What is the religious ruling on a partner demanding a guarantee of the principal capital, or a portion thereof, when a joint commercial project ceases operation and there are financial losses?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
What occurred between you is a partnership () and a commenda (); the capital is from both of you, and the work is from you. This is valid. What your partner demands regarding the guarantee of the capital has no basis for him; the loss is borne by each of you according to your share in the capital. And since the work is solely from you, you also lose your effort. There is no guarantee upon you for the loss unless you were negligent or transgressed. The existence of a trust receipt with him does not permit him to demand the entire capital from you, but only what remains of it.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/168507
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 168507
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy