Is OpenAI Halal? A Sharia Analysis for Muslim Investors (2026)

Verdict: Not yet determinable for retail investors, and the activity screen raises serious concerns. OpenAI is not publicly traded, so most Muslim investors cannot buy shares. For those with access to pre-IPO shares or planning to participate in the expected autumn 2026 IPO, the core AI business is permissible, but the defence contracts are a material problem under AAOIFI Standard 21. Until the S-1 filing reveals revenue segmentation and audited financial ratios, a definitive public-market ruling is not possible.
OpenAI filed a confidential S-1 with the SEC on June 8, 2026, confirming what the market already suspected: the most prominent artificial intelligence company in the world will go public. The filing comes after a $122 billion capital raise that valued the company at $852 billion, and it follows a $200 million Department of Defence contract awarded in July 2025. For Muslim investors, the question is immediate. Is equity in an AI research company permissible, or does its defence work and extreme valuation place it outside the AAOIFI framework?

What OpenAI Actually Is

OpenAI Group PBC is an American artificial intelligence company headquartered in San Francisco. It was founded in December 2015 as a nonprofit, transitioned to a capped-profit subsidiary in 2019, and converted to a public benefit corporation in October 2025. The OpenAI Foundation, a nonprofit, retains a 26 percent controlling stake. Microsoft holds 27 percent. Employees and other investors hold the remaining 47 percent.
The business has five segments.
  • Consumer and Enterprise AI (ChatGPT subscriptions, API, enterprise licenses): The core revenue driver. Revenue reached $13.1 billion in 2025.
  • Developer Tools (Codex, API platform): Software productivity tools for programmers.
  • Creative Tools (DALL-E image generation, Sora video generation): Content creation products.
  • Government and Defence ($200 million DoD contract; OpenAI for Government offerings): AI supplied to national security agencies. The Stargate Project, by contrast, is a commercial data-centre joint venture with SoftBank and Oracle and is not itself a defence activity.
  • Research (AI safety, alignment): Not a revenue centre.
The company is not yet publicly traded. The confidential S-1 filing means audited financial data exists but is not public. An IPO is expected in autumn 2026, but no terms or timeline have been disclosed.

The Property Question

Under classical fiqh, an investment requires an underlying asset with maliyya, the quality of being valid property. AAOIFI Shari'ah Standard No. 21, Financial Paper: Shares and Bonds (adopted 2004; 2015 English edition), together with the standards' treatment of intangible rights, recognises software licences and intellectual property as valid māl. OpenAI sells software subscriptions and API access, which are intangible but valid commercial assets. The halal vs haram in Islamic finance guide covers the default permissibility of trade in intangible goods.

The Riba Question

OpenAI carries no publicly disclosed interest-bearing debt because its capital has been raised almost entirely through equity financing. The $122 billion in committed capital from rounds led by Amazon, SoftBank, and Nvidia is equity, not loans. The $250 billion Azure services agreement with Microsoft is an operational cloud computing contract, not a financing instrument. Because the company is private, the standard AAOIFI financial ratios, debt to market capitalisation, cash and interest-bearing securities to market capitalisation, and interest income to revenue, cannot be calculated until the S-1 is public.
Allah says in Surah Al-Baqarah, verse 275:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
"But Allah has permitted trade and has forbidden interest [riba]." (Saheeh International, Qur'an 2:275)
When the S-1 becomes public, the three ratios can be applied. Until then, the riba screen is unverifiable for private shares, and the IPO price will reset all three ratios anyway.

The Gharar Question

Pre-IPO investment in OpenAI carries extreme gharar. There is no public market price, no dividend history, no guaranteed liquidity event, and no audited public financial statement. The confidential filing suggests an autumn 2026 IPO, but the timing, pricing, and even completion are uncertain. This makes any direct private investment high in uncertainty.
Once listed, the shares will be defined and deliverable, so contractual gharar falls away. An $852 billion valuation against a $9 billion estimated net loss is severe market risk, permissible to bear but worth naming plainly; the contractual gharar concern belongs to the pre-IPO stage. The ethical investing framework addresses this category of valuation risk.

The Maysir Question

OpenAI does not operate gambling, betting, or games of chance. The maysir screen is not engaged by the business model itself. The speculative nature of investing in a pre-IPO AI company at an $852 billion valuation without profitability is a financial risk, not maysir under the AAOIFI framework, provided the investor is purchasing equity in a productive enterprise. Risk in a productive enterprise, even extreme valuation risk, is not gambling.

Where Scholars Differ

None of the three scholars named below has issued an OpenAI-specific ruling. What follows applies their published methodologies to the facts; the extrapolations are ours.
The primary scholarly disagreement is not about the permissibility of AI software, which is largely uncontested, but about how to treat defence contracts and the lack of public financial data.
Sheikh Joe Bradford's equity screening guidelines (2024) apply the AAOIFI standard to publicly traded stocks. For private companies, his framework still applies the activity screen. He distinguishes permissible infrastructure from prohibited weapons development. The $200 million DoD contract and the Stargate Project's national security dimensions would likely fall on the non-permissible side if the AI is used for combat, targeting, or intelligence operations. However, OpenAI's usage policy explicitly prohibits weapons development, terrorism, and sexual violence, which is a stronger ethical stance than peers like xAI. This policy might be a mitigating factor in his analysis, though the presence of the contracts themselves is the primary concern.
Mufti Faraz Adam's stock screening methodology (2023), published through Amanah Advisors, takes a granular approach to revenue streams. His framework would require knowing what percentage of OpenAI's revenue comes from defence versus commercial AI. Because that breakdown is not public, his methodology cannot be fully applied. His general principle is that a company with a material prohibited revenue stream is non-compliant.
Mufti Taqi Usmani's equity conditions, set out in An Introduction to Islamic Finance (1998), require the company's main business to be permissible. He has published no position on AI or military contracting; extending his stricter method to OpenAI's defence work is our extrapolation, not his ruling.
On the AI safety question, some scholars argue that OpenAI's explicit prohibition on weapons development in its usage policy, and its nonprofit-controlled governance structure, make it more permissible than peers that removed such restrictions. Others argue that the presence of any defence contract at all is the determinative factor, and corporate policy statements do not cleanse revenue from prohibited activity.

What Remains Impermissible

Even if the financial ratios pass when the S-1 is filed, two considerations stand out. First, the sale of AI systems for military and intelligence operations, including the $200 million DoD contract, is a product built for a prohibited purpose under the stricter scholarly view.
Second, the lack of transparency itself is not a fiqh violation, but it prevents the investor from applying the AAOIFI screen. Investing without the ability to verify revenue sources or financial ratios is a practical barrier to compliance.

Practical Guidance

For Muslim investors, the guidance depends on access.
If you do not have access to pre-IPO shares, the question is theoretical until the IPO. Wait for the S-1 filing. The S-1 will contain the first audited revenue segmentation, debt figures, and business description. Only then can the AAOIFI screen be applied rigorously.
If you hold OpenAI indirectly through a venture fund, index fund, or ETF, you do not control the underlying selection. Purification methodologies differ. Under the dividend-based approach there is currently nothing to purify. Under the income-based approach, purification tracks the company's impermissible earnings regardless of distribution, which cannot be calculated until the financials are public. The stock itself, if held indirectly, is a matter for the fund's Shari'ah board.
If you are considering the IPO, evaluate the S-1 carefully. Look for the revenue split between commercial AI and government contracts. Look for the debt ratio. Look for interest income. If defence revenue is material, or if the activity description confirms the continuation of the DoD and Stargate partnerships, the dominant scholarly position will likely classify the stock as non-compliant.
You can run any stock through the AAOIFI screening framework on the stock screener and screen digital assets on the crypto screener. For a comparison of how defence exposure affects compliance, see the analysis of SpaceX stock and the Anthropic analysis, both of which apply the same framework to AI companies with military contracts.

Conclusion

OpenAI's core business, building and selling AI software, is a permissible commercial activity. Under AAOIFI Standard 21, the decisive questions will be whether defence work forms a material business line and whether impermissible income stays under the 5 percent threshold. Scholars differ on whether defence contracting is prohibited at all; the stricter view avoids the stock regardless of revenue share, while the standard screen tests materiality once the S-1 is public. Because OpenAI is not yet public, the exact financial ratios and revenue segmentation are unknown. The confidential S-1 filing means audited data exists but is not available. Muslim investors should wait for the public S-1 before making a determination. If the defence segment is material, the dominant scholarly position will classify the stock as non-compliant. If the company separates its commercial AI from its government contracts through a structural spin-off, that standalone commercial entity would be a more plausible compliant candidate. Until then, the answer is: wait, and watch the filing.

Frequently Asked Questions

Can I buy OpenAI stock now? No. OpenAI is privately held. The company filed a confidential S-1 on June 8, 2026, and an IPO is expected in autumn 2026. Only accredited investors with access to private markets can hold shares today.
Is AI software itself halal or haram? AI software development and licensing are generally permissible commercial activities. There is no inherent prohibition in creating or selling software under classical fiqh or AAOIFI standards.
Do OpenAI's defence contracts make it haram? It is contested. Some contemporary screeners treat military and intelligence AI as a prohibited activity; others treat lawful defence supply as permissible or as a purification matter if immaterial. Some scholars view OpenAI's explicit prohibitions on weapons development as a mitigating factor, but the presence of the contracts themselves is the primary concern.
What should I wait for before deciding? The public S-1 filing. It will contain audited revenue segmentation, debt figures, cash holdings, and a description of all business lines. Only then can the AAOIFI financial and activity screens be applied rigorously.
Does OpenAI pay a dividend? No. OpenAI has never paid a dividend. This means there is no purification obligation for current holders, but it does not change the permissibility of the stock itself.
How does OpenAI compare to Anthropic or SpaceX on defence? All three have defence exposure. SpaceX fails the activity screen on Starshield and content. Anthropic's Claude Gov is explicitly designed for classified national security work. OpenAI's usage policy prohibits weapons development, but the DoD contract and Stargate Project still create defence exposure. See the SpaceX analysis and the Anthropic analysis for detailed breakdowns.
Where can I verify the data when the S-1 is filed? The stock screener on this website updates when new SEC filings arrive. The figures above are based on OpenAI's public disclosures and the Wikipedia article on OpenAI as of June 2026.

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