What is the legal ruling regarding the case of two men who are partners in a commercial shop, where the first partner (the expatriate) contributed 7,0 dinars and later added 5,0 dinars, while the second partner (the manager) contributed 5,0 dinars, and they agreed to equally split the profits with a monthly salary for the manager? Then, a dispute arose, leading to an agreement that the manager would pay the the expatriate 20,0 dinars for his share, of which only 2,0 dinars were paid. After that, they agreed to convert the partnership into a Mudarabah, where the expatriate would be the capital provider and the manager would be a partner with his effort, with the manager paying 200 dinars monthly. However, the manager did not fulfill his obligations, which prompted the expatriate to file a lawsuit demanding 30,0 dinars in return for leaving the shop to the manager?
If two partners combine their capital, and one of them works, and they share the profit equally, the partnership is valid. It is not permissible for the
working partner to dispose of the company's money by donating, lending, or showing favoritism; if he does so, he is liable. If the two partners agree to dissolve the partnership and one of them agrees to sell his share, the sale is permissible at the agreed-upon price. It is not permissible to make debt capital for a new Mudarabah. The creditor partner is only entitled to the amount of his debt, and it is not permissible to demand more than that from the debtor. In a valid Mudarabah, the partners' share of the profit cannot be a fixed amount.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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