Question :
A question was asked regarding [the validity of buying/selling] shares (ashum) in banks.
Fatwa in Brief: This is illegal, as the work of
banks is illegal.
Shaykh Ibn al-‘Uthaymin, 9/7/1412
Response:
It is permitted to buy [and sell] shares in a company
that works in an Islamically viable field. [On the other
hand] It is not permitted to deal with companies that
trade in illegal, morally corrupt (khabith)
fields.
Commentary:
It is legal to buy [and trade in] the shares of a
company that works in a legal and Islamically viable (tayib)
field. Its dealings must be free, therefore, of usury,
cheating, monopoly, fraud, betrayal, ignorance, gambling
or any method of cheating people out of their money (akl
amwal al-nas bil-batil). In contrast, it is illegal
to deal with companies that work in illegal, morally
corrupt fields.
Those who buy shares in a company that operates
illegally [according to Islamic law] with the intention
of changing this company [from within], so that it no
longer acts contrary to the demands of Islamic law, are
performing a service to Islam. For by doing this, s/he
increases its spread and influence. The jurists disagree
as to whether or not it is permitted to do so; if s/he
is not able to change the company at the time s/he buys
the shares, but rather aims to do so in the future and
through the committees of General Assembly and the
Governing Council. In either case, any interest earned
must be spent on a noble cause (khayr).[1]
Dr. Anas Abu Shadi
[1]
Shaykh Atiyya Saqr, Fatawa Dar al-Ifta’ al-Misriyya,
no. 8, May 1997.
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