قراءة فقهية نقدية للمعايير الشرعية في المختلط حلالا وحراما[Examining the Shariah parameters set for tolerating the unlawful activities in investment and financing]

This paper discusses the issue of financing of and investing in businesses that involve some unlawful activities, such as financing the purchase, lease or construction of real estate properties that serve liquor or have bars and casinos, or such as investing in the stocks of companies that borrow or lend on interest basis, or deal occasionally in Haram business activities. The paper examines the guidelines that outlined by some Shariah authorities to tolerate unlawful activities similar to the ones described above, if mixed with lawful ones. According to these guidelines, the unlawful activities in a business can be tolerated if they have not reached or exceeded a certain limit or percentage, and if the profit derived from these activities is excluded and channeled to charity. This paper is an effort to scrutinize these guidelines from Shariah perspective and examine the various justifications provided in their support. It also provides counter arguments and highlights the implications of adopting such guidelines in relation of realization of Maslaha (public interest); the cornerstone of their alleged validity.