وقف المشاع : حقيقته، أنواعه و تطبيقه المعاصر

Abstract EN

This research paper aims to clarify Shari’a ruling on the endowment of stocks of the Public Joint Stock Companies.

This clarification comes after the researcher has considered this endowment as a contemporary application of endowing a common undivided portion of an asset, as well after explaining the meaning of endowing a common undivided portion of an asset and highlighting its two types: divisible and not divisible.

The research methodology relied on the inductive approach complemented by the analytical approach.

The researcher explained the origin of the dispute by: (1) extrapolating the opinions of Shari’a Scholars on the definition of endowment and Shari’a ruling on endowing a common undivided portion of an asset and its two types; (2) analyzing the evidence used by Scholars; and (3) weighing between different opinions in order to reach to the most correct opinion.

The researcher reached a set of results, the most important of which were: the endowment of a common undivided portion of an asset (including the divisible and the indivisible) is permissible from Shari’a perspective.

The endowment of shares of Public Joint Stock Companies which are not mixed with non-Shari’a compliant resources (called mixed shares) is permissible from Shari’a perspective, as well.