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Trading on the Stock Exchange

Answered as per Hanafi Fiqh by Mahmoodiyah

Question:

30.07.2004
 
Dear Mufti Sb.
 
All the companies who’s shares are traded in the Stock market are involved in Interest but basically are divided in two categories.
1st- who’s source of income is interest, like Banks and finance companies and
2nd- is the companies who have taken loan and pay interest only but their source of income is Halaal business like Mills and other Business organizations.
 

I am also doing some business in Stock Exchange and I have following questions regarding this business. 
 

Q1 : Please explain is it Halaal to purchase shares of any one from above and then sale with the rate difference.

 
Q2 : is it Halaal to take Divided/profit from any of above company.
 
Jazakumullah


Answer:

 

                  

If the source of income of a company is Haraam e.g. banks, finance and insurance companies, alcohol companies, etc then it will be totally Haraam to sell and purchase shares of such companies and the dividend/profit gained through it will also be Haraam.

 

If the source of income of a company is Halaal then it will be permissible to sell and purchase the shares of such companies and the dividend/profit will also be Halaal with the following conditions:

1.            If the company is paying interest on a loan that it has taken, then the shareholder must some how show his displeasure to the company about their taking this interest based loan.  This can be done by either writing a letter to the company stating his displeasure or by making mention of it in the company’s A.G.M. meeting (Annual General Meeting).

 

2.            If the assets of the company is only in cash form and it does not include any furniture, machinery, buildings, etc, then it will only be permissible to sell the shares of such a company at their face value, not more not less.  However, if the company’s assets include cash as well as furniture, machinery, building, etc, then it will be permissible to sell the shares at their market value also.

 

3.            Most companies, though their source of income is Halaal, collect interest that accrues on their surplus sum kept in the bank’s saving account which is later included in the dividend.  In this case one should first find out as to what percentage of interest the company’s income contains. This information can be obtained from the company’s income statement.  The shareholder must then discharge that percentage of the dividend in charity without intending reward.  (Islam aur Jadeed Ma’eeshat wa Tijaarat, Page 87-89)

 

And Allah Ta’ala knows best

Qasim bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

02 August 2004

15 Jumaadul Ukhraa 1425

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