What is the ruling on giving 60,000 Egyptian pounds to a pharmacist to invest in his private pharmacy, in exchange for receiving 2,500 Egyptian pounds monthly as a fixed profit, with a contract and a trust receipt to guarantee rights?
For this transaction to be valid, the capital of the pharmacy must be known when the amount is added, in order to determine the profit of both sums upon division. This is unless the pharmacy owner invests this specific amount separately, without mixing it with his own funds. A condition for (profit-sharing) is that the Mudarib (investing partner) does not guarantee the capital unless he transgresses or neglects. If the purpose of the trust receipt is for the pharmacist to guarantee the amount absolutely, then this invalidates the Mudarabah contract. Furthermore, it is not permissible for the profit to be a fixed, known amount that the Mudarib is obligated to pay to the capital owner; rather, it must be shared, for instance, by dividing the profit in half, or a third, or a quarter, according to the agreement.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 155266
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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