What is the ruling on a company formed after one partner buys a car in installments, and then the other partner pays part of his share and defers the rest, what is its legal name, and what is the correct method if it is impermissible, with evidence?
There is no objection to the described scenario, because Salah owned the car and sold half of it to Khalid, thus establishing a partnership between them. The deferral of part of the price does not harm this arrangement. This type of partnership is called a partnership of ownership or assets, and its rulings are as follows:
1. It is permissible for one of the partners to dispose of the joint property with the permission of the other, as long as it does not cause harm to him.
2. It is not permissible for one partner to compel the other to sell his share or to buy it. If the joint property is divisible, he may request division. If it is not divisible, he may request temporary division of usufruct (muhayat).
3. The proceeds of the joint assets are divided in proportion to the shares.
4. Each partner is a stranger to the other's share and is not considered his agent without his permission.
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- Original fatwa ID
- 97057
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