What is the ruling on exchanging currencies between two different countries (France and Tunisia) through two intermediaries, where one receives euros in France and the other delivers their equivalent in Tunisian dinars in Tunisia, given that the two parties agree on an exchange rate higher than the market rate, and do the hadiths of "possession in the same place" apply to it?
Financial transactions include exchanging, transferring, and converting money. Taqabud (mutual possession) is required in the contract session when exchanging currencies. Receiving a certified check or a wire transfer document serves as constructive possession (qabd hukmi).
If the operation is conducted through an entity that provides a certified check or an accredited wire transfer document, there is no objection. However, if the dealing is with an individual who does not provide these, the transaction is impermissible.
For correction, one can: 1. Send the currency to your family for them to exchange themselves. 2. Pay your country's currency to someone to deliver it personally to your family in exchange for a commission (agency for a fee). 3. Pay your country's currency as a loan, and a similar amount will be delivered to your family (a bill of exchange/ saftaja). 4. Achieve taqabud by having the contracting parties and their agents gather at the same time, as the agent's possession is like the principal's possession.
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- Original fatwa ID
- 18180
- Imported
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