Its current use
is still limited
to a particular
business.
Can be used
freely while
still in the
territory
Its use is
limited to
business
owners who
have
cooperation
with publishers
Figure 1: How Bitcoin works
2.2 Electronic Money and Virtual
Money
In Conventional economics, money functions as: 1)
medium of exchange; 2) standard of value or unit of
account; 3) store of value or store of wealth; 4)
standard of deferred payment. However, this is
different from the Islamic economic system that only
recognizes the function of money as a medium of
exchange and unit of account. As for the store of
value and standard of deferred payment is still a
debate among Islamic economists (Hasan, 2005).
Islam does not set in detail how the terms of a
currency because when Islam emerged already
contained the currency first. Based on the agreement
the terms of the currency are: 1) acceptability (the
money is widely accepted by the public and its
users), 5) divisibility (can be divided into smaller
fractions), 6) legal tender (no government
guarantee), 7) portability (easy to carry anywhere),
and 8) durability (last long and not easily damaged
when stored) (Nubika, 2018).
In 2012 the European Central Bank defines as a
form of non-regulated currency created and
supervised by the developer for use by its
specialized members of the virtual community
(Sondakh, 2016).
While the US Department of Treasury in 2013
states explicitly that virtual money as a medium of
exchange that operates like a currency in certain
environments, but does not have any attribute as a
real currency. So virtual money has no definition as
legal tender. In the case of regulation itself,
circulation cannot be controlled by the local Bank
Central. What distinguishes the virtual money with
electronic money (digital) is related to its existence
that still has the original money underlying. As often
used in debit card transactions, e-cash, e-tol, go-pay,
and the like, the numbers shown in the digital
nominal are representations of the ownership of a
certain amount of fiat nominal value. In this case the
ministry of finance and Bank Central have
regulation related to this matter and its circulation
can still be supervised.
2.3 Bitcoin Position In Fiqh Perspective
and Islamic Finance
In fiqh perspective, currency terms are known as
nuqud (Hasan: 2005). As a currency, money cannot
be a commodity at the same time, because fiqh law
has different rules between commodities and
currencies. Money will not be used as an investment
object because money is a medium of payment.
Currency exchange (sharf) may only be carried out
with special conditions formulated in Fatwa Dewan
Syariah Nasional-Majelis Ulama Indonesia (DSN-
MUI) or the Accounting and Audit Organization for
Islamic Financial Institutions (AAOIFI). The main
problem that arises in Bitcoin is not only a character
that is not stable and does not have legal tender, but
its own function which is used as an investment
medium (commodity/financial assets) makes its
form increasingly unclear (containing syubhat). The
terms of riba will apply to money that contains
profits from sales, in contrast to goods that are
indeed allowed to profit from buying and selling
activities. Based on fiqh, Bitcoin contains a lot of
syubhat and is not recommended for use.
Cryptocurrency position with foreign currency is
not the same. In Indonesia for example, the money
that applies is money issued by a trusted government
agency (for example rupiah), but may exchange it
for foreign money (for example dollars) under
certain conditions such as foreign travel, investment
or trade in goods and services related to international
market (Bank Indonesia Regulation no. 18/20 pbi
2016. In Indonesia itself, Bank Indonesia bans
transactions using virtual currency (bitcoin) (Bank
Indonesia regulation chapter VII article 34 number
14/40 /pbi/ 2016. In AAOIFI and Fatwa standards
DSN-MUI states that foreign currency transactions
may only be done directly/spot and may not be
forwarded to avoid potential gharar and riba due to
changes in the value of a currency in the future.
Although some foreign currencies are often
unstable (sometimes weakening and rising), they are
still within reasonable limits. Changes in the value