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The question

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?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

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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Where this answer came from
Source platform
Ftawy
Original fatwa ID
170973
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy