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The question

Is the aforementioned division, which resulted in the first partner not receiving his full agreed-upon salary despite completing all the work, considered a just division in Islamic law?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Disputed issues between partners regarding rights and debts are resolved through the judiciary, or by someone agreed upon by the parties. Generally, it is not permissible in a partnership contract for a partner to have a fixed salary alongside a percentage of the profit; rather, the partnership becomes void with such a condition. However, it is permissible to increase the working partner's share of the profits beyond their capital share in the partnership, or to assign them tasks through a separate contract with a fixed wage. If two individuals partner with their capital equally, and one works while the other does not, it is necessary to stipulate that the working partner receives a higher percentage of the profit than half, in exchange for their work. In the event of a void partnership contract, the profit is divided according to the capital shares, and each partner receives wages for half of their work. If a reconciliation occurs between partners based on a division they have agreed upon, there is no objection. It is important to strive for filial piety towards parents and maintaining kinship ties, avoiding disobedience or estrangement due to financial disputes, while embracing the virtue of forgiveness and leniency.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
193365
Imported
Translation status
Source text, unreviewed
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