رهن وإقراض الأسهم وأحكامها الشرعية
The study aims to shed light on the operations of mortgaging and borrowing shares, and the legal rulings associated with them. Mortgaging a share is a consequence of the legality of the activity practiced by the institution or the person who owns the share. The shares of liquor, usury, and pork selling companies, as well as some types of preferred shares, may not be mortgaged because they are the result of commercial activities that are prohibited by Sharia, in addition to other legal determinants, including that the source of the company’s capital is lawful. While investigating what is lawful, and being careful not to fall into forbidden actions, every lie, betrayal, false rumors, monopoly, or gambling with shares, keeping away from suspicions, as many of them lead to the forbidden. As for the legal ruling related to lending shares, there is a difference of opinion among the scholars of the nation regarding it, but whoever ruled on the legitimacy of lending shares made it according to specific conditions related to the type of share, in terms of rights and duties, and the legality of the source of the share. Among the recommendations of the study: attaching a body or office to the legitimate markets that explains and interprets the legal aspects and legal limits with regard to dealing with shares, in terms of selling, mortgaging and lending, so that this office specializes in collecting information related to shares in terms of their type, source, and clarifying their legitimacy.
Keywords: Stock Market, Stocks, Stock Mortgage, Stock Lending.
Lami Basem HAMDAN, Istanbul Sabahattin Zaim University, Istanbul – TÜRKİYE