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Sharia Supervisory Board

Sharia Board Rulings — Shares

The Sharia controls for investing in company shares, how continued compliance is monitored, and the purification and divestment procedures.
Sharia Board Rulings — Shares
Screening criteria

Investing in the shares of trading companies

Adopted by the Board, with purification mandatory.
  1. The company's constitution must not name dealing in interest, or in prohibited goods, among its objects.
  2. Total interest-bearing borrowing — short or long term — must stay below 30% of the market value of the company's shares.
  3. Total interest-bearing deposits — short, medium or long term — must stay below 30% of that market value; depositing at interest is prohibited whatever the amount.
  4. Income from a prohibited element must not exceed 5% of total revenue, whether it arises from a prohibited activity or from holding a prohibited asset. Where revenue is not disclosed, a cautious estimate is made.
What this document covers

Monitoring, purification and divestment

  • Deferred murabaha may finance a share purchase once the bank owns the shares, provided the company meets the screening criteria; this does not extend to shares offered at incorporation or in a capital increase.
  • Shares of Islamic banks may be traded at a mutually agreed price once part of the bank's capital has become tangible assets and usufructs, on the principle of subordination.
  • Continued compliance is monitored against the Islamic index of the Damascus Securities Exchange, with prior approval for each new investment and an annual study fixing the purification ratio.
  • Purification is calculated per share at each set of final accounts, whether or not a dividend was paid, and the amount is credited to the charity account and may not be used.
  • A holding that breaches a criterion must be divested immediately; the capital gain on the share belongs to the bank, but operating income that breaches Sharia must be purified.

Original document

sharia-fatwas-shares.pdf 3 pages 159.2 KB

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The text above is a transcription of the official document, published so it can be read, searched and translated on any device. The signed PDF below remains the authoritative copy.