التخارج في الأسهم المختلطة

Abstract AR

The present work discusses the legitimate provisions dealing with transactions of Shari'a disputed mixed shares.

These shares are composed of physical structures, currency, loans, and benefits.

As selling of such shares is subjected to problems from legitimate provisions view, this work examins disputes settling (Takhareej) as a possible method to overcome such problem and to clarify the applicable Shari'a rules for such case.

The work is composed of two main parts.

The fist defines shares and the legitimate provisions that controls its transactions.

The second part defines dispute settling, its limits according to legitimate provisions evidances, and discusses some literature dealing with this subject.

The results indicated that settling of disputed mixed shares is approved by Shari'a only if the value of the share and its components are know.

The rules of Shari'a that controls loans and financial transactions should be applied in this context.

The results also indicated the difficulty of accurately defining the value of each component of the share.

Thus, any transaction should not be conducted unless the values of the components are correctly known.

The work also recommends adopting Shari’a rules and principles in investigating modern financial cases, and keeping away from corrupted transactions and practices.

It also calls for extensive study of contemporary financial transactions, particularly in times of change and crises.