Am I entitled to claim the remaining amount based on the agreement which stipulated a guarantee of capital recovery in case of loss, especially after the debtor has become well-off and refuses to pay, claiming that it is my share of the loss?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The questioner is entitled to a share of the profit when it materializes, and must bear the loss if it occurs; as the Prophet, peace and blessings be upon him, said: "Gain is in proportion to liability for loss." If a loss occurs without negligence on the part of the agent (mudarib), then the capital owner is only entitled to what remains of his capital. If the loss is less than that, he may demand the difference.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/113512
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 113512
- 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