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The question

Is the partner obligated to pay the employees' dues from his own money if he is able to, and what is the ruling if he does not? And is he obligated to do so if he is not able, and what is the ruling if he takes a loan to pay them? And does the company have a financial liability independent of the liability of its owners?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The liability of partners in a contractual partnership is a single liability. Thus, each of them can demand from the other partner what he has borne of the company's debts, and the creditor can demand the debt from either of them.

Whatever debts one partner is obligated to pay, the other partner is a guarantor for them, in order to ensure equality. The guarantee between the partners is established before their separation and does not become void if they separate.

If the rights-holders demand their right from the questioner, he must pay it from his private funds, and then he can reclaim from his partner what is due from him. If he does not have private funds, then he is insolvent, and his creditor must grant him respite until he becomes solvent.

Whoever borrowed and paid their rights has replaced a debt with a debt, so there is no blame on him.

Islamic jurists did not consider companies to have independent liabilities; rather, debts accrue to the partners' liabilities, and creditors can recourse to their private funds. This is also what some positive laws have stipulated.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
187881
Imported
Translation status
Source text, unreviewed
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