Are the profits earned from a Mudarabah contract, whose capital was merchandise valued at $36,000, and the profits are divided into thirds (one-third for the maternal uncles, one-third for the Mudarib (managing partner), and one-third for expenses), halal? Is the contract Islamically permissible? And what is the solution if the answer is negative, especially after most of the funds have been spent?
There is no harm in speculative trading with goods if they are appraised and their value is made the capital of the Mudarabah (commenda) contract. Ahmad, in one of the narrations attributed to him, permitted Mudarabah with عرض (non-cash assets) provided that their value at the time of the contract becomes the capital. Therefore, there is no harm in the aforementioned contract and in benefiting from the previous profits, as long as the Mudarabah capital is known and can be clearly distinguished.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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