- In whose name is the office registered, and do the programmers have a right to the capital after the agreement? - Are the programmers entitled to a salary in addition to their percentage of the profits, and what if their contribution was limited to expertise only? - Is it permissible for the programmers to stipulate ownership of the software they produce, knowing that the profits come from leasing the software and technical support, not selling it?

Firstly: In a Mudarabah contract – or Qirad – one partner provides the labor and the other provides the capital. The office should be registered in the names of all partners, with the nature of the partnership recorded to avoid later claims of sole ownership of the capital. If it is registered in the name of one partner, the true nature of the agreement must be documented to safeguard rights. If the registration pertains to commercial ownership or a trademark, it should be registered in the names of all partners. However, if the intent is to register ownership of the premises, it may be registered in the name of the capital owner alone.

Secondly: The Mudarabah capital belongs to its owner, who recovers it before the profit is divided. Losses are first deducted from profits, then from the capital. There is no profit until the capital is fully recovered.

Thirdly: It is not permissible to take a salary in addition to a percentage of the profits in a Mudarabah contract, as this invalidates the partnership. If one of the partners stipulates a known sum of money or a known portion of the profits, the Mudarabah contract becomes void.

Fourthly: Participation with expertise without labor is permissible if agreed upon at the beginning of the contract, provided that the area of expertise and how the company benefits from it are specified, and the profit percentage is determined accordingly.

Fifthly: Stipulating full ownership of all produced programs is not permissible, as this constitutes monopolizing a portion of the profit. The profit must be shared commonly among the partners.