Is the profit from the sale of gold to be distributed to shareholders in real estate trading, or not, knowing that the loss would have been paid from the questioner's own money?
If the mudarib (agent) takes the mudaraba (venture) funds and uses them for his personal benefit, he is considered to be in the position of a usurper. Scholars have differed regarding someone who usurps wealth, trades with it, and profits: to whom does the profit belong? The preponderant view is that it is considered a mudaraba between him and the owner of the wealth, and the profit is divided between them according to the prevailing custom in such mudarabat.
Accordingly, the profits from selling gold are included in the mudaraba, and the profits are divided among all partners according to the agreed-upon ratio between them. This is what Umar ibn al-Khattab, may Allah be pleased with him, ruled.
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