What is the ruling on working with a merchant who pays monthly 120 to 150 dinars for 1000 dinars, and in case of loss, deducts 5% from the capital?

Two conditions are stipulated for the permissibility of the aforementioned transaction: First, the share of the capital owner from the profit must be a percentage, and if there is no profit, he gets nothing. Second, the capital is not guaranteed by the manager (mudarib) unless there is transgression or negligence. Since the capital owner only bears 5% of the loss, this is a void condition that invalidates the Mudarabah contract.