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What is the ruling on a partnership in which capital is provided by one party, and effort and management are provided by the husband, with an agreement on a fixed amount for the capital provider regardless of profit or loss, and the husband bears the entire loss? And what is the ruling on borrowing from another person for investment in exchange for a fixed monthly amount, and is it obligatory to return the capital after the other party has taken their gains? And how does one repent from these dealings if they are forbidden?

1 min readAlso available in العربية

The aforementioned Mudarabah (profit-sharing) contract is Islamically invalid due to the condition of a fixed monthly amount for the capital provider, and the agent (worker) not bearing any of the loss except in cases of transgression or negligence. The loss is borne by the capital provider.

If the husband borrowed money on the condition of returning it with a monthly increase, this is explicit usury (riba). He must repent by abandoning the sin, regretting it, resolving not to return to it, and returning the rights to their owners.

In an invalid Mudarabah, all profit belongs to the capital provider, and the husband is entitled to a fair wage (ajr al-mithl) for his work. If the business incurs a loss without transgression or negligence, the loss is borne by the capital provider.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy