Document Type : Science - Research (Islamic Finance Jurisprudence)

Authors

• seyed ahmad ameli ¹
• seyed amir hosseini ²

¹ kharazmi, tehran

² howzeh khorasan

Abstract

In many studies at the nature of stocks, the legal issues of the countries of origin of the concept of stocks have been referred to, however, the capacity of Legal foundations based on Islamic jurisprudence in studies the nature of stocks has been neglected in this category of studies and has caused some interpretations of the nature of stocks to be in conflict with the principles of Islamic jurisprudence and it to be a matter of serious disputes in terms of Shariah results, so first the nature of the stocks is checked to find out which of the types of property or rights or other titles the stocks belong to, and then after explaining the nature of the stocks It is possible to jurisprudence scrutiny and explain its results.

In this article, nine possibilities in the nature of stocks have been explained, after the initial explanation of each, the Strengths and weak points of each possibility have been explained. , After the explanation, in conclusion, the possible state of the nature of stocks that have the best conditions based on the acceptability of the jurisprudential explanation, are the ninth, third and fourth possibilities, respectively; and the explanation of the nature of stocks(ninth possibility): credit property as a common share of the market capitalization (where the market capitalization is the general credit property in common), independent of the company's legal personality, in addition to The best jurisprudential explanation is also the most acceptable in shareholding custom

Keywords

• Nature of stocks
• credit property
• legal personality
• shareholding custom
• market capitalization

Main Subjects

• Science - Research (Islamic Finance Jurisprudence)