Sharia Compliance & Jurisprudence

How Hisaab evaluates equity compliance: from core business activity exclusions to financial balance sheet ratios and dividend purification rules.
1.

AAOIFI & Mainstream Compliance

There is no single global regulatory body that mandates stock compliance. Instead, major Islamic financial boards publish rigorous criteria. Hisaab defaults to the internationally respected AAOIFI Standard No. 21 (Accounting and Auditing Organization for Islamic Financial Institutions) while allowing users to select Mainstream standards (DJIM, S&P Shariah, FTSE) in Settings.

Two-Step Gatekeeper: To be classified as Halal, a company must pass both Sector Activity Screening (what the company sells or produces) and Financial Ratio Screening (how the company manages its debt and liquid capital).
2.

Business Activity Exclusions

The primary business operations and revenue sources must be permissible (Halal). Any company with primary operations in the following categories is strictly disqualified:

Conventional Financial Services
Interest (Riba)-based banking, lending, and insurance institutions.
Alcohol Production & Distribution
Breweries, distilleries, and retail channels primarily dealing in alcoholic beverages.
Gambling & Betting
Casinos, lottery syndicates, sports betting, and games of chance (Maysir).
Pork & Non-Halal Meat Production
Production, processing, or trade of pork products and non-halal meat.
Tobacco & Nicotine
Cigarettes, cigars, and harmful tobacco/nicotine manufacturing.
Adult Entertainment
Pornography, adult media, and non-permissible hospitality establishments.
Weapons & Defense Contractors
Production of offensive military arms and destructive weapons.
3.

Financial Ratio Thresholds

Even if a business produces permissible goods, modern corporate finance frequently relies on interest-bearing debt or cash deposits. Islamic scholars established numerical thresholds to ensure impermissible financial elements remain strictly incidental:

Debt Ratio
AAOIFI: < 30%Mainstream: < 33%

Total interest-bearing debt divided by market capitalization (or total assets). Companies relying heavily on debt financing fail the screen.

Interest-Bearing Cash & Investments
AAOIFI: < 30%Mainstream: < 33%

Total interest-earning deposits and short-term investments divided by market capitalization. Prevents investing in cash-rich companies deriving substantial income from interest.

Non-Permissible Income Ratio
AAOIFI: < 5%Mainstream: < 5%

Revenue from non-halal ancillary sources divided by total revenue. If below 5%, the stock is eligible but that portion must be purified. At or above 5%, the stock is Non-Halal and must be divested.

4.

Global Standards Comparison

Different Sharia index committees use slightly varying denominators (Market Capitalization vs Total Assets) and debt limits:

StandardMax DebtMax CashMax ImpureDenominator
AAOIFIStrictest
< 30%< 30%< 5%Market Capitalization
DJIM
< 33%< 33%< 5%Market Capitalization
S&P Shariah
< 33%< 33%< 5%Market Capitalization
FTSE / MSCI
< 33%< 33%< 5%Total Assets
5.

Scholarly Background: The One-Third (33%) & Two-Thirds Principle

Major global Sharia index committees derived the screening thresholds from classical jurisprudence: for a business to be considered predominantly permissible, at least two-thirds (approx. 67%) must be free from interest debt, capping debt strictly below one-third (33%).

Narrated Sa‘d ibn Abi Waqqas (رضي الله عنه)
I said, "O Allah's Messenger (ﷺ)! May I will all my property (in charity)?" He said, "No." I said, "Half of it?" He said, "No." I said, "A third of it?" He said: "A third, and a third is much, for it is better for you to leave your heirs wealthy than to leave them poor, begging from others..."
Sahih al-Bukhari 2742, Sahih Muslim 1628sunnah.com/bukhari:2742

Modern corporate debt did not exist in early Islamic commerce, and interest (Riba) remains categorically forbidden. However, contemporary jurists (including AAOIFI scholars and the Dow Jones Sharia Supervisory Board) applied juristic analogy (Qiyas) to the Sa‘d ibn Abi Waqqas narration. Because the Prophet (ﷺ) established one-third as the boundary of what is "much" or influential (kathir), any incidental interest debt must remain strictly below 1/3 (< 33.3%). Inversely, at least two-thirds (≥ 66.7%) of the company's financing must remain pure equity.

◆The Juristic Maxim (للأكثر حكم الكل) — The Majority Rule

Under the classical legal maxim "Li al-akthar hukm al-kull" (The majority carries the ruling of the whole), when at least two-thirds of an enterprise is interest-free and permissible, the halal majority characterizes the stock. Additionally, companion Abdullah ibn Abbas (رضي الله عنه) noted in Sahih al-Bukhari 2743 that he preferred reducing bequests from one-third to one-fourth (25%) due to the Prophet's caution—which is why AAOIFI Standard No. 21 adopted an even stricter 30% ceiling rather than 33.3%.

Sahih al-Bukhari 2743sunnah.com/bukhari:2743
Important Disclaimer

Hisaab provides automated calculation workflows based on public methodologies. It does not issue religious fatwas or make individualized investment recommendations. Users should review screening criteria with qualified scholars.