What is the ruling of the Shari'ah regarding joint-stock companies in the present day, in which there are both Muslims and non-Muslims?
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The questioner : He saysThe questioner : What is the ruling of the Shari'ah regarding joint-stock companies in the present day, because there are partners in them who are Muslim and non-Muslim?
The Shaykh : Any company in which there are non-Muslims poses no harm to the Muslims in it; but the harm and evil only come if these companies are established in opposition to Islam, whether in much or little of the rulings of the Shari'ah. It is self-evident, requiring no difficult mental effort, that all companies existing today, even if all the partners and shareholders in them are Muslims, are established on dealing with riba (usury or interest) and banks. Therefore, a questioner should not ask the aforementioned question about there being enemies and non-Muslim partners in them, for there is no harm in that, as dealing with non-Muslims is undoubtedly permissible in Islam. But we ask: if these companies were purely Islamic, meaning all their individuals and partners are Muslims, is this partnership established on the basis of the rulings of the Shari'ah? I imagine it is difficult to find a commercial company today, especially if it is of wide scope, that does not deal with riba (usury or interest), does not deal with banks, does not keep its money in banks, no, no, and so on. It is very difficult. Therefore, as far as the company itself is concerned, it is permissible for some of it to be for Muslims and some for non-Muslims, but this company must be Islamic. This means that it is established on the rulings of the Shari'ah and not on secular legal rulings. Secular legal rulings permit dealing with riba (usury or interest), for example. So any company established on this basis is not an Islamic company. So the answer? It is clear.
The Shaykh : Any company in which there are non-Muslims poses no harm to the Muslims in it; but the harm and evil only come if these companies are established in opposition to Islam, whether in much or little of the rulings of the Shari'ah. It is self-evident, requiring no difficult mental effort, that all companies existing today, even if all the partners and shareholders in them are Muslims, are established on dealing with riba (usury or interest) and banks. Therefore, a questioner should not ask the aforementioned question about there being enemies and non-Muslim partners in them, for there is no harm in that, as dealing with non-Muslims is undoubtedly permissible in Islam. But we ask: if these companies were purely Islamic, meaning all their individuals and partners are Muslims, is this partnership established on the basis of the rulings of the Shari'ah? I imagine it is difficult to find a commercial company today, especially if it is of wide scope, that does not deal with riba (usury or interest), does not deal with banks, does not keep its money in banks, no, no, and so on. It is very difficult. Therefore, as far as the company itself is concerned, it is permissible for some of it to be for Muslims and some for non-Muslims, but this company must be Islamic. This means that it is established on the rulings of the Shari'ah and not on secular legal rulings. Secular legal rulings permit dealing with riba (usury or interest), for example. So any company established on this basis is not an Islamic company. So the answer? It is clear.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
