East Java Nahdlatul Ulama Regional Management Declares Cryptocurrency Haram

SURABAYA - The East Java Nahdlatul Ulama Regional Management (PWNU) declared Cryptocurrency haram. This decision was the result of Bahtsul Masail which was held two weeks ago.

"After we looked at the Sil'ah or Mabi' point of view in Islamic law or fiqh, the result was that cryptocurrencies were illegal," said the Secretary of the East Java Bahtsul Masail Nahdlatul Ulama Institute (NU LBM), Muhammad Anas, during a press conference at East Java PWNU, Tuesday, November 2.

Anas explained that Sil'ah is linguistically the same as Mabi', namely goods or commodities that can be contracted with a sale and purchase agreement. This is as explained in the book Mu'jam Lughati al-Fuqaha, Juz 2, page 401: al-mabi': as-sil'atu allatii jaraa 'alaihaa 'aqdu al-bai'i (Mabi' is a commodity that can accept the validity of the sale and purchase agreement).

In Islamic law, Anas continued, there are seven conditions for goods or commodities to be traded. First, the item must be pure (that is, the item can be known as holy or not if it is physically real); secondly, it can be used by the buyer in a syara' manner, with a use that is proportional to his customary property status.

Third, the goods can be handed over in hissy and syar'i, fourth, the contracting party controls the execution of the contract, fifth, knows either physically by looking or by the characteristics of the goods.

Sixth, safe from usury contracts, and seventh, safe from damage until the goods arrive in the hands of the buyer. This means that Sil'ah must consist of goods that can be guaranteed to be fulfilled. "In Cryptocurrency [the terms] don't exist," he said

Katib Syuriah of the East Java PWNU, Syafruddin Syarif, explained that the decision of the East Java NU LBM regarding Cryptocurrency law would be brought by the East Java PWNU, and it was proposed to be discussed in the bahtsul masail forum during the 34th NU Congress in Lampung on 23-25 December. There, argumentation will take place again between NU Islamic law experts throughout Indonesia.

It could be that the decision in the NU's bahtsul masail forum regarding Cryptocurrency law is different from the decision made by the East Java NU LBM.

"Because this is an organization, we follow the decision above, namely PBNU," said Kiai Syafruddin.