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How should the legal division be made for dissolving a business partnership, taking into account the presence of a second partner who joined without the knowledge of the first partner, the discrepancy in currencies between the two contracts (Syrian Lira and US Dollar), and the existence of debts both owed by and due to the business?

1 min readAlso available in العربية

Resolving disputes falls under the jurisdiction of Sharia courts or their representatives, due to their ability to hear parties and understand claims and evidence. A Mufti, however, hears only from one party.

Generally, if there is a textual or customary condition that prohibits the introduction of a new partner, it must be adhered to, and whoever violates it is liable for the loss. If there is no such condition, the ruling differs according to the type of partnership (Anan or Mufawada).

A Mufawada partnership grants the partner absolute authority to act, while an Anan partnership restricts the partner, requiring the permission of the other partner. A Mufawada partner may enter into an Anan partnership with a third party, and their share of the profit is shared between them and their Mufawada partner. The ruling also differs depending on the type of the new partnership.

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

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