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Earning profit by investing in a company that sells goods which it does not possess.

Financial Transactions,Company and speculation,Earning profit by investing in a company that sells goods which it does not possess.

Fatwa No :
82331
| Date :
0000-00-00
معاملات / مالی معاوضات / شرکت و مضاربت

Earning profit by investing in a company that sells goods which it does not possess.

What do the esteemed scholars and honorable Muftis say regarding the following issue that there is a company by the name of ‘Mega Shopping,’ whose method of business is that it takes money from people and conducts transactions over the internet. Through this, it engages in the buying and selling of items such as gold, oil, silver, and currencies. Those who invest money in it conduct these trades and thereby earn profit, though at times they may also suffer losses. All of this business is carried out exclusively online. According to Shariah, is it permissible to engage in such a business and to become a member of it or not? Kindly provide an answer so that it may be a source of reward with Allah.

الجوابُ حامِدا ًو مُصلیِّا ً

For the validity of resale of movable goods, it is necessary that the seller takes possession of the goods being sold. However, in the case under question, the mentioned type of business usually does not involve possession of the goods; rather, profit is earned merely by adjusting the difference, which is impermissible and unlawful in Shariah. However, if a person appoints an agent or representative, who takes possession of the goods on his behalf and then sells them further, then such a transaction will also be permissible and valid in Shariah, and the profit derived from it will likewise be lawful and halal.

مأخَذُ الفَتوی

کمافی صحیح مسلم: عن ابن عباس قال قال رسول اللہ ﷺ من ابتاع طعاماً فلایبعہ حتیٰ یقبضہ قال ابن عباس وأحب کل شیئ بمنزلۃ الطعام اھ(2/ص5)۔
وفی البحر الرائق: (قولہ لایبع المنقول) ای لایصح لنھیہ۔ﷺ۔ عن بیع مالم یقبض ولان فیہ غرر انفساخ العقد علیٰ اعتبار الھلاک اھ(6/116)۔
وفی الھندیۃ: کل عقد جاز ان یعقدہ الانسان بنفسہ جاز ان یؤکل بہ غیرہ اھ (3/185)۔

And Allah knows best
Darulifta Jamia Binoria Aalamia

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