أسواق الأوراق المالية (البورصة) في الفقه الإسلامي :دراسة تقويمية لنظام البورصة في جمهورية بينين

Abstract

This research attempts to evaluate the stock exchange Market in Republic of Benin as one of the most significant issues in Islamic economy. The study focuses on how the transactions take place in Benin Republic Stock Exchange Market, for to liberate it from the positive law (Non - Islamic enacted law) and deliver its dealers from transacting with Usury. The researcher comes up with three chapters; firstly, research preface, secondly, detailed terminologies, investment devices related to the research topic, history of the International stock exchange markets generally and specifically, Benin Republic Stock Exchange Market. The concluding chapter treats rulings on stock exchange market investment in the light of Islamic jurisprudence through Islamic methodology of investing. The researcher explains the extent to which Islamic method of investment is suitable with all times for business contracts according to legal precepts. The study uses evaluative and inductive method to describe transactions and functions of the study. However, the researcher elaborates the Shari’ah permissibility in order to be developed and benefit from, and its impermissibility in order to be distanced from, he modifies what needs modification to suit Shari’ah as an alternative. The researcher utilizes a comparative method while offering the sayings of classical and contemporary learned scholars, Muslim economists whose specialty is stock exchange Market. In order to attain this goal, the researcher refers to the most important sources in Islamic jurisprudence and Islamic economic stock exchange process for establishing legal fact. It can be extracted from this research that, Islamic jurisprudence considers the transactions and investment mechanisms used in the stock exchange Market which are consonant with Shari’ah rules, regarding the development of Islamic stock Market in order to raise the contemporary standard of Islamic economy in all Islamic worlds, and particularly, in Republic of Benin.