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The question

What is the ruling on investing in a company that changes the contract to include new clauses such as: non-renewal of the document except by a new agreement; payment of an amount equivalent to shares; a profit-sharing ratio of 70% for the first party and 30% for investors from net profits; monthly distribution of profits without obligation if no profits are made; return of capital to the investor upon expiry of the document if no profit remains for them; no guarantee of capital except in cases of negligence and dereliction; taking a percentage from the investor's money upon withdrawal to compensate for losses resulting from early withdrawal; and refunding the invested amount within 35 days of the request for refund?

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

It is permissible to invest in the real estate fund and distribute profits monthly as an advance. It is also permissible for a withdrawing member to receive their money within a maximum period of 35 days. However, deducting a portion of the money from someone who withdraws from the partnership before the end of the term, to the extent of the losses they caused, is questionable.

A partnership is a permissible and non-binding contract, and a partner may dissolve it whenever they wish. It is permissible to set a specific term for the partnership, but it is not valid to stipulate that the partnership be binding and not subject to dissolution. A Mudarabah (profit-sharing partnership) becomes binding if the Mudarib (entrepreneur) begins work, or if both parties agree not to dissolve it within a certain period.

The company does not have the right to prevent a shareholder from withdrawing before the agreed-upon term ends. If it permits such a withdrawal, it must be gratuitous. The withdrawing party is not prohibited from taking the profit from their money. However, if genuine loss results from the withdrawal, it is not far-fetched to say that the withdrawing party bears this loss, and that experts or the judge should rule on this matter.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy