The Shari'ah rule pertaining to this is as follows:
The public limited company system gives the public company a distinct quality of limited liability, aimed at protecting major capitalists and businessmen in case the company fails and incurs losses, in which case, those who have claims against it would not be able to demand from its investors any compensation no matter how large the personal assets of the investors are. The financial claims are only confined to what is left in the company in terms of assets. This system is contradictory to Shari'ah in every aspect. The Shari'ah rule obliges all to repay debts in full to the rightful owners, and it is forbidden to cut anything from them. Bukhari reported on the authority of Abu Hurayrah that the Messenger of Allah (saw) said: "He who takes money from people with the intention of paying it back Allah will pay on his behalf, and he who takes it with the intention to waste it Allah will waste him."
Ahmed also reported on the authority of Abu Hurayrah who said: The Messenger of Allah (saw) said: "You shall return the rights to their rightful owners on the Day of Judgement, even the ewe with no horns will get even with the ewe with horns by butting it back."
Hence, the Messenger of Allah (saw) has confirmed the obligation of fulfilling one's rights in full in temporal life, and if one does not he will do so on the Day of Judgement. This serves as a warning for those who devours people's rights.
Shari'ah has made it an unjust act for the rich to delay the settlement of their debts. Bukhari reported on the authority of Abu Hurayrah who said: The Messenger of Allah (saw) said: "The delay by the rich is unjust." If the delay in settling the debt is unjust, what would the devouring of the rights and the non settlement of the debts be? Indeed it would be a greater injustice and would entail a graver punishment.
The Messenger of Allah (saw) has taught us that the best people are those who are best when it comes to settling their debts, for Bukhari reported that the Messenger of Allah (saw) said: "Truly the best from amongst you are those who are best in settling debts." Therefore to restrict the settlement of debts to those who have claims against the company, only after clearance of the public company's losses, is forbidden. Rather they should be given all that is owed to them in terms of rights or debts in full from the assets of the investors.
This is as far as granting the public companies a limited liability. As for the public limited companies themselves, they contradict the rules of companies in Islam. This is so because the public company according to their definition is: "A contract in which two or more persons undertake that each one of them participate in a financial project, by tendering a sum of money, thus sharing what this project yields in terms of profit or loss." According to this definition and according to the reality pertaining to the founding of the public company or the Joint-Stock Company, it becomes clear that it is not a contract between two people or more according to the Islamic Shari'ah rules, because the contract according to Shari'ah is based on offer and acceptance between two parties. In other words it means that there should be two parties in the contract. One party assumes the offer, i.e. he initiates the offer of the contract by saying: "I enter into partnership with you" or words to this effect; and the other party expresses acceptance by saying: "I accept" or "I consent" or words to this effect. If the contract is lacking the presence of two parties and the presence of offer and acceptance, nothing can be contracted and nothing can be called a legitimate contract.
Taking part in a public company can take effect by merely buying its shares, either from the company itself or from someone who had already bought some of its shares. The partnership of the shareholder does not entail any negotiations or any agreement with the company, or with any other shareholder. What brings the public company into being from the onset and what gives it its corporeal personality, which is independent from its shareholders, is the government. It is the government who issues the "Memorandum of Association". As for the founders, the only agreement between them is the application they filed with the government to establish the company. When the "Memorandum of Association" is issued, the company becomes effectively in charge of its own affairs, thus it sells shares to the founders and to other people.
It is evident here that there is no contract taking place between two parties and that there is no offer and acceptance, because any person buying even a single share becomes a partner. Hence, the public company is not an agreement between two parties. It is rather a unilateral decision taken by an individual to become a partner in a company. Hence, he becomes a partner by merely buying a share in the company. Law experts in the West have interpreted this type of action as being an abidance by a contract, even if it were unilateral. According to them, it is one way of disposing of one's will, where a person commits himself to a matter vis--vis another person or vis--vis the public, regardless of the acceptance or the refusal of the other person or that of the public. Therefore, the contract of the public company is unlawful according to Shari'ah. This is so because the contract according to the Shari'ah rules necessitates the presence of a link between the offer made by one of the contractors and the acceptance made by the other party, in a manner that bears a direct effect on what is contracted. This is not the case in the public company contract.
The reality of the public company contradicts the reality of the company in Islam. The company in Islam is: "A contract between two or more parties, who agree to undertake a financial venture with the aim of making a profit." It is therefore a contract between two or more parties; thus it could not be unilateral. An agreement should rather take place between two or more parties. The contract itself should be based on the undertaking of a financial transaction with the aim of making a profit. It is not fitting for the contract to be based on the mere payment of money. It is also not fitting for the aim to be just for the sake of entering into a partnership. Hence, undertaking the financial venture is the basis in the company contract.
This action should either be undertaken by all the contracting parties or at least by one of them, or by some of them on one part, with the capital of the others on the other part. The undertaking of the financial venture by the contractors or at least by one of them leads inevitably to the presence of at least one physical partner who should be party to the contract. Therefore, in every type of company in Islam, the presence of at least one physical partner is a prerequisite. It is also a fundamental element in the company's contract. If the physical partner is present, the partnership is contracted, otherwise the partnership cannot be contracted.
This demonstrates that the public company lacks the conditions necessary for the partnership to be contracted, because those who find themselves partners in the public company are merely partners in capital and there is no physical partner; though the presence of a physical partner is essential in the contract of the company. In the public companies, partnership is concluded by the mere presence of partners in capital only. The public company assumes its activities without the presence of a physical partner. According to Shari'ah, the partner in capital, has no right to run the company, nor does he have the right to work in the company as a partner. The running of the company and working in the company is confined to the physical partner only. Partnership in the public company, it is based on the partnership of the capital only not on the partnership of persons. Hence, whoever owns more shares, has more votes and whoever has fewer shares, have fewer votes. Besides, according to Westerners, the public company has a corporeal personality that has the power of disposal. Again, according to Shari'ah, disposal can only be given to a person that has the competence of disposal. Any disposal not conducted in this manner will be considered invalid according to Shari'ah.
Hence, assigning the right of disposal for a company's affairs to a corporeal personality is forbidden. It should rather be assigned to he who has the competence of disposal. Any disposal that is not conducted in this manner is considered invalid according to Shari'ah. Hence, assigning the disposal of a company to a corporeal personality is forbidden. It should rather be assigned to he who has the competence of disposal, and this must be a real person. Therefore, the public company is invalid according to Shari'ah. This is as far as a public limited company is concerned.
As for the shares of such companies, these are financial papers representing a share in the company at the time of purchase or at the time of evaluation. They do not represent the capital of the company at the time of establishment. The share is an integral part of the company's entity and it is not part of its capital. The value of the shares is not unique nor is it stables. It rather varies according to the profits and losses of the company. They are not unique and fixed at all times, but they are constantly fluctuating. As for the Shari'ah rule pertaining to the dealing in these shares and in securities, whether buying or selling, it is forbidden. This is because these shares are those of a company that is unlawful according to Shari'ah. They are in fact certificates of bills which contain mixed sums from a lawful capital and unlawful profits made from an unlawful transaction. Each bill represents the value of a share, and this share represents part of the assets that belong to the unlawful company. These assets have been mixed with an unlawful transaction which Shari'ah has prohibited. Thus, it is illicit money, whose buying and selling becomes unlawful, and dealing in such money is also illicit. This is also the case for bonds, in which money is invested with interest, and so is the case for bank shares and similar, since they all contain sums of illicit money; thus their buying and selling is unlawful, because the money contained in them is illicit.
This is as far as public companies, their systems and their shares is concerned. As for usury, which is the main calamity in the Capitalist economy and other economies, Islam has forbidden it categorically regardless of the rate. The usurious money is unlawful without any shade of a doubt, and no person has the right to own such money and it should be returned to its rightful owners if they are known. Due to the atrocity of usury, Allah (SWT) described those who devour it as those whom Satan has driven to madness by his touch. Allah (SWT) says:
"Those who devour usury will not stand except as stands one whom Satan by his touch has driven to madness. That is because they say: Trade is like usury. But Allah has permitted trade and forbidden usury. Those who after receiving direction from their God desist shall be pardoned for the past their case is for Allah to judge; but those who repeat the offence are companions of the fire. They will abide therein forever." [EMQ 2:275]
Also, due to the severity of the prohibition of usury, Allah (SWT) declared war against those who devour it. Allah (SWT) says: "O you who believe fear Allah and give up what remains of your demand for usury, if you are indeed believers. If you do not, take notice of war from Allah and His Messenger; but if you turn back you shall have your capital sums, deal not unjustly and you shall not be dealt with unjustly." [EMQ 2:278-279]
As for the inconvertible paper money standard: money is described as the medium which people agreed to have represent the value of goods and services, whether this was metallic or otherwise. It is the standard by which all the goods and services are measured. The metallic standard was widely used and prevalent long before Islam. When Islam came, the Messenger of Allah (saw) adopted the use of the Dinaar and Dirham as currencies, i.e. he adopted the metallic monetary standard. He (saw) made them the exclusive currencies measure by which all the goods and services were measured.
The world continued to adopt gold and silver as currency until just before the First World War when dealing in gold and silver was suspended. Then in the wake of the First World War dealing in gold and silver partially resumed. Then dealing started to diminish and eventually it was officially abolished on 15th July 1971, when the Bretton Woods standard stipulating that the dollar should be covered by gold and linked to a fixed price was cancelled. Hence, paper money became inconvertible (compulsory) and without any gold or silver cover. It also no longer acted as substitute for gold and silver and had no intrinsic value. The value of paper money was rather derived from the law that imposed it as a legal tender. The colonial powers used it as one of the means of colonialism and they set about tampering with the world's currencies to serve their interests. Hence, they occasioned financial upsets and caused economic havoc. They also increased the issuing of inconvertible paper money which led to a soaring of inflation and to a deterioration in the purchasing power of currencies. This was one of the factors that contributed to the shocks in the money markets.
The occurrence of these shocks in the Western world highlights the corruption of the Capitalist economic system, the public companies' system, the usurious banking system and the inconvertible paper money standard. It also highlights the fact that the world cannot be salvaged from the malaise of the Capitalist economic system and the shocks in the money markets as long as these systems exist. The only thing which will save the world from the corruption of this Capitalist economic system, the public company system, the usurious banking system and the inconvertible paper money standard is the abolishment of this corrupt Capitalist economic system including the abolishment of the public companies system or the transformation of these companies into Islamic companies. To save the world from this malaise, the usurious banking system and the inconvertible paper money standard must be abolished and a return to the gold and silver standard initiated. This will put an end to the horrific monetary inflation and the usurious bank loans. It will also put an end to the speculations that have caused these shocks in the money markets. The need for usurious banks will also come to an end.
Therefore, the economic situation in the world will be stabilised and the financial crisis will disappear. The pretext for having money markets will also disappear and with it the economic crisis. May Allah's mercy and peace be upon our Master the messenger of Allah (saw), his family, companions and those who follow them with goodness till the Day of
Judgment.
1-The
Public Limited Companies System.
As for the public
limited company' system, it is set up in the first instance to
enable businessmen and their businesses to protect their huge
capital against the creditors and others who have interests in
the business, in the event that some of these business
ventures fail. It also enables them to control the ordinary
shareholders who invest in these businesses. The
distinguishing characteristic of the public company is that it
has limited liability; hence if its business fails and losses
are incurred, those who have rights upon the company would not
be able to claim anything back from the investors, regardless
of the amount of their capital (share-holding). They would
only be able to claim back what is left in the company in
terms of its capital.
It is an
established convention in the West that the public limited
company is established and declared by the state, not its
founders. It is the state that issues the memorandum of
association, specifies the nature of its business and the
number of its shares. It is also the state that publishes the
main articles of association. Hence, the public limited
company has a corporeal personality that is totally
independent of its investors. It gives the people who have a
vested interest in the company the right to account it alone
and not the investors. Thus the company's liability is limited
to what is left in the company itself and does not extend to
what the investors have in terms of money.
When the state
issues the memorandum of association for a public limited
company, it appoints an interim board of directors from among
the founders, i.e. those who have applied for the company to
be established. The board would appoint a chairman and the
company would start selling shares in the form of transferable
certificates. The holder of such shares has a host of specific
and limited rights. These would include his dividend from what
the company decides to distribute in terms of profits or his
share from the company's capital if it decided to wind up its
business. They also have the right to vote yearly to elect a
new board of directors. However, all these rights are in
relation to the shares they hold and not in relation to the
investors. For instance, when voting for the board of
directors, the votes would be according to the number of
shares held and not according to the number of persons. Hence,
if one person owned half of the shares plus one and if the
number of the other shareholders who own the remaining shares
were 100,000, that single shareholder with the majority shares
would have the decisive vote in electing the board of
directors, and the votes of the other shareholders would have
no value whatsoever.
Businessmen do
not usually need half the number of shares in a company in
order to control it, sometimes 5% or 10% is sufficient. This
could either be due to the fact that most of the small
shareholders are dispersed, or due to cooperation between a
group of major shareholders to elect a board of directors,
thus controlling the capital of all the shareholders and
managing all the company's affairs. This is a tangible reality
perceived by all people, and before such a reality, most of
the shareholders would have no power to have any say over the
capital they invested in the company, save for the trading in
the shares of the company in the stock market. This in fact
does not make them partners in the company, but mere owners of
company share certificates, which they buy and sell in the
stock market, without the need of permission from either the
company or its shareholders.
Furthermore,
the stock markets enable the controlling shareholders to sell
their shares without seeking anyone's permission and without
having to inform anyone. Hence, they could in fact wash their
hands of any liability pertaining to the activities of the
company which they controlled and for which they run its
affairs. Also, when they wish to buy more shares, be it of the
same company or another company, they need not consult anyone.
What prompts them to buy some yet sell other shares is the
motive for instant profit; thus, if the value of the shares of
a company that they control increased, they would sell all or
part of their shares, then if the value decreased they would
buy their shares back. Therefore, they have no loyalty to the
company or to other shareholders, or to the business of the
company or its staff. The capitalists aim from controlling a
certain company through its board of directors is merely to
influence its activity in a manner leading to the rise in the
value of its shares.
All this has
led to a split between the stock markets and other securities,
and the real economy, i.e. the reality of the companies whose
shares are traded. What confirms this fact is the ratio
(price/earnings ratio) that traders constantly monitor in the
stock market, using it as a standard to gauge the increase and
decrease in the value of shares of a specific company. It is
the rate of the current price of a share compared with the
annual dividend paid by the company for each single share. For
instance if the annual profit of a single share were 2 dollars
and the price of the share in the stock market were 40
dollars, the price/earnings ratio would be 20. In other words
the profit of the company per share would be 5% of the price
of that share. Newspapers publish these ratios daily, for all
companies whose shares are traded in the stock markets. By
reviewing these ratios, we note that they diverge from each
other a great deal. The rate for some companies could in some
cases reach 100, while for others it could be as low as 5.
This indicates the split in the relationship between the
securities and stock markets, and the real economy and the
reality of companies. It also indicates that the stock market
has turned into a big casino. Speculation dominates the stock
markets with sharp and repeated fluctuations becoming a
feature of the market.
2- The
Usurious Banking System.
As for the
usurious banking system, it is considered as the chief
calamity of the Capitalist economy. This is so because thanks
to it, the banks managed to collect people's moneys under the
name of deposits and to dispose of their moneys, as if they
were the moneys of the banks and not the moneys of the
depositors. They also managed to legitimise what they had
collected in terms of funds from depositors by lending these
funds to capitalists and businessmen, including traders in the
stock markets, and also by lending money to the depositors
themselves in some cases, then charging a guaranteed rate of
interest for each loan.
However, this
legitimising process is only partial. This is so because the
banks' owners, most of whom happen to be capitalists and their
companies, are given priority in acquiring loans, and these
loans are at a reduced rate of interest. Other capitalists and
businessmen are second on the list under the pretext that the
default risks are minimal. Finally come the small businessmen
and consumers from among the common people. This bias is
clearly reflected in the disparity of the interest rates
applied to each. In America for instance, the rate ranges from
5.8% on loans given to capitalists and major companies, to 20%
on loans given to purchase a car. In conclusion, the interest
system leads naturally to making people's moneys circulated
among very few people.
The role of the
banks in the stock markets is more dangerous than their role
in the real economy. This is so because they lend the dealers
of shares loans which exceed what they have in cash by
manifolds. For instance, a share whose price in the stock
market is $100.00 can be bought with $5.00 from the buyer's
own cash and $95.00 with money borrowed from the bank, or
borrowed from brokerage houses who in turn borrow it from the
bank. This means that this person who deals in the stock
market can buy a number of shares whose price is twenty times
more than his cash can buy. However, the bank does not lend
this sort of money to anyone except the very wealthy
capitalists, this means that only those persons would be able
to multiply their purchasing power in the market, thanks to
the banks, and consequently increase their influence over
these markets and increase their wealth at the expense of the
common people from among the depositors or the traders.
Since most of
what is bought in terms of shares is financed by loans that
hugely exceed their values, a sharp fall in share prices is
often followed by a further fall. For instance, if a bank were
to agree to lend one of the traders 90% of the value of shares
which he wants to purchase, and this trader were to buy shares
for $1,000,000 his loan from the bank would be $900,000. Then
if we were to assume that the value of his shares fell by 20%,
i.e. it became $800,000, the authorised loan would become
$720,000, i.e. 90% of $800.000. In this case he would have to
repay the bank immediately the sum of $180,000 of his loan, in
order to maintain the percentage of the loan at 90% of the
value of shares. If he had the money he would not be forced to
sell any of his shares whereas if he did not have it, he would
be forced to sell his shares immediately to pay off his
outstanding debt to the bank. This would increase the supply
of shares and would lead to a further decrease in prices. If a
host of traders were put in the same situation, this would
lead to a constant fall in prices and perhaps to an agitation
in the market.
Therefore, the
role of the usurious banking system in the stock market shifts
between inflating and deflating trading and prices. Hence,
when the prices of some specific shares increase, banks tend
to offer large amounts of money in terms of loans to those who
trade in those specific shares, thus multiplying the amount of
cash they have at their disposal. Those traders would in turn
rush to buy more shares and the prices would continue
increasing to an exaggerated level. However, the situation
could change overnight. The prices of some specific shares
could fall for any reason, such as a rumour or the failure of
a project. The banks in this case would reduce their lending
due to the decrease in the value of the shares which acted as
securities against the loans they had issued to the traders.
Those traders would in turn resort to either selling some or
all of the shares and this would precipitate a fall in prices
to an exaggerated level. This would consequently lead the
banks towards reducing further, their lending due to the
constant fall in share prices.
In answer to
the question of where the banks get these funds from and where
do they take them when they reduce their lending, the answer
is that these funds belong to the depositors in the first
place. Banks in the usurious banking system rely on people
keeping their savings in the banks. They also rely on the fact
that most of what is withdrawn from one account ends up in
another account in the same bank or in another bank, and most
of the moneys remain in the banks. What the banks lend to
borrowers is not in fact money in kind that goes out of the
banks' deposits, but rather a money in an account, that the
bank creates by opening two accounts for the borrower, one for
the loan that he owes and another as a deposit account holding
the sum generated from the loan, for the borrower to withdraw
what he needs. If most of the depositors and borrowers were to
withdraw their deposits in cash all at once, they would not be
able to do so, because most of those deposits are turned into
loans which may be losses or may be in other banks, and thus
they cannot be cashed in instantly. In such a case, the bank
would often have to be shut down and liquidated.
The usurious
banking system is based on trust in the banks and based on the
fact that people's deposits are safe, i.e. that they can
withdraw all of their deposits whenever they wished. However,
this statement is deceptive and different from the reality of
the banks. This deception has been exposed several times in
the West and in other parts of the world, when depositors
could not withdraw their deposits and lost huge sums of money
as a result, and the banks were shut or declared bankrupt.
Therefore, the West invented the inconvertible paper money,
also known as Compulsory Bills.
3-The
Inconvertible Paper Money Standard.
The supervision
of this inconvertible money is assigned by the government to a
central bank. And all this is merely to cover up the flaws of
the usurious banking system, and to cover up the fact that it
is based on deception, to prevent it from collapsing and to
maintain people's confidence in the Capitalist system. The
inconvertible paper money system gives powers to the Central
Bank to issue a currency to be circulated throughout the
country in the shape of printed papers that have no intrinsic
value whatsoever. The government forces people in the country
to accept this currency in fulfilling their financial
commitments. If any of the citizens were to refuse this paper
as a settlement to a debt they were owed, the law and the
courts would force him to accept it; otherwise he would lose
his claim and his rights.
This means that
the Central Bank reserves the right to issue money that it
deems necessary to implement the government's policy. For
instance, when the treasury runs out of moneys that the
government had levied in taxes or other, it resorts to the
Central Bank and borrows from it. A loan is recorded against
what it borrows and a deposit account is opened so that the
treasury could withdraw what it needs to cover its
expenditures. This would be considered as new money. Also, if
the Central Bank deemed that there was a need for more money
in the country, to lend to borrowers, it would purchase a host
of exchequer bills or company securities, and it would record
the value of these bills in the accounts of those who sell
them, either at the Central Bank itself or in the commercial
banks. This would also be new money.
An
example: of this is what took
place in October 1987 when the share prices in New York fell
by 22% in one single day. The U.S. Central Bank issued at once
huge amounts of money and put it at the disposal of the banks
in order to redress the effects of the shock. The Central Bank
bought billions of dollars worth of bills (securities) and put
these amounts at the disposal of the banks, to lend to the
dealers in the stock market and ease their hardship; the
system succeeded for a while in riding the storm and covering
up the flaws of the usurious banking system despite rumours
circulating that Citibank, one of the leading banks in New
York, was about to shut down.
Issuing money
by printing paper money and placing it in the government's or
in people's accounts is also very costly, and the burden of
this cost is laid upon the common people who most of the time
fail to perceive its causes. This is so because the increase
of the money in circulation leads to a decrease in the value
of the currency; hence, one of the flaws of this system is
that it always suffers from an increase in the cost of goods
and services. The reality of this increase which some refer to
as inflation, is that it is a reduction in the value of
people's moneys and a reduction in the value of their wages
and their standard of living. However, the main flaw in this
system is that it is based on a confidence trick, i.e. on the
deception that the paper money has a value, whereas it has no
intrinsic value; however, the law of the land has imposed it
by force and made it a legal tender in the eyes of the
judiciary. This is why we note that when the political
situation in a weak country is easily undermined and when the
State's reverence is shaken, its paper money becomes very weak
and its rulers often resort to reducing the value of the
currency vis--vis other currencies (devaluing), hoping to
start afresh the confidence trick and to deceive people with
regard to the value of the currency.
This is the
reality of the stock markets in the West and in every country
that follows and emulates the West. The stock markets are the
hotbeds of the businessmen, for they do not produce any
commodity that could be useful to people and there is no other
incentive for the traders except a quick and easy profit.
Stock markets are more like casinos than anything else. They
are like cobwebs that can easily be shaken. They represent the
symbol of the capitalist greed and gasping for material
values. Had it not been for the Capitalist economic systems,
such as the public limited companies, the usurious banking
system and the inconvertible paper money, these parasitic
markets would not have existed and would not have been able to
survive. This is the reality of the stock markets in the West
and in every country that follows and emulates the West.