What is the ruling on changing the agreed-upon percentage in a Mudarabah contract (50% of the profits for the capital owners) due to a change in the Mudarib company's capital, and how should the contract be drafted to distribute profits between the partners and the worker in this case?
The Mudarabah contract (profit-sharing) is permissible by consensus, and it has three conditions: that the field of work be permissible (halal), that the agent (Mudarib) does not guarantee the capital, and that the profit be known as an agreed-upon percentage. It is permissible for the amount of profit to vary according to the variation in capital, but the percentage must be known. If one of the partners withdraws his money, the profit for the period during which he engaged in Mudarabah is calculated for him. When writing the contract, the percentage of profit due to the entire capital should be written, and how it will be distributed among the shareholders according to their contributions, with clarification of any change in the capital.
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- Original fatwa ID
- 16579
- Imported
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