An important question which Muslim
economists face in these times is the status of the stock exchange. Is trading
on the stock exchange harām? Is it really gambling as some people say?
The stock exchange is a market place
where shares are bought and sold. By buying the shares of a company, you, in
fact, share in the business. Therefore, if there is nothing against Islam in the
nature of the business, there is nothing wrong in being the shareholder of that
business or in getting dividends on those shares. Similarly, if you sell the
shares at any point of time owing to some reason and get capital gains thereby,
the transaction and the profit are not wrong from the Islamic point of view.
There are however situations when the
activity in the stock exchange is clearly against good sense and the norms of
ethics. There are certain transactions which are or can be detrimental to the
interests of either party by causing damage or deception. Therefore, though the
Sharī‘ah has not prohibited these transactions as such and though, in most
cases, they can’t really be termed as gambling, they are clearly against the
spirit of Islam when they result in or are likely to result in damage or
deception. That is why there is a principle of Islamic jurists that any
transaction which causes or might cause darar or gharar (damage or deception) to
either party should be prohibited by law. Where the law of the land does not
deal with such transactions, it is up to the individual to decide whether or not
the transaction will or may cause damage or deception to the other party. In
case he is certain of such damage or deception, he should certainly avoid
undertaking the transaction. Even in the case where there is a sufficient
probability of darar or gharar, it is best to avoid the transaction as a Muslim
knows that he will be held accountable on the Day of Judgement if his actions
deceive someone or cause him damage.
Furthermore, at the macro level such
transactions can be detrimental to the economy when trading moves beyond mere
buying and selling, that is when the buyer and the seller do not remain a buyer
and a seller but become a ‘bear’ or a ‘bull’.
Ideally, the market price of a share
should be related to the performance of the company. But the speculators
(euphemistically called investors) manipulate the prices by artificially
stimulating the demand and the supply of shares. Forward contracts are made and
further contracts are derived (financial derivatives) on that basis. The result
is that the whole market activity is based on speculation rather than being
based on entrepreneurship. The share price of a company doing perfectly well
suddenly falls and that of a company in trouble suddenly rises. A person earns
millions and loses millions in a day in this game. Obviously, such fluctuations
have a negative impact on the economy, which is usually borne by the
not-so-affluent sections of the society. One of the worst cases of such
speculation was when on Oct. 19, 1987 -- now known as the Black Monday -- Wall
Street crashed owing to the panic that had spread among the investors. Billions
are lost in a day in such crashes. Since shares are sometimes bought and sold
even before they have been actually bought and sold and, quite frequently, are
bought primarily on the basis of borrowed capital (as in the case of the famous
Australian investor Alan Bond), stakes are high and the slightest fear can start
a chain reaction, which may result in a major catastrophe. The reason for such
timorousness is nothing except that the whole economic activity in these
exchanges is based on speculation and interest based borrowing rather than on
entrepreneurship and equity participation. When such a large area of economic
activity is based on speculation and interest based borrowing, the spirit of
entrepreneurship suffers and moral corruption pervades the society.
Economic activity should be based on
entrepreneurship, hard work, creativity, moral principles and concern for
others, whereas speculation is often detrimental to these values. An individual
should also keep in mind the effect of his personal decisions on the whole
society, and as its responsible member and as a good Muslim try to be part of
the solution instead of being part of the problem.
It has been seen that involvement in
speculation often leads to greed and avarice, which come in the way of ethics
and concern for society, whereas a
Muslim prefers sticking to nobler values even if they afford him less material
benefit. Even in the absence of specific Divine injunctions or enacted laws, a
Muslim should ask his own self whether his involvement in such activities is
leading him away from God and inclining him towards the violation of moral
values and ethics. And this is a question which an individual must answer
himself. The rule here is sal nafsak (ask your soul). A Muslim’s life should
marked by love of God, fear of His wrath, charity and concern for others. Losing
these values for material benefit is a trade that a good Muslim never likes to
make.
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