Is it obligatory to honor an unfair contract that stipulates one partner takes half the profits merely for introducing a business project, without contributing capital or effort?
If the agreement on the continuity of the partnership in the commercial project is without end, then the contract is void due to the presence of gharar (uncertainty) and Jahalah (ignorance) within it, and the partner is entitled to a fair wage (Ujrat al-Mithl). However, if the agreement was that he would receive half the profit of the goods he brought, this falls under the category of brokerage (Samsarah) or commission (Ja'alah). Ja'alah is permissible provided that the remuneration is a known amount and not a percentage of the profits, according to the majority of scholars, due to the gharar involved in a percentage. Based on this, the contract is invalid, and he is entitled to a fair wage (Ujrat al-Mithl). Some scholars have, however, permitted the remuneration to be a percentage of the profit. The more cautious approach, to avoid disagreement, is to specify a known wage.
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- Original fatwa ID
- 77140
- Imported
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