What is the ruling of the Sharia on operating with a percentage-based system (one-third) in trade, car rental, and sheep herding, knowing that we follow the Maliki school of thought?
The worker who receives a percentage of the profit or yield can fall into several categories: he can be a mudarib (profit-sharing partner), a shareek (partner), or an ajir (hired worker). For the mudarib and the shareek, their share is only valid if it is a common percentage of the profit. In some cases, a shareek can be both a partner and a hired worker, receiving a percentage and a fixed amount. As for the ajir, such as someone hired to tend sheep in exchange for one-third of their growth, the majority of scholars prohibit this, likening it to selling fetuses. Others have permitted it, but the preponderant opinion is that of the majority.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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