Renting Shares in the Capital Market and Analyzing it Based on the Nature of Stocks from the Perspective of Jurisprudence and Law

Governments and companies use financing tools to expand their economic activities. Islamic securities were designed by Islamic thinkers according to Sharia (Arabic: شریعة, Romanized: sharīʿa, religious law) restrictions on the use of conventional financial instruments. Lease bonds are currently distributed on the basis of the physical property (tangible asset) of financing applicants. The subject of this article is to investigate the distribution of lease bonds based on shares as an intangible asset. What is challenging about these securities is the jurisprudential-legal explanation of share renting. First, it is necessary for this purpose to analyze the possibility and accuracy of the stock lease according to various analyses of the nature of the shares and then, include the benefits and interests of shares that can be transferred in the form of a lease contract. The stock lease in this paper is discussed by descriptive-analytical method. Accepting share rent among various analyses of the nature of stocks based on the opinion of famous jurists seems to be facing challenges, but according to the view that the company is considered as a constructive possession and considers the share as a joint part of that property, the share lease can be considered correct.