"From the Judge's son Hizam ra, he said:" That the condition he give to someone who wants to give his wealth as capital. He said: Do not make in the animal my property, do not be taken to the sea, nor rivers to cross. If you break it, you have to change my treasure is "(Imam Daruquthni)
In the existing stock exchange, a minority shareholder can not do that. As the majority shareholder to change its core business into another, for example, from insurance to Dotcom company and its stock value collapsed, minority shareholders can not take back his money.
In buying and selling shares in a secondary market stock-negotiable by many people either buy or sell at different prices, so the price is uncertain. This is unlawful because it violates the prohibition of the Prophet:
"From Abu Hurairah ra said that Rasulullah SAW said: Do not let a Muslim to bid for goods that are offered each other" (Muslim)
An investor who bought shares and subsequently sold through the Stock Exchange in order to get capital gains when prices rise but probably sell it in the long span of time, is like a hoarder / speculator:
"From the ra Ma'mar bin Abdullah, he said:" No one hoarding (for the price rise), unless the sinner "(Muslim)
If something is forbidden its disadvantage greater than the benefits. Sell-buy something unlawful is also unlawful.
Messenger S.A.W. He said as follows:
"Verily Allah and Messenger have prohibited the trade of wine, carcass, swine and sculpture." (Bukhari and Muslim)
"Indeed, Allah forbid, if anything, and he forbade the price too." (History of Ahmad and Abu Daud)
Perhaps the removal of Sell-buy shares on the secondary market, people who want to establish Islamic capital market will be disappointed, because it will not get PMS fee trading stocks whose value pretty (can reach 300 million per day). How PMS can live after the IPO? I recommend (whether true or false), should be for every company that the IPO, PMS received for the results of 5% as one of the States. PMS role for selecting the IPO issuers who will if appropriate or not, and continue to monitor these issuers (perhaps as a commissioner) is going right or not, that does not harm investors.
If PMS focuses on capital investment for new companies in the prime market, many companies would stand up, open wide employment, production increased much so that it can meet national needs (Indonesia can be self-reliant), profits continued to grow, this will ultimately benefit PMS PMS itself although the intention may be established Lillahi Ta'ala. Indeed, the establishment of Islamic capital market is based on the consideration that the conventional capital market is not or less meet the syariah. If PMS was similar to the Capital Market Capital Market Conventional or Conventional it permissible, to what we build PMS?
Not all who came from the West is bad, and not all of which came from the West is good. Therefore, it is not deservedly direct Muslims to adopt all things Western, and with little makeovers directly labeled with the word " Syariah " that was the sale of shares syariah. Let us not parrot the West blindly, so that we follow the bad even as warned by the Prophet Muhammad S.A.W:
"What you will follow the Sunnah (way / method) those before you inch by inch and sehasta for sehasta, until even if they entered the lizard hole, you still follow him." We asked: "O Messenger of Allah, whether they were Jews and Christians? "He replied:" Who else (if not them)? "(Bukhari and Muslim)
Islam has the concept itself. This from the West could be accepted if it is not contrary to and in accordance with Islamic sources, namely the Qur'an and Hadith.
So my review just about buying and selling shares in the secondary market. My opinion could be right or wrong, but God willing, the Holy Qur'an can not be wrong and the Apostle of Allah it is more correct than all of us. Some say the stock sale was lawful (please give arguments Koran and Hadith it), some say syubhat, some are expressly forbidden.
Of ra-Numan ibn Bashir reported that the Prophet said: "Actually that was clearly lawful and clearly unlawful as well. In between the lawful and unlawful that anyone syubhat (not clear), many people do not know. Who would avoid syubhat, he has kept religion and honor. Who is affected syubhat, then he hit the bastard ... "(Muslim)
From the above hadith and confusion status of buying and selling shares in the secondary market, it is clear that the buying and selling shares if not unlawful, he was syubhat, because that person disagreed. Leaving it was more important syubhat than done, especially if the danger is greater than the benefits.
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