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The question

What is the ruling on a partner taking a share of the money in return for completing the work entrusted to him after the other partner violated the terms of the partnership and abandoned the work?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

1. The partnership between you is a body and capital partnership (Sharikat Abdan wa Amwal), which is Islamically permissible.

2. If a partner refrains from working, some scholars hold that his right to profit is not forfeited, as profit may be deserved by capital or by labor. The right to profit remains as long as the partnership agreement is valid.

3. If the abstention from work is considered a dissolution of the partnership, the partner is entitled to profit for the period he worked before the dissolution, and his capital should be returned to him.

4. If it is proven that the partner took his capital fraudulently, it should be deducted from his entitlements. Otherwise, it is not permissible to prevent him from his right.

5. Both partners must avoid betrayal and injustice, for injustice and betrayal destroy the blessing of the partnership. Allah Almighty says: "Indeed, Allah says: 'I am the third of the two partners as long as one of them does not betray his companion. If he betrays him, I depart from between them.'"

6. Issues of disputes and disagreements require presenting them before courts or consulting scholars directly.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
119394
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.
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