Is it permissible to stipulate the recovery of the capital in a Mudarabah contract, given that the capital shares in profit and loss?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The condition stipulated by the wife to the merchant is void, because it is a form of , in which it is impermissible to stipulate a guarantee of the capital. Mudarabah is a partnership between the capital provider (with the capital) and the worker (with his effort and expertise). The profit is shared between them according to their agreement, and any loss is borne by the capital. The worker bears none of it, as he has already lost his effort and time. The worker's hand is that of a trustee, and he is not liable for guarantee unless there is transgression or negligence.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/35327
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 35327
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy