مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم

اسم الکتاب : مسائل المنتخبه (Articles Of Islamic Acts) المؤلف : الخوئي، السيد أبوالقاسم الجزء : 1 صفحة : 627

possible that it may fall under the category of hiring, but it will not be treated to be purchase and sale or compromise.

SALES OF SHARES
2864. If a bank charges wages for selling the shares of a company and transferring the documents, the transaction is in order, because from the point of view ofjurisprudence it is either hiring or the juala (agreement). In case, therefore, the bank charges wages by mutual consent the transaction is valid and the bank is entitledto get wages.
2865. Similarly there is no harm in the transfer and sale of shares and other documents. However. if the transactions of the shareholders lend color to interest thepurchase and sale of the shares and documents is not lawful.

INTERNAL AND EXTERNAL DRAFTS
(i) If a bank issues a draft as a consequence of which a person who has deposited money in the bank receives his money at another place, it may possibly be said that as the bank has a right to make payment to an account holder at the place where he deposited the money, it is entitled to receive some wages from the depositor for making payment at other place.
(ii) If the bank issues a draft in favor of a person who has no account in the bank, it can charge wages from him, because it provides a means for him to obtain a loan from the internal or external agent and this assistance amounts to service rendered to that person. Furthermore, if the bank has provided foreign currency it is entitled to insist on repayment being made,in foreign currency and in the event of its abandoning this right i.e. if it accepts local currency instead of foreign currency it

Because it may be said that the shareholders of the company hire the bank for this task.

اسم الکتاب : مسائل المنتخبه (Articles Of Islamic Acts) المؤلف : الخوئي، السيد أبوالقاسم الجزء : 1 صفحة : 627

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