تداول الأسهم وصوره المعاصرة في المعايير الشرعية (أيوفي): دراسة تحليلية لمنهج بناء الأحكام

Abstract

ABSTRACT

The AAOIFI Shari'ah Standards spread their rulings on stock trading and its contemporary forms across several standards and their appendices, so their method is not visible from any single clause. Using an inductive-analytical approach, this study uncovers that method and where it needs revision. It finds that the Standards build the rulings on characterizing the share as an undivided interest in company assets; balance prohibition and need-based exception in mixed companies; turn the maxims of preponderance and subordination into quantitative thresholds; base prohibitions on riba, gharar, gambling and selling what one does not own; pair them with alternatives or with what is permissible; and separate a ruling from its basis and from the definition of its subject. The rulings fall under four general principles, and some need revision or cross-referencing. The study recommends examining the Standards' method in other areas.
Keywords: Contemporary Fiqh, Shari'ah Standards, AAOIFI, Stock Trading, Methodology.