ConditionalStocks & Equities·2001-06-15

Investing in Listed Equities

General permissibility of stock market investment

Plain-Language Summary

Investing in stocks is permissible provided the company's primary business is halal and the income from impermissible activities does not exceed 5% of total revenue. Purification (tatheer) of impermissible income via charity is required.

Scholar
Mufti Muhammad Taqi Usmani

Mufti · Hanafi

Jurisdiction
Pakistan

Shariah Advisory Committee of the State Bank of Pakistan

Confidence
●●●High Confidence

Full Ruling

The purchase of shares in a joint-stock company is permissible subject to the following conditions: (1) The primary business of the company must be lawful (halal). (2) Companies engaged primarily in riba-based banking, conventional insurance, alcohol, pork, pornography or weapons of mass destruction are impermissible. (3) If a minority of the company's income (less than 5%) derives from impermissible sources, investment remains permissible on the condition that proportional income purification (tatheer) is performed by donating equivalent amounts to charity without seeking reward.

Rationale & Reasoning

Modern joint-stock companies are akin to musharakah arrangements; owning shares constitutes partial ownership of real assets. Total avoidance of any incidental impermissible revenue would render investment in a globalised economy practically impossible. The 5% threshold applies only to incidental, not core, business activities.

Rule Basis (Daleel)

  • 01Permissibility of musharakah
  • 02Principle of purification (tatheer)
  • 03Necessity (darurah) in global markets

Conditions for Permissibility

  • ✓Primary business activity must be halal
  • ✓Impermissible revenue must not exceed 5% of total revenue
  • ✓Annual income purification (tatheer) via charity is mandatory
  • ✓Shareholder must not approve of or vote for impermissible activities

Citations & Sources

AAOIFI Shariah Standard No. 21 – Financial Papers (Shares and Bonds)

AAOIFI · 2002

Ref: SS-21

AAOIFI Standard

OIC Fiqh Academy Resolution No. 63/1/7 – Stocks and Bonds

OIC International Islamic Fiqh Academy · 1992

Ref: 63/1/7

OIC Resolution

Related Rulings

This ruling is for research purposes only. Consult a qualified Shariah scholar or advisor for specific financial decisions.