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Fatwa ID: 81862
Title: Is the U.S. equity-based & royalty-based financing shariah-compliant?
Category: Financial Transactions
Scholar: Dr. Main Khalid Al-Qudah
Date: 07/14/2010

Question

Assalamu'alaikkum A Muslim investor wants to invest in my company. And so I offered two options that I'm guessing is shariah-compliant: 1) Equity-based: investor gets preferred stock rather than common stock 2) Royalty-based: investor gets 3-5x his investment IF the company generates revenue and by paying 10% of the revenues back to the investor until he reaches 3x or 5x his investment His question (and mine) is whether both these financing options are shariah compliant. There are lots of material on the differences between preferred and common stock for private companies as well as royalty-based financing so I am not including the links. In our case, preferred stock holders get 3-5x their money out first before others get their cash.


Answer

 

AAWW

Determining the status of these kinds of investments/ partnerships mandates reading the contracts themselves with all their technical details. Describing the transaction is absolutely not enough, although investing in stocks which belong to a Halal business is allowed, but what is the kind of relationship between the investor and your company? How do you charge him, lump sum or percentage? Do you guarantee him a profit or not?… and many other details must be provided to correctly analyze the relationship between your company and any potential client.