The principle of free stock trading and its challenges in the stock market : a comparative study

Main Article Content

hasan fadhil lafta

Abstract

Stocks play a significant and pivotal role in driving development, providing an investment climate that leverages savings and channels them into necessary investment channels. This has a profound impact on individuals and, subsequently, societies as a whole. Stocks play their role in fostering national economic growth by contributing to development projects that countries need to drive the development process, which in turn impacts individuals in particular. It is then an important tool for small investors to grow their savings through the profits they have contributed to, and an important financing tool for companies that need financing to achieve their goals, and even to grow the shares of companies and financial institutions to secure the profit they need to draw the required amount desired by financial companies.


   Through this importance of trading their shares, the importance of the principle of trading shares in the stock market based on speculation in shares and even bonds increases and becomes clear, which has become an economic activity by which the national general economy is measured, despite the fact that this principle is considered part of the public order and the imposition of restrictions, whether regulatory or legal. However, this principle should not be violated, even if there is a crack in the principle, as we are trying to examine how to trade stocks in a legal and legitimate manner without compromising public stability and public order. We will address the legal and legitimate restrictions on the principle of free stock trading, and address legal reform and legitimate alternatives to revive the Iraqi stock market

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How to Cite
fadhil lafta ح. (2025). The principle of free stock trading and its challenges in the stock market : a comparative study. MIsan Journal of Comparative Legal Studies, 1(13), 405–431. Retrieved from https://uomisan.edu.iq/law/mjcls/index.php/mjcls/article/view/456
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Articles

References

Abdul Aziz Ezzat Al-Khayat, Stocks and Bonds, Dar Al-Risala, Beirut, Scientific Books House, 1418.

Abu Zaid Radwan, Joint Stock Company, Dar Al-Fikr Al-Arabi, Egypt, First Edition, 1404.

Al-Qaradawi, Youssef, Selling Shares in the Balance of Islamic Sharia, Wahba Library, Cairo, 2004.

Bassem Al-Zaidi, "Financial Trading in the Iraqi Market: Reality and Challenges," Iraqi Center for Economic Development, 2020.

Bassem Mohammed Saleh: Adnan Ahmed Al-Azzawi, Commercial Law, Al-Atak Company, Cairo, 2000.

Decisions and Recommendations of the International Islamic Fiqh Academy - International Islamic Fiqh Academy, Vol.

Elias Nassif, The Complete Book of Commercial Law, Beirut, Dar Al-Maktaba Al-Ilmiyyah, Second Edition, 1424 AH.

Latif Jabr Komani: Ali Kazim Al-Rifai, Commercial Law for Students of Management and Economics, Al-Mustansiriya University, Baghdad, 2000.

Mubarak bin Salman Al Sulaiman, Subscription and Trading in Shares, Treasures of Ashbilia, Riyadh, Third Edition, 2006.

Third: Letters and theses:

Abdul Sattar Abu Ghuddah, “Stocks from a Sharia Perspective,” Journal of the Islamic Fiqh Academy, Issue 15, 2003, p. 291.

Al-Dulaimi, Haider, “Contractual Restrictions on Stock Trading,” Journal of Legal Studies, Issue 19, p. 83.

Contemporary Applications of Islamic Financial Transactions - Ali Al-Salous.

Fourth: Research:

Hamdia Abboud Kazim, Bank Liquidation According to Iraqi Banking Law No. 94 of 2004 "A Comparative Study", Maysan Journal of Comparative Legal Studies, Issue No. 5, Volume (1).

Lamia Hussein Asi, Trading and Investment in Cumulative Stocks (A Comparative Study), Maysan Journal of Comparative Legal Studies, Issue 10, Volume 1, 2024

Muhammad Hassan Al-Mousawi, “Legal Restrictions on Free Trading of Shares,” Journal of Law and Economics, University of Baghdad, Issue 33, 2021, p. 44.

Restrictions on Stock Trading in Iraqi Law - Zainab Abdullah Khalil (Master's Thesis, University of Baghdad).

Saeed Al-Adli, “Financial Legislation in Iraq: Between Harmonization and Replication,” Journal of Legal Studies, Al-Nahrain University, Issue 19, 2021, p. 67.

Saif Abdul Hamid, "The Legal System of Electronic Trading in Iraq," Journal of the College of Law, University of Karbala, Issue 25, 2022, p. 113.

Saja Majid Dawood, Legal Liability for the Bank's Obligation to Examine Documents "A Comparative Study", Maysan Journal of Comparative Legal Studies, Issue No. 6, Volume (1).

Securities Trading between Freedom and Legal Regulation - Qais Abdul Amir (PhD Thesis, Al-Nahrain University).

Fifth: Laws:

Iraqi Securities Law No. (74) of 2004 - Iraqi Securities Commission.

Companies Law No. (21) of 1997 (Amended) - Iraqi Ministry of Trade.

Iraq Stock Exchange Law No. (5) of 2006 - Iraq Stock Exchange.

Iraqi Constitution of 2005 - Iraqi Council of Representatives.

Jordanian Securities Commission Law No. 76 of 2002.

Central Bank of Iraq Law No. (56) of 2004 - Central Bank of Iraq.