Is it permissible for a Mudarabah agreement to be made between a father and his son, such that the capital comes from the father and the labor from the son, and the profits are divided equally?
The jurists have differed regarding the permissibility of the capital in a (profit-sharing partnership) being 'urud (non-cash assets). The majority of jurists stipulate that the capital must be cash. However, some Hanbalis permitted this, and it is a narration from Imam Ahmad, chosen by some Hanbali jurists. They argued for its permissibility by stating that the essence of a partnership and Mudarabah is the permissibility of disposing of both assets and sharing the profit between them. This is realized with 'urud just as it is realized with cash, provided that the 'urud are valued at the time of the contract and their value is considered the capital. Upon the termination of the Mudarabah, the Mudarib (investor/manager) returns the value of the 'urud he received at the time of contracting, which resolves disputes and reduces (excessive uncertainty). The "Shari'ah Standards" (Ma'ayir Shari'ah) explicitly state the permissibility of non-cash assets as company capital after their valuation in cash. The conclusion is that it is permissible to work with your father's assets on a Mudarabah basis with 'urud, after they are valued and the profit share is agreed upon.
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