This article is originally written in Bahasa Indonesia. OpenAI’s o1-mini is used to translate the article into English. Original article can be read here
The most beneficial investment is charity, because through charity Allah will increase our wealth, and it becomes a form of gratitude for the blessings of Allah. All of the Prophet’s companions, peace be upon him, who were wealthy were known for their charity, which perhaps cannot be measured by today’s standards.
The reward that Allah gives us through charity is far greater than the percentages promised by human investments.
This does not mean that investing is prohibited, but remember that there is something more virtuous.
This article is written to explore what investment options are generally available today and can be directly accessed by individuals. It is written by studying sources from:
If there are any mistakes, may Allah forgive me.
Mutual Funds
Mutual funds are investment instruments that pool funds from various investors to be managed by an Investment Manager. In their operation, there are four main parties: Investor, Investment Manager, Issuer, and Custodian Bank.
Sharia Issues
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Lack of Direct Ownership: Investors do not obtain direct proof of ownership over the Issuer’s business, which can be detrimental if losses occur.
-
Compensation System: The compensation system of the Investment Manager and Custodian Bank is based on a percentage, which contradicts the principle of fixed wages in Islamic sharia.
An example of a compensation calculation that causes the Investor to incur significant losses:
- Initial Investment: Investor deposits funds of Rp 100,000,000.
- Year One:
- Investment value increases to Rp 110,000,000.
- Year Two:
- Investment value decreases to Rp 90,000,000.
- Year Three:
- Investment value increases to Rp 120,000,000.
In this calculation, the Investment Manager and Custodian Bank will take a commission of 10% of the investment value each year. Regardless of the profit or loss of the Investor and Issuer, the Investment Manager and Custodian Bank will always receive a 10% commission.
Detailed Calculations:
-
Year 1:
- Investment Value: Rp 110,000,000
- Commission: 10% x Rp 110,000,000 = Rp 11,000,000
- Investment Value after Commission: Rp 110,000,000 - Rp 11,000,000 = Rp 99,000,000
-
Year 2:
- Investment Value: Rp 90,000,000
- Commission: 10% x Rp 90,000,000 = Rp 9,000,000
- Investment Value after Commission: Rp 90,000,000 - Rp 9,000,000 = Rp 81,000,000
-
Year 3:
- Investment Value: Rp 120,000,000
- Commission: 10% x Rp 120,000,000 = Rp 12,000,000
- Investment Value after Commission: Rp 120,000,000 - Rp 12,000,000 = Rp 108,000,000
In this case, the one most disadvantaged is the Investor, while the Investment Manager and Custodian Bank always profit.
Because of this, there is an injustice occurring in this investment process. Does this injustice make mutual funds considered entirely haram, or is the investment contract itself halal but there is injustice on the part of the Investment Manager and Custodian Bank separately? I do not have sufficient knowledge to provide a more accurate conclusion.
Fatwa DSN-MUI No. 20/DSN-MUI/IV/2001 on Guidelines for Sharia Mutual Fund Investments
Stocks
Stocks are proof of ownership of a company’s capital that can be traded in the capital market.
Sharia Issues
- Short-Selling: Short-selling is considered haram because it involves elements of speculation.
- Permissible Conditions: Purchasing stocks can be allowed with the following conditions:
- The company operates in a halal (permissible) sector.
- The company does not invest funds in interest-based instruments.
- The company does not use interest-bearing debt.
- Transactions are conducted directly.
Therefore, as long as the company is halal and there is no speculation through short-selling, investing in stocks is permissible, God willing.
“Allah has permitted trade and has forbidden usury.”
(Al-Baqarah: 275)
Fatwa DSN-MUI No. 40/DSN-MUI/X/2003 on Capital Markets and General Guidelines for the Application of Sharia Principles in the Capital Market
Bonds
Bonds are debt securities stating that the issuer borrows a certain amount from the bondholder and has an obligation to pay interest periodically and repay the principal at a predetermined time.
Sharia Issues
Conventional bonds involve elements of riba (usury) due to the interest set at the beginning.
“O you who have believed, do not consume usury, doubled and multiplied.”
(Ali Imran: 130)
Time Deposits
Time deposits are bank deposit products where withdrawals can only be made at specific times based on an agreement between the customer and the bank.
By depositing money in the bank, the bank will use that money to generate profits, and the customer will receive profits from the interest provided by the bank.
Sharia Issues
Banks typically offer customers the option to deposit funds for a specific period, promising interest based on the amount and duration of the deposit.
- Fixed-Term Deposits: Customers cannot withdraw funds before the agreed time.
- Flexible Deposits: Customers can withdraw funds at any time, usually receiving lower interest.
Both types involve riba because the bank guarantees the safety of the funds and provides interest to the customer.
Fatwa DSN-MUI No. 03/DSN-MUI/IV/2000 on Deposits
Savings Plans
Savings Plans share similar characteristics with Time Deposits, so their sharia rulings align with those for Deposits in Islam, meaning they involve riba.
Gold
Investing in gold is generally done by purchasing physical gold, storing it, and selling it when the price increases or when needed.
Sharia Provisions
Transactions involving gold must meet the following conditions:
- Conducted in Cash: The exchange must be immediate.
- Equal Weight: If exchanged with gold, the quantities must be equal.
“Gold for gold, silver for silver, … must be equal and hand to hand (immediate exchange).”
(Hadith narrated by Muslim)
Property
Investing in property is generally considered halal in Islam. Property is purchased, held, and sold when its value appreciates.
“And Allah has permitted trade.”
(Al-Baqarah: 275)
Peer-to-Peer Lending (P2P)
P2P lending involves direct transactions between investors and borrowers, even if facilitated by a platform.
In Islam, lending is a social act and should not be used for profit-making purposes.
Therefore, P2P lending involves riba because it entails lending money with the condition that it will be returned with interest.
“Allah destroys interest and gives increase for charities.”
(Al-Baqarah: 276)
Sukuk (Islamic Bonds)
Sukuk are bonds issued by the Indonesian government based on sharia principles. The government offers to sell an asset, such as land; the buyer then leases the land back to the government, and the government pays rent. There is an agreement that the government will repurchase the land at a predetermined price.
Sharia Issues
Such Sukuk arrangements resemble ‘Inah sales, where:
- The seller offers goods on credit and guarantees to buy them back, usually at a lower price.
Example:
- Initial Asset: Seller owns a car worth Rp 100,000,000.
- Credit Sale: Offered to the buyer for Rp 100,000,000 to be paid later.
- Guaranteed Buyback: Seller guarantees to repurchase the car at Rp 50,000,000 after one year.
Calculation Flow:
- Seller’s Starting Point: Has a car worth Rp 100,000,000.
- Buyer Purchases on Credit: Buyer owns the car; seller has a receivable of Rp 100,000,000.
- Seller Buys Back the Car: Pays Rp 50,000,000 to the buyer after one year.
- Buyer’s Position: Has Rp 50,000,000 cash but owes Rp 100,000,000 to the seller.
- Seller’s Gain:
- Regains the car worth Rp 100,000,000.
- Net receivable of Rp 150,000,000 (Rp 100,000,000 owed minus Rp 50,000,000 paid for buyback).
The seller effectively gains an additional Rp 50,000,000, which can be categorized as riba.
Government Securities
Government Securities (Surat Berharga Negara or SBN) are securities issued by the Indonesian government. Similar to bonds, the owner of SBN receives a return plus interest.
Conventional SBN involves elements of riba.
Law No. 19 of 2008 on State Sharia Securities
Cryptocurrency
The status of cryptocurrency in sharia is still debated. Some scholars permit it under certain conditions, while others prohibit it due to elements of gharar (uncertainty) and speculation.
It is safer to avoid cryptocurrency because it falls into a gray area (syubhat).
Foreign Exchange (Forex)
Spot forex trading is permissible in Islam. However, forex trading with margin or leverage systems is generally considered haram because it involves riba and gharar. The high level of speculation tends to lead to its prohibition.
Fatwa DSN-MUI No. 28/DSN-MUI/III/2002 on Currency Trading (Al-Sharf)
ORI (Obligasi Ritel Indonesia / Indonesian Retail Bonds)
ORI functions similarly to bonds, where the owner receives returns plus interest.
Conventional ORI involves elements of riba. The sharia-compliant alternative is Retail Sukuk issued by the government based on Islamic principles.
Fatwa DSN-MUI No. 69/DSN-MUI/VI/2008 on State Sharia Securities
Conclusion: Safest Investment Options from an Islamic Perspective
Based on the analysis of various investment options from an Islamic perspective, some choices that are generally considered safest and in accordance with sharia principles are:
- Charity (Sedekah)
- Sharia-Compliant Property
- Sharia-Compliant Stocks
- Gold and Silver
- Ethical Business and Partnerships
When considering these options, it’s important to remember key principles:
- Avoiding Riba (Usury)
- Avoiding Gharar (Excessive Uncertainty) and Maysir (Gambling)
- Investing in Halal Activities
- Sharing Risk
It’s crucial to conduct thorough research, seek advice from Islamic finance experts, and stay updated with the latest fatwas and decisions from trusted Islamic scholars or institutions like the Indonesian Council of Ulama (MUI).
This article is intended to help understand the commonly available investment options today and their positions based on sharia principles.
Wallahu a’lam bish-shawab — May Allah enlighten us about what is not yet known.