Bourse According to Shariʿah (book)

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==Bourse jurisprudence==

===Jurisprudential rules===

The second part of the book, after identifying the issue, explains the concepts and jurisprudential rules that can be applied to the issue of bourse in an extensive manner. He has examined the rule of prohibition of false possessions, the rule of harm and harm, the prohibition of filth, the prohibition of impurity, the prohibition of gossip, the prohibition of collusion, the prohibition of monopolies and hoarding, the prohibition of gambling. It is not applicable, in order to establish economic order in the financial markets, it is necessary to falsify laws and prohibit some activities. In such a situation, based on the theory of the permissible area, ~~Seyyed Mohammad Baqer~~ Sadr, the Islamic ruler can make laws mandatory. (p. 226-219)

The second part of the book, after identifying the issue, explains the concepts and jurisprudential rules that can be applied to the issue of bourse in an extensive manner. He has examined the rule of prohibition of false possessions, the rule of harm and harm, the prohibition of filth, the prohibition of impurity, the prohibition of gossip, the prohibition of collusion, the prohibition of monopolies and hoarding, the prohibition of gambling. It is not applicable, in order to establish economic order in the financial markets, it is necessary to falsify laws and prohibit some activities. In such a situation, based on the theory of the permissible area, [[Sayyid Muhammad Baqir Sadr]], the Islamic ruler can make laws mandatory. (p. 226-219)

===The assumption of no destructive behavior===

It has examined the verdict of the stock market, which means short-term transactions and free from destructive behavior. The author claims that the stock market is one of the examples of buying and selling; Therefore, it is permissible in itself, and if it is within the framework of the rules and laws of Shariʿah, it is not prohibited. (p. 227)

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There are problems with the accuracy of bourse transactions. Among them, the bourse is an example of the lack of economic useful work and the sense of false wealth, fake transactions, gambling transactions, greedy transactions and examples of loss transactions. The author answered the problems raised in this way. It is not forbidden and therefore it is not a bad thing because in these transactions there is a Shariʿah reason, i.e. a sales contract. Also, the exchange has a value that actually exchanges part of the ownership of a company. Bourse offers services such as increasing liquidity, increasing risk-taking capacity and increasing efficiency to financial markets. Also, these transactions are real and value is exchanged that is actually part of the ownership of a company. Bourse is not gambling because it is done on real assets. But if it is on abstract property such as the stock index which cannot be collected it is like betting and gambling, and it is an example of false sense. Among the four forms of trick, only the ambiguity in the conditions and attributes of exchanges should be taken into account. If the basic information is not completely waited and clarified and is not available to the public, there is ambiguity and it will be an example of a greedy transaction. There is no harm in bourse by dividing the stock market into informed and rational and uninformed and imitative. By promoting the bourse, he consciously prevented the entry of the second category, which causes large-scale losses, to the financial markets. (p. 250-233)

===Assumption of market manipulation===

In this part of the book, all kinds of manipulations and its jurisprudence have been examined. Bourse by manipulating the market has a relationship between the public and the private. The main focus of market manipulation is on deceiving traders. Therefore, the titles of grooming and pride and impurity can be applied to many methods of manipulation. Manipulation methods such as creating artificial prosperity and creating false price increases, placing orders without the intention of making a transaction with the intention of deceiving market participants, publishing false and misleading news and information, preventing the public release of important information that affects the price. The author's contention is that market manipulation is compatible with jurisprudential titles such as embezzlement in transactions, sham transactions, hoarding and monopoly, the rule of harmlessness, collusion, and the rule of common sense, and as a result proves the impermissibility of this act. At the end, ~~Seyyed Mohammad Baqer~~ Sadr has mentioned the theory of Permissible area. In some cases, the Shariʿah prohibition of some market manipulation methods may not be accepted, but in order to create economic order in the financial markets, it is necessary to establish rules and regulations. According to the theory of permissible area, the Islamic ruler can issue mandatory orders. (p. 251-268)

In this part of the book, all kinds of manipulations and its jurisprudence have been examined. Bourse by manipulating the market has a relationship between the public and the private. The main focus of market manipulation is on deceiving traders. Therefore, the titles of grooming and pride and impurity can be applied to many methods of manipulation. Manipulation methods such as creating artificial prosperity and creating false price increases, placing orders without the intention of making a transaction with the intention of deceiving market participants, publishing false and misleading news and information, preventing the public release of important information that affects the price. The author's contention is that market manipulation is compatible with jurisprudential titles such as embezzlement in transactions, sham transactions, hoarding and monopoly, the rule of harmlessness, collusion, and the rule of common sense, and as a result proves the impermissibility of this act. At the end, [[Sayyid Muhammad Baqir Sadr]] has mentioned the theory of Permissible area. In some cases, the Shariʿah prohibition of some market manipulation methods may not be accepted, but in order to create economic order in the financial markets, it is necessary to establish rules and regulations. According to the theory of permissible area, the Islamic ruler can issue mandatory orders. (p. 251-268)

===The assumption of using confidential information===

The author has adapted the use of confidential information to some jurisprudential topics and cited confidential information as examples of theft and illegal possession of real and intellectual property, betrayal of trust, reconciliation in a transaction, reconciliation in a transaction, traditions prohibiting the perception of fraud, embezzlement in a transaction, and loss and has introduced harm in the market and as a result has considered it as an illegitimate act. (p. 273-287)

@@ Line 77: / Line 77: @@
 ==Bourse jurisprudence==
 ===Jurisprudential rules===
-The second part of the book, after identifying the issue, explains the concepts and jurisprudential rules that can be applied to the issue of bourse in an extensive manner. He has examined the rule of prohibition of false possessions, the rule of harm and harm, the prohibition of filth, the prohibition of impurity, the prohibition of gossip, the prohibition of collusion, the prohibition of monopolies and hoarding, the prohibition of gambling. It is not applicable, in order to establish economic order in the financial markets, it is necessary to falsify laws and prohibit some activities. In such a situation, based on the theory of the permissible area, Seyyed Mohammad Baqer Sadr, the Islamic ruler can make laws mandatory. (p. 226-219)
+The second part of the book, after identifying the issue, explains the concepts and jurisprudential rules that can be applied to the issue of bourse in an extensive manner. He has examined the rule of prohibition of false possessions, the rule of harm and harm, the prohibition of filth, the prohibition of impurity, the prohibition of gossip, the prohibition of collusion, the prohibition of monopolies and hoarding, the prohibition of gambling. It is not applicable, in order to establish economic order in the financial markets, it is necessary to falsify laws and prohibit some activities. In such a situation, based on the theory of the permissible area, [[Sayyid Muhammad Baqir Sadr]], the Islamic ruler can make laws mandatory. (p. 226-219)
 ===The assumption of no destructive behavior===
 It has examined the verdict of the stock market, which means short-term transactions and free from destructive behavior. The author claims that the stock market is one of the examples of buying and selling; Therefore, it is permissible in itself, and if it is within the framework of the rules and laws of Shariʿah, it is not prohibited. (p. 227)
@@ Line 85: / Line 86: @@
 There are problems with the accuracy of bourse transactions. Among them, the bourse is an example of the lack of economic useful work and the sense of false wealth, fake transactions, gambling transactions, greedy transactions and examples of loss transactions. The author answered the problems raised in this way. It is not forbidden and therefore it is not a bad thing because in these transactions there is a Shariʿah reason, i.e. a sales contract. Also, the exchange has a value that actually exchanges part of the ownership of a company. Bourse offers services such as increasing liquidity, increasing risk-taking capacity and increasing efficiency to financial markets. Also, these transactions are real and value is exchanged that is actually part of the ownership of a company. Bourse is not gambling because it is done on real assets. But if it is on abstract property such as the stock index which cannot be collected it is like betting and gambling, and it is an example of false sense. Among the four forms of trick, only the ambiguity in the conditions and attributes of exchanges should be taken into account. If the basic information is not completely waited and clarified and is not available to the public, there is ambiguity and it will be an example of a greedy transaction. There is no harm in bourse by dividing the stock market into informed and rational and uninformed and imitative. By promoting the bourse, he consciously prevented the entry of the second category, which causes large-scale losses, to the financial markets. (p. 250-233)
 ===Assumption of market manipulation===
-In this part of the book, all kinds of manipulations and its jurisprudence have been examined. Bourse by manipulating the market has a relationship between the public and the private. The main focus of market manipulation is on deceiving traders. Therefore, the titles of grooming and pride and impurity can be applied to many methods of manipulation. Manipulation methods such as creating artificial prosperity and creating false price increases, placing orders without the intention of making a transaction with the intention of deceiving market participants, publishing false and misleading news and information, preventing the public release of important information that affects the price. The author's contention is that market manipulation is compatible with jurisprudential titles such as embezzlement in transactions, sham transactions, hoarding and monopoly, the rule of harmlessness, collusion, and the rule of common sense, and as a result proves the impermissibility of this act. At the end, Seyyed Mohammad Baqer Sadr has mentioned the theory of Permissible area. In some cases, the Shariʿah prohibition of some market manipulation methods may not be accepted, but in order to create economic order in the financial markets, it is necessary to establish rules and regulations. According to the theory of permissible area, the Islamic ruler can issue mandatory orders. (p. 251-268)
+In this part of the book, all kinds of manipulations and its jurisprudence have been examined. Bourse by manipulating the market has a relationship between the public and the private. The main focus of market manipulation is on deceiving traders. Therefore, the titles of grooming and pride and impurity can be applied to many methods of manipulation. Manipulation methods such as creating artificial prosperity and creating false price increases, placing orders without the intention of making a transaction with the intention of deceiving market participants, publishing false and misleading news and information, preventing the public release of important information that affects the price. The author's contention is that market manipulation is compatible with jurisprudential titles such as embezzlement in transactions, sham transactions, hoarding and monopoly, the rule of harmlessness, collusion, and the rule of common sense, and as a result proves the impermissibility of this act. At the end, [[Sayyid Muhammad Baqir Sadr]] has mentioned the theory of Permissible area. In some cases, the Shariʿah prohibition of some market manipulation methods may not be accepted, but in order to create economic order in the financial markets, it is necessary to establish rules and regulations. According to the theory of permissible area, the Islamic ruler can issue mandatory orders. (p. 251-268)
 ===The assumption of using confidential information===
 The author has adapted the use of confidential information to some jurisprudential topics and cited confidential information as examples of theft and illegal possession of real and intellectual property, betrayal of trust, reconciliation in a transaction, reconciliation in a transaction, traditions prohibiting the perception of fraud, embezzlement in a transaction, and loss and has introduced harm in the market and as a result has considered it as an illegitimate act. (p. 273-287)

Bourse According to Shariʿah (book): Difference between revisions