Does the right fall when partnership is relinquished under duress, and is what happened considered an injustice?
The partnership contract is one of the permissible contracts that are nullified by the death, insanity, or interdiction due to profligacy of one of the partners, and either partner may dissolve it.
If the contract is dissolved, the partner has the right to demand the division of the company's assets, and he does not have the right to sell them to himself or to others without the consent of the other party.
In the event of disagreement between the partners, the judiciary shall arbitrate between them.
For coercion to be established, the coercer must have authority or dominance, the coerced must predominantly believe that the threat will be carried out, and the harm must be significant, such as death, severe beating, long imprisonment, or the seizure of a large amount of property.
Bay' al-Talji'ah (sale under duress): This occurs when a man fears an oppressor who might seize his wealth, so he conspires with another man to feign selling it to him for protection, without intending a real sale. This sale is not valid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 187824
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
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