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Is entrusting children with working capital, one of them borrowing with interest and making payments from it, the worker building a house for one of his children with funds of undetermined source, and buying a car and selling it at a loss for non-business purposes, considered negligence and transgression that excludes the non-guarantee of capital in a valid contract?

1 min readAlso available in العربية

The Mudarib (agent in a Mudarabah contract) acts as an agent for the capital owners and does not own what is in his possession. He may dispose of it in three ways: what he is authorized to do by virtue of the Mudarabah contract itself, as is customary among merchants; what he is authorized to do if he is told, "Act according to your judgment," such as mixing the capital with his own money or with the money of others; and what he is not authorized to do unless explicitly stated, such as giving out loans, gifts, or charity. Disputes in these cases are resolved through the Sharia court.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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