اندماج الشركات في الفقه الإسلامي وأثره على تطوير الصناعة المالية الإسلامية

Abstract

The merger among the companies has become a known phenomenon in the contemporary economic life. This phenomenon has its reasons, particularly between the large companies. As a result, this merger is one of the methods of formation of large economic projects and a means of formation of holding companies. It has become a point of economic, jurisprudential and legal interest. Merger of the companies can be done through merging a company or companies to another company or mixing between two companies or more to form a new company. Merger also takes a multiple picture and results in legal implications on the companies involved in a merger and partners and others. In Islamic Figh/jurisprudence, there are practical applications adopted by the researcher at the jurisprudential/ fighcompliance for merging companies through combining a company to another or with another. Moreover, the practices of contact theory enables contactors to amend the terms of the contract. Thus, this leads to merging the company to or with another one and, in addition to implications for the companies and partners and others. In this presentation, we focus on the implications of the merger of companies in the development of Islamic financial industry through developing and concentrating the economic activity of the merged companies, providing technical and specialized expertise that contribute to the development and engineering of the Islamic financial industry and economic efficiency and legitimate credibility for Islamic financial innovations, as well as convenient environment for the financial innovation in the Islamic financial industry within the purposes of the Islamic Sharia. In this presentation, the researcher adopts the method of comparative analytical to reach the scientific findings and present the recommendations to the specialists and professionals of Islamic financial industry.