Is the sum of 400,000 dinars received by one of the partners in a Mudarabah contract considered capital, or is its current value in gold to be calculated upon the liquidation of the project?
If the capital for the (commenda) is 400,000 dinars, then upon the liquidation of the company, the gold is sold and its price is added to the cash. Then, the capital (400,000 dinars) is deducted. The remainder is the profit, which is divided between the two partners according to their agreement. As for losses, they are borne by the capital provider.
However, if the capital was gold purchased for 400,000 dinars, there is a difference of opinion regarding the validity of the Mudarabah, with the preponderant view being that it is not valid. In this case, whatever remains at the end of the company, whether gold or cash, belongs to the capital provider. The worker is entitled to a fair wage (ujrat al-mithl) according to the majority of scholars. However, the Malikis have an opinion that he is entitled to a fair share of the profit (qirad al-mithl). The difference is that a fair wage is due whether the Mudarabah makes a profit or not, whereas a fair share of the profit is only due if there is a profit. The preponderant view is that the worker is entitled to a fair wage.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 57365
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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