Shari’ah Issues in Short Selling: Critical Analysis and The Alternatives

Abstract

This study aims to investigate the Shari’ah issues related to short selling and a discussion on its alternatives. Short selling refers to selling the stocks that the seller does not own, expecting a price decline, and then the seller will be able to repurchase it and profit from the price difference. The study critically discusses three Shari’ah issues related to short selling: the issue of selling something without having possessed, the issue of getting any benefit out of a loan, followed by the issue of gambling and speculation in short selling. This is a library research study, which critically analyses the issues with the help of secondary data comprising the related academic materials in both English and Arabic languages. The study finds that with the presence of few Shari’ah issues, the practice of short selling does not comply with Shari’ah injunctions. Furthermore, in the context of Malaysia, though the inclusion of Securities Borrowing and Lending (SBL) principles in Regulated Short Selling (RSS) reduce uncertainty (gharar), it does not make the practice of short selling fully complied with Shari’ah principles. Finally, the study discusses the incorporation of wa’d (promise) and salam (forward delivery sale) in the practice of short selling.