ضمان العائد الاستثماري وتطبيقه في الشركات الاستثمارية الإسلامية: دراسة فقهية تحليلية

Abstract

The study aims to uncover the Sharīʿah ruling concerning the guarantee of the Investment Return (as an obligation imposed by the capital provider (Rabb al-Māl) or a voluntary undertaking by the company). To achieve this, the research clarified the concept, nature, and permissibility of the guarantee (Ḍamān), then addressed its underlying causes and contemporary methods. The study also detailed the opinions of scholars on the issue of mandating or voluntarily offering the return guarantee (after the contract). The researchers employed two primary methods: the inductive approach, by tracing Sharīʿah texts and the views of classical and contemporary scholars, and the analytical approach, for discussing texts and opinions to determine the most authoritative view. The study reached important findings, concluding that it is impermissible to obligate the company to guarantee the investment return. However, a voluntary offering by the company after the contract's completion is permissible, provided it adheres to the requisite Sharīʿah parameters. The study recommended conducting further investigation into the validity of applying the concept of guaranteeing the Investment Return (through obligation or volition), in a manner that aligns with the requirements of the modern era and the Sharīʿah principles and objectives (Maqāṣid) in financial transactions.