Am I entitled to demand a sum of money as goodwill for the company after my partner asked me to withdraw, knowing that he refuses to estimate the goodwill and refuses to withdraw himself?
The contract between you is a lease, not a partnership, and a lessee is entrusted and does not guarantee without transgression or negligence.
The wage of the lessee must be known, for the Prophet, peace and blessings be upon him, forbade hiring a worker until his wage is made clear to him.
If the wage is not known, the contract is void, and you are entitled to the wage customary for similar work.
Some scholars have permitted the wage to be a percentage of the profit. If this opinion is adopted, then the contract is valid, and the reputation of the shop is part of the profit, and you are entitled to a share of it according to your agreement.
The shop and the capital belong to your partner, and you do not have the right to demand that he relinquish them.
If the transaction was a Mudarabah (he paid you cash capital), and you guaranteed the capital or part of it, then the contract is void, and you are entitled to the customary wage, while the capital and its profit belong to your partner.
If the Mudarabah was valid and you were not a guarantor, and you both wish to terminate it, then the reputation of the shop is part of the profit and is added to it, and you are entitled to a share of it according to your agreement.
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- Original fatwa ID
- 102102
- Imported
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