Is it permissible to subscribe to local stock funds whose activity is permissible, but which borrow with interest up to one-third, provided that one-third of the money is given out, knowing that there are no purely Islamic stock funds currently available?
The preponderant and fatwa-issued opinion is the impermissibility of purchasing shares in companies that deal with usury, even if their original activity is permissible. This is in accordance with the resolution issued by the Fiqh Academy of the Organization of Islamic Cooperation and the Muslim World League, and it is also the view adopted by the Permanent Committee for Scholarly Research and Ifta in the Kingdom.
Some scholars and institutions have held the view that it is permissible, provided that the usurious interest portion is disposed of, on the condition that the amount borrowed with usury does not exceed 25% of the company's total assets, and that the income generated from impermissible sources does not exceed 5% of the company's total revenue.
There is a third opinion that distinguishes between prohibited activities: If the company's primary activity is permissible, but it directly engages in prohibited activities with a portion of its capital (such as trading in alcoholic beverages), then owning its shares is impermissible. However, if it deposits its funds in usurious banks or borrows from them, then owning its shares is permissible, provided that the usurious percentage is calculated and disbursed for charitable causes. They based this on jurisprudential maxims such as: "Public need takes the place of private necessity," "What is permissible as a تابع (subsidiary) is not permissible independently," and "The mixing of a prohibited minor part with a large permissible part does not render the whole prohibited."
It is preferable for a Muslim to avoid contention by acting with greater caution, which is to abandon that which is disputed regarding its prohibition.
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