Abstract
FINANCING PRIVATE SECTOR INSTITUTIONS FOR NON-PROFIT INSTITUTIONS: A JURISPRUDENTIAL STUDY RESEARCH
The aim of this research is to clarify the private sector institutions financing non-profit institutions in Islamic jurisprudence. Hence, there is no doubt that many non-profit organizations depend on these private sectors as a promising source to finance their charitable projects. These sectors greatly support charitable work, and for a long time; The private sector institutions are divided into establishments with permissible businesses, establishments with forbidden businesses, and establishments that originally have permissible activities, but they deal with what is prohibited This type of private sector is the most widespread in the world of sectors, therefore the problem of this research lies in finding the answer to the following main question: What is the ruling on financing private sector institutions for non-profit institutions? The researcher seeks to clarify the jurisprudential rulings related to that.
Hence, the researcher adopted the inductive approach in this research by explaining the opinions of the four jurisprudential schools: the Hanafi, Maliki, Shafi’i, and Hanbali, and committed themselves to extracting the opinion of each doctrine from the books of the doctrine, And after completing the induction, I used to analyze the sayings of the jurists on each issue separately, in order to extract from their opinions the most correct opinion on which the Sharia rulings were based according to them. At the end of the research, the researcher produced some results, the most prominent of which are: The basic principle in companies is that it is permissible if it is free from the legal prohibitions and prohibitions in its activities. Its shares may be owned or traded. Likewise, dealing with the shares of companies that were established for legitimate purposes, but sometimes they deal in forbidden purposes, it turns out that the objectors looked at the issue in terms of the transaction itself, and the explicit texts prohibiting it. As for the permissible, they allowed dealing in the shares of those companies, but they restricted that permissibility with conditions and did not release it.
Keywords
Financing private sector institutions, non-profit institutions, jurisprudence.
