Futures’ Trading Practices in Pakistan: A Shariah-based Evaluation
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In Pakistan, stock and commodity futures are frequently traded on the Pakistan Stock Exchange (PSX) and Pakistan Mercantile Exchange (PMX). Futures contract is an agreement between two parties, namely the seller and the buyer, to deliver an asset at a future date against a particular price. It is a contract which comes into effect at a future point of time. A futures contract allows the buying and selling of underlying stocks or commodities at a certain date in the future, at future prices. It is generally settled in cash without delivering or receiving the subject matter or contract. Shariah scholars have divergent opinions about the validity and permissibility of such types of contract. This study aims to explain the Shariah position of these contracts. In particular, this article examines the divergent opinions of Shariah scholars, finance experts and economists on the issue. The prevailing view in modern Islamic jurisprudence is that futures are merely a form of speculation and gambling. Besides, there is no productive economic activity involved in futures trading. It is suggested that, while examining the validity or invalidity of futures a distinction should be made between the purpose of futures trading, as to whether it is for making speculative gains or for a genuine hedging purpose. The distinction should also be made between deliverable futures and cash-settled futures. Futures can be structured on two independent promises as well as wakalah contract.
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References
AAOIFI. (2017). Shariah standards (No. 21). https://aaoifi.com/shariaa-standards/?lang=en
Al-Dhareer, S. (1997). Gharar and its effects on contemporary transactions. Islamic Research and Training Institute, Islamic Development Bank, Jeddah.
Al-Suwailem, S. (2000). Towards an objective measure of Gharar in exchange. Islamic Economic Studies, 7(1), 61–102.
Anwar, M. (1995). An Islamic perspective on capital markets and "Islamic" securities in Malaysia. The Pakistan Development Review, 34(4), 865–878.
El Gari, M. A. (1993). Towards an Islamic stock market. Islamic Economic Studies, 1(1), 1–20.
El-Ashkar, A. A. F. (1995). Towards an Islamic stock exchange in a transitional stage. Islamic Economic Studies, 3(1), 79–12.
European Council for Fatwa and Research. (2004). The twelfth ordinary session of the European council for fatwa and research. https://www.e-cfr.org/blog/2017/11/04/twelfth-ordinary-session-european-council-fatwa-research/
Gazette of Pakistan. (2016). Futures market Act 2016. https://www.secp.gov.pk/wp-content/uploads/2016/03/Futures-Market-Act-2016.pdf
Ghazi, M. A. (1998). Mudarabah financing: An appraisal. New Horizon, (84), 3–7.
Hattab, K. (2007). Futures commodity from the perspective of Islamic law (Paper presentation). International Conference of the Financial Markets and Stock Exchanges, Umm Al-Qura University, Mecca, Saudi Arabia.
Kamali, M. H. (1996). Islamic commercial law: An analysis of futures. American Journal of Islamic Social Sciences, 13(2), 197–224.
Khan, M. F. (1996). Islamic futures and their markets (Research Paper No. 32). Islamic Research and Training Institute. https://www.academia.edu/8657955/Islamic_Futures_and_Their_Markets
Kunhibava, S., & Shanmugam, B. (2010). Sharīah and conventional law objections to derivatives: A comparison. Arab Law Quarterly, 24(4), 319–360.
Pakistan Stock Exchange Limited. (1980). Rules book of Pakistan stock exchange limited (PSX). https://www.psx.com.pk/psx/themes/psx/uploads/PSX_Rulebook_(updated_on_February_07,_2022)_1.pdf
Salehabadi, A., & Aram, M. (2002). Islamic justification of derivative instruments. International Journal of Islamic Financial Services, 4(3), 11–17.
Shahabuddin, S. A. J. (1988). Comments on Muhammad Akram Khan's" Commodity exchange and stock exchange in an Islamic economu". Journal Islamic Economics, 1(2), 71–76.
Usmani, M. T. (1996). Futures, options, swaps and equity investments. New Horizon, (52), 1–20.
Usmani, M. T. (2017). Islam Aur Jadid Maeeshat wa Tijarat. Idara Islamia Publishers.
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