تأسيس شركة المساهمة العامة في قانون الشركات اليمني والفقه الإسلامي دراسة مقارنة
The comparative study between secular and Islamic jurisprudence (Fiqh) has become a goal of many researchers. Therefore, this research aims to identify the public shareholding company documented (IPO) in the commercial companies' law and Islamic jurisprudence, and the legal regulation of jur...
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| Format: | Thesis |
| Language: | other |
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| Summary: | The comparative study between secular and Islamic jurisprudence (Fiqh) has
become a goal of many researchers. Therefore, this research aims to identify the
public shareholding company documented (IPO) in the commercial companies' law
and Islamic jurisprudence, and the legal regulation of juristic, and the statement of
its legitimacy. Besides, in order to safeguard the company's illegal actions
accordingly and legally, it has to protect the subscribers and shareholders in the
company from falling into the dealings of interest-based transactions or forbidden
transactions. The research acknowledged the effects of public shareholding
company established and transformed legal and doctrinal issues. The researcher
adopt the descriptive approach which allows to address a wider range of legal
organizations to establish a public shareholding company. The research adopt the
inductive approach to the phenomenon of public shareholding company established
through various data collection. The research sum up with several conclusions,
which include the existence of an agreement between the Yemeni law and the
Islamic jurisprudence (Fiqh) in founding the company general contribution, which
means the legality of the establishment of public shareholding company and the
IPO. The actions and behaviors carried out by founders during the process of
incorporation asked by solidarity in the event of invalidity of the founding of the
public shareholding company. In conclusion, the shareholder has the right to sell his
share, including the right to subscribe and contribute to the company except in the
contribution of their excellent preference shares which meet the contributors
without another individual that allows shares to shareholders the equal rights, as
well as companies that provide its commercial activity and companies that deal
with riba lending and borrowing. |
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