 50Article 45
  50. 51Article 46
  51. 52Article 47
  52. 53Article 48
  53. 546 The Executive Assistant Tanfidh
  54. 55Article 49
  55. 56Article 50
  56. 57Article 51
  57. 587 The Governors
  58. 59Article 52
  59. 60Article 53
  60. 61Article 54
  61. 62Article 55
  62. 63Article 56
  63. 64Article 57
  64. 65Article 58
  65. 66Article 59
  66. 67Article 60
  67. 688 The Amir of Jihad The Military Department The Army
  68. 69Article 61
  69. 70Article 62
  70. 71Article 63
  71. 72Article 64
  72. 73Article 65
  73. 74Article 66
  74. 75Article 67
  75. 76Article 68
  76. 77Article 69
  77. 789 The Internal Security
  78. 79Article 70
  79. 80Article 71
  80. 81Article 72
  81. 8210 The Foreign Affairs Department
  82. 83Article 73
  83. 8411 The Department of Industry
  84. 85Article 74
  85. 8612 The Judiciary
  86. 87Article 75
  87. 88Article 76
  88. 89Article 77
  89. 90Article 78
  90. 91Article 79
  91. 92Article 80
  92. 93Article 81
  93. 94Article 82
  94. 95Article 83
  95. 96Article 84
  96. 97Article 85
  97. 98Article 86
  98. 99Article 87
  99. 100Article 88
  100. 101Article 89
  101. 102Article 90
  102. 103Article 91
  103. 104Article 92
  104. 105Article 93
  105. 106Article 94
  106. 107Article 95
  107. 10813 The Administrative System
  108. 109Article 96
  109. 110Article 97
  110. 111Article 98
  111. 112Article 99
  112. 113Article 100
  113. 114Article 101
  114. 11514 The Treasury Bayt al Mal
  115. 116Article 102
  116. 11715 The Media
  117. 118Article 103
  118. 119Article 104
  119. 12016 The Ummah Council The Consultation Shura and Accounting Muhasabah
  120. 121Article 105
  121. 122Article 106
  122. 123Article 107
  123. 124Article 108
  124. 125Article 109
  125. 126Article 110
  126. 127Article 111
  127. 12817 The Social System
  128. 129Article 112
  129. 130Article 113
  130. 131Article 114
  131. 132Article 115
  132. 133Article 116
  133. 134Article 117
  134. 135Article 118
  135. 136Article 119
  136. 137Article 120
  137. 138Article 121
  138. 139Article 122
  139. 14018 The Economic System
  140. 141Article 123
  141. 142Article 124
  142. 143Article 125
  143. 144Article 126
  144. 145Article 127
  145. 146Article 128
  146. 147Article 129
  147. 148Article 130
  148. 149Article 131
  149. 150Article 132
  150. 151Article 133
  151. 152Article 134
  152. 153Article 135
  153. 154Article 136
  154. 155Article 137
  155. 156Article 138
  156. 157Article 139
  157. 158Article 140
  158. 159Article 141
  159. 160Article 142
  160. 161Article 143
  161. 162Article 144
  162. 163Article 145
  163. 164Article 146
  164. 165Article 147
  165. 166Article 148
  166. 167Article 149
  167. 168Article 150
  168. 169Article 151
  169. 170Article 152
  170. 171Article 153
  171. 172Article 154
  172. 173Article 155
  173. 174Article 156
  174. 175Article 157
  175. 176Article 158
  176. 177Article 159
  177. 178Article 160
  178. 179Article 161
  179. 180Article 162
  180. 181Article 163
  181. 182Article 164
  182. 183Article 165
  183. 184Article 166
  184. 185Article 167
  185. 186Article 168
  186. 187Article 169
  187. 18819 The Education Policy
  188. 189Article 170
  189. 190Article 171
  190. 191Article 172
  191. 192Article 173
  192. 193Article 174
  193. 194Article 175
  194. 195Article 176
  195. 196Article 177
  196. 197Article 178
  197. 198Article 179
  198. 199Article 180
  199. 20020 Foreign Policy
  200. 201Article 181
  201. 202Article 182
  202. 203Article 183
  203. 204Article 184
  204. 205Article 185
  205. 206Article 186
  206. 207Article 187
  207. 208Article 188
  208. 209Article 189
  209. 210Article 190
  210. 211Article 191