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The question

Is it permissible for the the sole financier of a failing project to share the project's costs and losses with his partners who did not contribute financially, taking into account the depreciation of the currency?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

What the questioner mentioned is not enough to understand the true nature of the company and the conditions for its establishment. Resolving disputes in such matters is the responsibility of courts or arbitration panels, as they are more capable of hearing from the parties involved and issuing precise rulings.

Generally, the participation of bodies in labor and capital from only one of them combines partnership (sharika) and profit-sharing (). This type is not valid according to the majority of jurists, but it is valid according to the Hanbali school, where it is considered a mudarabah. If this mudarabah is valid, then the profit is distributed as they stipulated, and the loss of capital is borne by the capital owner. The working partners (mudaribun) only lose their effort unless there was misconduct or negligence on their part. It is not permissible for the capital owner to stipulate that the working partners share in the loss; in such a case, the condition is void, but the the contract remains valid.

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Where this answer came from
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Ftawy
Original fatwa ID
193363
Imported
Translation status
Source text, unreviewed
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