July 11, 2004

التعامل بالأوراق المالية | التعامل مع الشركات المساهمة

التعامل بالأوراق المالية | التعامل مع الشركات المساهمة

الأخ الكريم ، بعد التحية ،


هذه هي أجوبة الأسئلة:


السؤال الأول: التعامل بالأوراق النقدية

الجواب: نعم ينطبق عليها ما ينطبق على الذهب والفضة من حيث الربا وأحكام النقد الأخرى. وذلك لأن تحقق العلة (النقدية أي استعمالها أثماناً وأجوراً) في هذه الأوراق يجعلها تأخذ أحكام النقد.


لذلك فإن شراء الأصناف الربوية بهذه الأوراق ينطبق عليها ما ورد في الحديث (يداً بيد) أي ليس دَيْناً.

والموضوع كما يلي:


1 - يقول الرسول صلى الله عليه وسلم: «الذهب بالذهب، والفضة بالفضة، والبر بالبر، والشعير بالشعير، والتمر بالتمر، والملح بالملح مثلاً بمثل سواءً بسواء يداً بيد. فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يداً بيد» رواه البخاري ومسلم من طريق عبادة بن الصامت رضي الله عنه.

والنص واضح عند اختلاف هذه الأصناف الربوية، أن البيع كيف شئتم، أي ليس المثل بالمثل شرطاً ولكن التقابض شرط. ولفظ "الأصناف" ورد عاماً في كل الأصناف الربوية أي السنة ولا يستثنى منه شيء إلا بنص، وحيث لا نص، فإن الحكم يكون جواز البر بالشعير أو البر بالذهب، أو الشعير بالفضة، أو التمر بالملح، أو التمر بالذهب، أو الملح بالفضة...الخ مهما اختلفت قيم التبادل والأسعار ولكن يداً بيد أي ليس دَيْناً. وما ينطبق على الذهب والفضة ينطبق على الأوراق النقدية بجامع العلة (النقدية أي استعمالها ثمناً وأجوراً».

2 - ورد استثناء من (وجوب التقابض عند بيع الأصناف الربوية وعدم صحة الدَّين) في حالة الرهن، لحديث الرسول صلى الله عليه وسلم «اشترى رسول الله صلى الله عليه وسلم من يهودي طعاماً بنسيئه وأعطاه درعاً له رهناً». أي أن الرسول صلى الله عليه وسلم اشترى طعاماً بالدَّين ولكن مع الرهن. وطعامهم حينذاك كان من الأصناف الربوية. كما في الحديث «الطعام بالطعام مثلاً بمثل وكان طعامنا يومئذٍ الشعير» أخرجه أحمد ومسلم من طريق معمر بن عبد الله.) وعليه يجوز أن تشترى الأصناف الربوية بالدَّين إذا تم رهن شيء لدى البائع إلى حين إحضار الثمن.

3 - ومن الفقهاء من يجيز شراء الأصناف الربوية بالدَّين ولكن دون دليل معتبر من الكتاب والسنة وإجماع الصحابة والقياس بل قاله بعضهم "باتفاق العلماء" كما ورد في سبل السلام شرح بلوغ المرام، لكن هذا لا يعتبر دليلاً يحتج به عندنا، أي "اتفاق العلماء".

والخلاصة: إن الراجح هو عدم جواز شراء الأصناف الربوية بالدَّين، ويمكن لمن أراد الشراء وليس معه الثمن أن يقترض مالاً من أحد الناس ويشتري به الأصناف الربوية التي يريدها يداً بيد.

السؤال الثاني: هل يجوز التعامل غير المباشر مع الشركة المساهمة أي مع دكان يشتري من المساهمة؟.


الجواب الثاني: التعامل المباشر مع الشركات المساهمة هو الحرام، وذلك لأن عقد الشركة المساهمة باطل، وعليه فلا تملك الشركة صلاحية التعاقد. أما لو اشترى طرف آخر بضاعةً من الشركة المساهمة ثم أراد بيعها لآخرين فبيعه صحيح لهم والإثم يكون عليه هو الذي اشترى مباشرةً من الشركة المساهمة، لأن الحرام لا يتعلق بذمتين.

السؤال الثالث: رجل متعاقد مع شركة مملوكة للدولة يورِّد لها بضاعةً حلالاً، ثم تحولت هذه الشركة إلى شركة مساهمة، فهل يجوز له الاستمرار في تعاقده أو لا يجوز؟


الجواب الثالث: إذا تحول عقد الشركة من الصحة إلى البطلان فإن التعامل مع الشركة في هذه الحالة يصبح باطلاً. فالذي كان متعاقداً مع الشركة وهي مملوكة للدولة، عليه أن ينهي هذا التعاقد مع الشركة عندما تصبح مساهمةً.

وتقبل تحياتي.

في 11/07/2004م.

أخوكم

More from Q&A

Answer to a Question: The Jewish Entity's Aggression Against Iran and its Repercussions

Answer to a Question

The Jewish Entity's Aggression Against Iran and its Repercussions

The Question:

Al-Arabiya published on its website on 6/27/2025: (4 informed sources said that President Donald Trump's administration discussed the possibility of helping Iran reach up to $30 billion to build a nuclear program to produce energy for civilian purposes... The sources added that these discussions continued this week after reaching a ceasefire agreement... Trump administration officials confirmed the presentation of several proposals, which are initial and advanced proposals with one fixed, non-negotiable clause: "Completely stop Iranian uranium enrichment"). Trump had announced the entry into force of the ceasefire he proposed between Iran and the Jewish entity (Netanyahu said he agreed to Trump's proposal... Reuters also quoted a senior Iranian official as saying that Tehran had agreed to the ceasefire through Qatari mediation and an American proposal. Al Jazeera, 6/24/2025). All of that happened after Trump's forces struck Iranian nuclear facilities on 6/22/2025, and after the Jewish entity launched a broad surprise aggression against Iran since 6/13/2025... So, the question here is why did the Jewish entity carry out this surprise aggression, which it only does by order of America? Then, isn't Iran moving in America's orbit, so how did America participate in striking Iranian nuclear facilities? Thank you.

The Answer:

To clarify the answer, we will review the following:

1- Yes, the Iranian nuclear program is considered a dire threat to the Jewish entity, so it wants to get rid of it by all means, and for that, it cheered for President Trump's withdrawal in 2018 from the 2015 agreement, and the Jewish entity's position was clear that it only accepts the Libyan model and Iran's dismantling of its nuclear program, meaning Iran abandoning its nuclear program completely... And it intensified its spies inside Iran for that... The Jewish entity's attack on its first day revealed an army of agents inside Iran monitoring and cooperating with the Jewish entity's intelligence agency "Mossad" for a few dirhams, so they import drone parts and assemble them in small workshops inside Iran and launch them at targets that include the homes of the Iranian regime's leaders in a scenario similar to what happened to Iran's party in Lebanon when the Jewish entity liquidated its leaders!

2- America's position was the main supporter of the Jewish entity, but rather it is the one moving them against the Iranian nuclear project, but Trump put on the table to achieve that: the negotiation solution and the military solution... Thus, America and Iran headed in April 2025 towards Muscat-Oman for negotiations, and the Trump administration was praising it for the depth of the concessions being made in the nuclear negotiations as if a new nuclear agreement was imminent... Trump had set a deadline of two months to complete this agreement, and Jewish entity officials were meeting with the American envoy to the region and the first negotiator for Iran, Witkov, almost once before each meeting with the Iranian delegation to inform him of what was happening in the negotiations...

3- The Trump administration adopted the hardline opinion of some of its figures, that opinion that is in line with the Jewish entity. This coincided with the emergence of hardline opinions in Europe as well, as European countries were annoyed that America was negotiating with Iran alone, meaning that America would get the lion's share of any agreement with Iran, especially since Iran was making the Trump administration's mouth water by talking about hundreds of billions of dollars that American companies could invest and benefit from inside Iran, such as oil and gas contracts, aviation companies, and much more. Those hardline opinions culminated in the emergence of a hardline report from the International Atomic Energy Agency: (For the first time in nearly 20 years, the Board of Governors of the International Atomic Energy Agency announced on Thursday, June 12, 2025, that Iran violated its obligations in the field of preventing the spread of nuclear weapons... Deutsche Welle German, 6/12/2025), and the Iranian Supreme Leader had previously refused to stop enrichment: (Khamenei said: "Since negotiations are on the table, I want to send a warning to the other party. The American side, which is participating in these indirect negotiations and holding discussions, should not talk nonsense. Their saying 'We will not allow Iran to enrich uranium' is a serious mistake; Iran does not wait for the permission of this person or that"... Witkov, Trump's envoy to the Middle East, said on Sunday that Washington will not accept any level of uranium enrichment in a potential agreement with Tehran. Witkov added in an interview with ABC News: "We cannot allow even one percent of the enrichment capacity. Everything starts from our point of view with an agreement that does not include enrichment." Iran International Newspaper, 5/20/2025).

4- With Iran's refusal to stop enrichment and America's insistence on stopping it, the American-Iranian negotiations have reached a dead end, even if the end of the negotiations has not been announced, but with the issuance of the International Atomic Energy Agency report on 6/12/2025, the Jewish entity quickly implemented a plan devised at night with America and launched a surprise attack on 6/13/2025, during which it struck the Iranian nuclear facility in the Natanz site, which is the largest Iranian uranium enrichment plant and includes 14,000 centrifuges, and carried out a series of assassinations of leaders of the army and the Iranian Revolutionary Guard, as well as nuclear scientists, and attacked missile launch platforms, and regardless of the Jewish entity's justification for the reasons for its attack that Iran has resumed research and development of nuclear weapons, according to Netanyahu's statements (RT, 6/14/2025), all of this is refuted by the many Iranian statements that Iran does not plan to produce any nuclear weapon, and that it accepts any level of international control to ensure the peacefulness of its nuclear program. But it is also certain that the Jewish entity was waiting for the American green light to implement, and when the entity saw that this window had opened with the green light, it began the attack...

5- Thus, no sane person can imagine the Jewish entity carrying out such an attack without a green light from America, as this is completely impossible, (The US Ambassador to Israel, Mike Huckabee, said on Thursday that he does not expect Israel to attack Iran without obtaining a "green light" from the United States... Arab 48, 6/12/2025). And after a 40-minute phone call between Trump and Netanyahu (an Israeli official revealed to the "Times of Israel" newspaper, on Friday, that Tel Aviv and Washington carried out "a wide media and security disinformation campaign", with the active participation of Donald Trump, with the aim of convincing Iran that an attack on its nuclear facilities is not imminent,..., and explained that the Israeli media received during that period leaks claiming that Trump warned Netanyahu against attacking Iran, describing those leaks as "part of the deception operation." Al Jazeera Net, 6/13/2025). It can be added to all of that America's supplying the Jewish entity with specific weapons before the attack and used in the attack: (Media reports revealed that the United States secretly shipped about 300 AGM-114 Hellfire missiles to Israel last Tuesday, according to American officials. According to the Jerusalem Post, officials confirmed that Washington was aware in advance of Israel's plans to strike Iranian nuclear and military targets at dawn on Friday. They also reported that US air defense systems later helped intercept more than 150 Iranian ballistic missiles launched in response to the attack. A senior US defense official was quoted as saying that Hellfire missiles "were useful to Israel," noting that the Israeli Air Force used more than 100 aircraft to strike senior Revolutionary Guard officers, nuclear scientists, and control centers around Isfahan and Tehran... RT, 6/14/2025).

6- Thus, the Trump administration misled Iran, which is negotiating with it, to make the attack by the Jewish entity effective and influential with shock and awe, and the American statements indicate this, meaning that America wanted the attack by the Jewish entity to be a motivation for Iran to make concessions in the nuclear negotiations, and this means that the attack was a tool of American negotiation, and this is coupled with the American public defense of the Jewish entity's attack and that it is self-defense and supplying the entity with weapons and operating American aircraft and American air defenses to repel the Iranian response, all of that amounts to a quasi-direct American attack, and among those American statements is Trump's saying, during his statements to reporters on Sunday, while heading to the G7 summit in Canada, that ("some battles are inevitable before reaching an agreement"... In an interview with ABC, Trump indicated the possibility of US intervention to support Israel in eliminating the Iranian nuclear program... Arab 48, 6/16/2025).

7- America uses war as a tool to subjugate Iran, as in Trump's previous statement that (some battles are inevitable before reaching an agreement), and what confirms that is Trump's description of this attack as "The Israeli attack on Iran is excellent," and he said, "It gave the Iranians a chance and they did not exploit it and they received a very harsh blow, confirming that there is more in the future"... ABC American 6/13/2025). Trump said ("The Iranians" want to negotiate, but they should have done that before, I had 60 days, and they had 60 days, and on the 61st day I said we have no agreement"... CNN American, 6/16/2025). These statements are clear that America is the one that allowed the Jewish entity to launch this aggression, but rather instructed it to do so... Trump wrote on the "Truth Social" platform: ("Iran should have signed the "agreement on its nuclear program" that I asked them to sign..." And he added: "In short, Iran cannot have nuclear weapons. I have said that over and over again." RT, 6/16/2025). An official from the Jewish entity explained regarding America's participation in the bombing of the Fordow site, which is fortified underground in Iran (that the United States may join the war operation against Iran, pointing out that Trump indicated during a conversation with Israeli Prime Minister Benjamin Netanyahu that he would do so if necessary. Al-Arabiya, 6/15/2025).

8- This is what actually happened, as Trump announced at dawn on Sunday, 6/22/2025 (the targeting of 3 Iranian nuclear facilities, confirming the success of the American strike, and Trump pointed to targeting the Fordow, Natanz and Isfahan nuclear sites, calling on Iran to make peace and end the war, for his part, US Defense Secretary Burt Hegesit confirmed that the American strike eliminated Iran's nuclear ambitions... BBC, 6/22/2025) and then (CNN revealed on Monday evening that Iran attacked the American Al Udeid base in Qatar with short- and medium-range ballistic missiles, pointing out that the American military aircraft stationed at the air base were transferred at the end of last week... Reuters also said: "Iran informed the United States hours before launching attacks on Qatar and also informed Doha." Sky News Arabia, 6/23/2025) Trump said on Monday ("I would like to thank Iran for informing us in advance, which allowed no casualties." Sky News, 6/24/2025).

9- Then, after these attacks by America and the Jewish entity and the Iranian responses, where the material losses were great in addition to the human losses: (A spokesman for the Iranian Ministry of Health said that the Israeli strikes have resulted in the martyrdom of 610 people and the injury of 4746 others since the beginning of the conflict... According to the Israeli Ministry of Health... The death toll since June 13 has risen to 28 people... BBC News, 6/25/2025), after these attacks, Trump, as he started it by pushing the Jewish entity to attack Iran and he participated in it, is now returning to announce a ceasefire, so the Jews and Iran agree, as if Trump is the one who is managing the war between the two parties and he is also the one who is stopping it! (Trump announced the entry into force of the ceasefire he proposed between Iran and the Jewish entity)... (Netanyahu said he agreed to Trump's proposal... Reuters also quoted a senior Iranian official as saying that Tehran had agreed to the ceasefire through Qatari mediation and an American proposal. Al Jazeera, 6/24/2025). This means that this war that Trump ignited and stopped was to achieve his goals of removing the effectiveness of nuclear and missile weapons from Iran (In a statement to reporters before leaving to attend the NATO summit in The Hague, Trump said ("Iran's nuclear capabilities are over and it will never rebuild its nuclear program," and continued, "Israel will not attack Iran... and the ceasefire is in effect." Al Jazeera, 6/24/2025).

10- As for Iran's orbiting of America, yes, Iran is a state that orbits America, so it seeks to achieve its interests by achieving America's interests. And with that, it helped America in its occupation of Afghanistan and Iraq and concentrating its occupation in it... Likewise, it intervened in Syria to protect America's agent, Bashar al-Assad, and the like in Yemen and Lebanon. And with that, it wants to achieve its interests in these countries and be a major regional power in the region, even if it means orbiting America! But it escaped them that if America sees that its interest in the satellite state has ended and wants to reduce its role and strength, then it puts diplomatic pressure on it, and if necessary militarily, as is happening with Iran in the recent attacks, in order to adjust the rhythm for the state that is orbiting... Accordingly, through this attack that was by its order and carried out by the Jewish entity and with its support, it is liquidating the military leadership, especially the nuclear section and the advisors who have tried in the recent period to have an opinion in dealing with the Jewish entity against America's wishes, and it does not care about these countries because it realizes that these countries will ultimately accept the solution that America makes!

11- This is what has begun to appear in a declared manner in the American plan after the ceasefire in order to end Iran's nuclear military weapons: (4 informed sources said that President Donald Trump's administration discussed the possibility of helping Iran reach up to $30 billion to build a nuclear program to produce energy for civilian purposes, and easing sanctions and releasing billions of dollars of restricted Iranian funds, all of that is part of an intensive effort to bring Tehran back to the negotiating table, according to CNN... The sources reported that key actors from the United States and the Middle East held talks with the Iranians behind the scenes even in the midst of the wave of military strikes on Iran and Israel over the past two weeks. The sources added that these discussions continued this week after reaching a ceasefire agreement... Trump administration officials confirmed the presentation of several proposals, which are initial and advanced proposals with one fixed, non-negotiable clause: "Completely stop Iranian uranium enrichment"... Al-Arabiya, 6/27/2025).

12- Finally, the tragedy of this nation is in its rulers, as Iran is threatened with an attack on it, so it does not initiate an attack in defense of itself, and the attack is the best means of defense against the Jews, but rather remained silent until its facilities were struck and its scientists were killed, then began to respond, and so on for America's attack... Then Trump announces a ceasefire, so the Jews and Iran agree... And after that, America is managing discussions and putting forward proposals, and says about "completely stopping Iranian uranium enrichment" that it is fixed and non-negotiable! And we warn that this war will lead to any peace with the Jewish entity, or the disarmament of Iran... As for the other rulers in the Muslim countries, especially those around the Jewish entity, the enemy's planes cross over their heads and bomb the Muslim countries and return reassured without firing a shot at them!! They are willingly at America's disposal... They interpret inaction and sanctify borders, and have forgotten or pretended to forget that the Muslim countries are one, whether they are at the farthest end of the earth or the nearest! And that the Muslims' peace is one, and their war is one, it is not correct for their sects to divide them as long as they are Muslims... These rulers, what they are in is destroyed, as they think that they are safe with this submission to America, and they do not realize that America will single them out and take away their weapons that could pose a threat to the Jewish entity, as it did in Syria when it allowed the Jewish entity to destroy its military facilities, and thus it does in Iran like that, and then bequeaths these rulers small upon small in this world and the hereafter ﴿THOSE WHO COMMIT CRIMES WILL BE OVERTAKEN BY HUMILIATION WITH ALLAH AND A SEVERE TORMENT BECAUSE OF WHAT THEY USED TO PLOT﴾ So, do they understand? Or are they ﴿DEAF, DUMB, AND BLIND, SO THEY DO NOT UNDERSTAND﴾, do they?

O Muslims: You see and hear what your rulers have done to you of humiliation, degradation, and subordination to the disbelieving colonizers, even the Jews who have been struck with humiliation and misery are occupying the blessed land!.. And you undoubtedly know that there is no glory for you except with Islam and the state of Islam, the Rightly-Guided Caliphate, in which a rightly-guided caliph leads you, fights from behind him, and is feared by him, and that is definitely going to happen by Allah's permission at the hands of the sincere believers and His saying ﷺ is fulfilled: «YOU WILL FIGHT THE JEWS AND YOU WILL KILL THEM...» And then the earth shines with the victory of Allah, the Mighty, the العزيز الحكيم...

In conclusion, Hizb ut-Tahrir, the leader who does not lie to his people, calls on you to support it and work with it to restore the Rightly-Guided Caliphate anew, so Islam and its people will be glorified and disbelief and its people will be humiliated, and that is the great victory; ﴿AND THAT DAY THE BELIEVERS WILL REJOICE * IN THE VICTORY OF ALLAH. HE GIVES VICTORY TO WHOM HE WILLS, AND HE IS THE EXALTED IN MIGHT, THE MERCIFUL﴾.

On the third of Muharram 1447 AH

6/28/2025 AD