What is the ruling of the Sharia regarding the partner's entitlement to the full amount of her contribution after her neglect of the shop and her refusal to consult during losses, which compelled the other partner to close the shop?
If two individuals partner, one contributing capital and the other contributing capital and labor, this is an 'inan' partnership (equal share) or a combination of an 'inan' and 'mudarabah' (profit-sharing) partnership. The profit in such a partnership is distributed according to their agreement, and the loss is borne proportionally to the capital.
If there is no transgression (ta'addi) or negligence (tafrit), the loss between you is based on the proportion of each person's capital. It is not permissible for one partner to guarantee the capital of another, nor for one partner to bear the loss alone, as this is a void condition.
Ibn Qudamah said: "The loss in a partnership is borne by each of them according to his capital." And it is stated in Al-Mawsu'ah Al-Fiqhiyyah (The Fiqh Encyclopedia): "The jurists have agreed that losses in all partnerships are borne by all partners, according to the capital of each therein."
Examples of transgression include trading in something other than what was agreed upon. Examples of negligence include failing to safeguard the capital or merchandise.
If the loss occurs due to a drop in prices or a stagnation of goods, without any transgression or negligence on your part, then the loss is borne between you according to your capital, and it is not permissible to burden you with the loss alone.
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