How can a contract be formulated to guarantee my future rights in an advertising marketing partnership, where I provide the effort, and the partner provides the office, employees, and funding, with a profit-sharing ratio of 60% for me and 40% for him? And what is the legitimate (Sharia) and legal designation for this contract?
The partnership of two individuals in which one contributes effort and the other contributes capital is a permissible Mudarabah (profit-sharing partnership), provided that the share of each in the profit is known and undivided, and that the worker does not guarantee the capital except in cases of transgression or negligence. Mudarabah is a permissible, non-binding contract, which can be terminated at any time according to the majority of scholars. However, the Malikis hold that it cannot be terminated unless the work is completed or the capital is converted into cash. The rights of theMudarib (working partner) become apparent upon the emergence of profit. The capital provider is not considered unjust if he replaces the worker with another who works for a salary, as long as he has fully paid the worker's share of the profit. It is permissible to specify a definite term for the Mudarabah, and it is also permissible for the worker to enter into an Ijara (leasing/hiring) contract for a salary, a percentage of the profit, or both.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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