Trading on the Indian Share Market

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am trading in Indian share market. When I purchase a share it comes into my demat account (SHARE HOLDING ACCOUNT) after 3 days. Whereas when I sell the share it goes off from my demat account after 1 day. I know that it is forbidden to sell which is not in your possession. I have few questions in my mind.

1) As per the Indian stock market system I can purchase and sell at any time. But as per many Muslim scholars we should sell only when it comes into our possession. So I sell the shares after 3 days only though if I suffer losses. If I see losses then can I sell the shares before 3 days?

2) When the share are in my possession after 3 days then sometimes I want to sell it first and the buy it later on the same day. Is it a short sell? I want to clarify the mechanism for this scenario. I have 20 shares of xyz company in my account. I have sold it at higher amount and bought it at lesser amount on the same day. That means it should be deducted from my demat account and then again should be added to my account. As explained in point 1 it should take 3+1 day to complete the cycle. But this does not happen technically. Technically the shares remain my demat account. My question is- Is it permissible to do so? Or If I want to rebuy the shares then should I but it next day so that it goes from my demat account and then again comes into my account?

Bismillaah

A: If you gain control and ownership of the shares and it is just a matter registering it on your name then you may sell it before the third day.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

Sidebar