What is the legal ruling on an investor demanding the full invested amount after the spoilage of the goods he participated in purchasing and selling, knowing that he had agreed with the institution that he would not bear any damages resulting from delayed sale or completion of the transaction, and that the agreed-upon investment period has expired?
Investing money in a private institution is considered a (profit-sharing partnership), where the capital provider contributes their money and the institution contributes its effort, with the profit shared between them according to an agreed-upon percentage. It is not permissible for the capital provider to stipulate that they will not bear the losses resulting from delayed sales or delayed completion of transactions, because this leads to guaranteeing the capital, which is a void condition.
Scholars have differed on setting a time limit for Mudarabah: the majority view that it invalidates the Mudarabah, while the Hanafis and Hanbalis, in one narration, permit setting a time limit. This is because it is a transaction that can be specialized by type, and thus can be limited by time. Furthermore, the time restriction represents the desire of the capital owner, provided there is no harm to the other party and they consent. Keeping the money after the agreed-upon period without objection from both parties is considered a mutual agreement to continue the Mudarabah.
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