Should partners' dues be distributed equally according to each partner's share, or is the partner who verbally withdrew two days before the factory's closure entitled to receive their full share first?
The company (partnership) is a non-binding contract according to the majority of scholars, and any partner may withdraw from it, unless it is temporary for a specific period, or if the company's assets are illiquid. In such cases, one must wait until the assets are converted into cash ("actual liquidation") or until they are appraised and the partner is given his share ("constructive liquidation"). If a partner requests to withdraw and is granted a grace period, and then the remaining partners decide to dissolve the company, that partner is treated like them in the liquidation of the company and the division of assets according to each partner's share in the capital. If the assets are insufficient to recover the capital, they are divided among them proportionally (division among creditors), and the deficit affects all of them.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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