Selling Short as Ijarāh with Istiḥsān and Its Ethical Implication
In: Arab Law QuarterlyFor most scholars, the concept of selling short, where financial assets are sold without prior possession or ownership, transgresses Islamic principles. However, the Sharīʿah Advisory Council of the Securities Commission of Malaysia (sac) went against the majority by permitting short selling in 2006. Conventional finance points out that short selling increases liquidity, facilitates price discovery, and enables informational efficiency. Muslim scholars are facing a dilemma: on the one hand, Sharīʿah principles dictate that Islamic capital market transactions and instruments should remain devoid of elements of ambiguity and prohibited characteristics, but on the other hand, the Sharīʿah also demands that the transactions be of social utility to the participating parties. It appears that the sac allows regulated short selling on the basis of ijārah with istiḥsān. This article strives to highlight the jurisprudential issues regarding short selling and contribute to an Islamic angle on the ethical implications affecting this phenomenon.
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-
1
M. Ariff, ‘The Role of Market in the Islamic Paradigm’, IIUM Journal of Economics & Management 5(2) (1997): 97-107.
-
6
J. Clunie & T. Ying, Developing Short-Selling on the Mainland Chinese Equity Markets, unpublished manuscript, University of Edinburgh, 2006.
-
7
A.W. Lo & A.C. MacKinlay, ‘When are contrarian profits due to stock market overreaction?’, Review of Financial Studie s 3(2) (1990): 175-205.
-
13
A.W. Dusuki & A. Abozaid, ‘Fiqh issues in short selling as implemented in the Islamic capital market in Malaysia’, Journal of King Abdul Azis University : Islamic Economics 21(2) (2008): 63-78.
-
15
A. Mohamad, ‘Creating a Two-Way Market via Short Selling and Its Potential Use in the Islamic Paradigm’, International Journal of Economics, Management and Accounting 21(2) (2013): 29-43.
-
19
M.U. Chapra, ‘Comments on M.M. Metwally: Role of the Stock Exchange in an Islamic Economy’, Journal of Research in Islamic Economics 3(1) (1985): 75-81.
-
20
Muhammad bin Salih ʿUthaymin, Al-Sharh Al-Mumtiʿ ʿAla Zad Al-Mustaqniʿ (Riyad: Mu’assasah Aʿsam, 2008).
-
22
Ibn Aḥmad Sarakhsĭ, supra note 17.
-
26
M. al-Zarqa, Al-Madkhal Al-Fiqhi Al-ʿAamm: Al-Fiqh Al-Islami Fi Thawbihi Al-Jadid (Damascus: Dar al-Fikr, 1968).
-
28
O.A. Lamont & J.C. Stein, ‘Aggregate Short Interest and Market Valuations’, American Economic Review 94(2) (2004): 29-32.
-
29
W.B. Irvine, ‘Ill-Wind Investing: The Ethics of Wishing’, Journal of Business Ethics 35(1) (2002): 57-63.
-
30
J.J. Angel & D.M. McCabe, ‘The Business Ethics of Short Selling and Naked Short Selling’, Journal of Business Ethics 85(1) (2009): 239-249.
-
32
E. Boehmer & J.J. Wu, ‘Short Selling and the Price Discovery Process’, Review of Financial Studies 26(2) (2013): 287-322.
-
33
H. Berkman & M.D. McKenzie, ‘Earnings Announcements: Good News for Institutional Investors and Short Sellers’, Financial Review 47(1) (2012): 91-113; E. Boemer & E.K. Kelley, ‘Institutional investors and the informational efficiency of prices’, Review of Financial Studies 22(9) (2009): 3563-3594.
-
36
A. Curtis & N.L. Fargher, ‘Does Short-Selling Amplify Price Declines or Align Stocks with Their Fundamental Values?’, Management Science 60(9) (2016) 2324-2340.
-
37
Boehmer & Wu, supra note 32.
-
39
H. Working, ‘Speculation on Hedging Markets’, Food Research Institute Studies 1(2) (1960): 185-220.
-
40
Mahmoud A. El-Gamal, Islamic Finance: Law, Economics, and Practice (Cambridge: Cambridge University Press, 2006).
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Selling Short as Ijarāh with Istiḥsān and Its Ethical Implication
In: Arab Law QuarterlyFor most scholars, the concept of selling short, where financial assets are sold without prior possession or ownership, transgresses Islamic principles. However, the Sharīʿah Advisory Council of the Securities Commission of Malaysia (sac) went against the majority by permitting short selling in 2006. Conventional finance points out that short selling increases liquidity, facilitates price discovery, and enables informational efficiency. Muslim scholars are facing a dilemma: on the one hand, Sharīʿah principles dictate that Islamic capital market transactions and instruments should remain devoid of elements of ambiguity and prohibited characteristics, but on the other hand, the Sharīʿah also demands that the transactions be of social utility to the participating parties. It appears that the sac allows regulated short selling on the basis of ijārah with istiḥsān. This article strives to highlight the jurisprudential issues regarding short selling and contribute to an Islamic angle on the ethical implications affecting this phenomenon.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 461 | 82 | 4 |
| Full Text Views | 190 | 2 | 0 |
| PDF Views & Downloads | 33 | 3 | 0 |