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23,33302/01/2007

Should he buy shares in a company that puts its money in the bank and pays a part of the profits?

Question: 45929

The scholars have said that it is permissible to buy shares that are basically halaal and are put in the riba-based banks, on the condition that 15% of the profit is paid in the public interest. 

My question is: 

Is it permissible to give that to relatives to benefit from it, such as one’s mother or siblings?.

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

Buying shares in companies and organizations is permissible
on the condition that they are trading in permissible goods and are not
engaging in haraam transactions. One of the greatest of haraam actions is
consuming riba. If one of these two conditions is broken, and the company is
dealing in haraam things or is manufacturing haraam things, or it is dealing
in riba, then buying shares is haraam and one should avoid that and find
something permissible. The fact that a certain percentage of the profits is
paid (in charity) does not make it permissible to buy those shares or make
that profit halaal. 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have
mercy on him) was asked about the ruling on buying shares in companies. 

He replied: 

Buying shares in companies is subject to further discussion,
because we have heard that they put their money in foreign banks, or
quasi-foreign banks, and take interest on it, which is a kind of riba. If
this is true then buying shares in them is haraam and is a major sin,
because riba is one of the worst of major sins. But if it is free of this
then buying shares is halaal, so long as there is nothing else involved that
is haraam according to sharee’ah. End quote.

Majmoo’ Fataawa Ibn ‘Uthaymeen
(18/question no. 119). 

The scholars of the Standing Committee were asked: 

Is it permissible to buy shares in companies and
organizations that offer their shares to the public at a time when we are
uncertain as to whether these companies and organizations engage in riba in
their dealings and we are not sure about that. Please note that we cannot be
sure about that, but it is what we have heard from other people. 

They replied: 

With regard to companies and organizations that do not engage
in riba or deal in haraam things, it is permissible to buy shares in them,
but as for those that engage in riba or any haraam things, it is haraam to
buy shares in them. 

If there is uncertainty about any company, then it is safer
not to buy shares in them, based on the words of the Prophet (peace and
blessings of Allaah be upon him): “Leave that which makes you doubt for that
which does not make you doubt.” And the Prophet (peace and blessings of
Allaah be upon him) said: “Whoever avoids doubtful things has discharged his
duty and protected his religious commitment and honour.” 

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd
al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn
Qa’ood. 

Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah
wa’l-Ifta’ (14/310-311) 

In the answer to question no.
21127 we quoted the fatwa of
the Standing Committee which states the ruling on buying shares in
charitable organizations, agriculture companies, banks, insurance companies
and petroleum companies. 

In the answer to question no.
8590 you will find the ruling
on dealing in permissible shares and a warning against haraam shares. 

Secondly: 

If the share holder gets haraam profits from his shares, he
must – after taking out his share and keeping it – get rid of the money that
is surplus to his capital. He can spend it on charitable causes so long as
he does not benefit from that in any way or relieve himself of some
obligation or ward off some harm or wrongdoing from himself. So it is not
permissible for him to spend it on himself or on any of his family members
on whom he is obliged to spend. 

For more details on that, please see question no.
292 and
81952

And Allaah knows best.

Source

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