Who is to bear the lawyer's fees and the fine resulting from the closure of an unlicensed dental clinic established on the basis of speculation, is it the doctor or the capital owner, knowing that the partnership lasted three years and both parties benefited from the profits?
This issue is closer to an (leasing/hiring) contract. The doctor is an ajir (hired hand/employee), and therefore, he is not liable for the expenses of the lawsuit and the resulting fines, unless there was an act of transgression or negligence on his part. This is based on the understanding that the equipment and devices were provided to the doctor solely for him to work with, in exchange for a percentage of the profit, and the devices are owned by them. This resembles ijarah in which the fee can be a percentage of the profit, as stated in books of fiqh. Based on this, the doctor is not obligated to pay any fines or what has been imposed on the establishment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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