Is a partner entitled to dissolve a partnership contract without the consent of the other partner and demand compensation for damages incurred, or is he entitled to work individually under the firm, bearing profit and loss, with the other party having the same right, in the event that the other partner refuses to dissolve the partnership?
According to the majority of jurists, a partnership (sharika) is a permissible contract that either party may unilaterally dissolve without the consent of the other. This differs from the Maliki school, which considers it a binding contract that cannot be dissolved except with the consent of both parties, or upon the completion of the work, or the depletion of the capital. In the absence of capital awaiting depletion, or impending work awaiting completion, there is no disagreement regarding the permissibility of dissolution by any partner. Therefore, the questioner may dissolve the partnership without the consent of his partner.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 187104
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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