Document Type : Science - Research (Islamic Fiqh Rules)

Author

• Mahdi Hakimian

M.A. in Finance, Imam Sadiq University, Tehran, Iran

Abstract

Buying stocks on margin is one of the most important tools for the growth and prosperity of the capital markets in countries. In conventional finance, buying stocks on margin is on the basis of a loan agreement considered to be usurious (due to paying fixed interests) hence forbidden in Imamiah jurisprudence. This is, therefore, prohibited in the Iranian capital market. Currently, buying stocks on margin in the Islamic capital market of Iran is based on the hybrid contract of partnership (Murabahah) which has problems with efficiency.
    In this paper, after reviewing and defining the buying of stocks on margin and explaining its method in the conventional financial system and Iran, its jurisprudential problems and implementation have been discussed and an alternative strategy has been presented. This research is an applied one, using an analytical-descriptive methodology and expert opinion survey. It has presented a comprehensive solution i.e. a hybrid contract which is Power of Attorney& hire purchase agreement that hasn’t the defects and imperfections of the partnership (Murabahah) which is currently taking place in the capital market of Iran, and at the same time increases the efficiency of buying stocks on margin in the financial system.

Keywords

• Buying on Margin
• Sukuk
• Islamic Capital Market
• Islamic Finance
• Hybrid Contract. JEL Classification: G23
• Z12

20.1001.1.22518290.1399.9.2.11.1