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The question

Is it permissible to take from the funds of a joint business with one's maternal uncle to cover personal expenses and the expenses of one's children, in addition to withdrawing sums for purchasing properties and then returning them, with his prior approval and knowledge, while subsequent doubts exist about the impermissibility of this action?

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

Summary: If the relationship is (profit-sharing partnership): Scholars differed regarding the Mudarib (investing partner) taking a living allowance for himself. The Hanafis made it obligatory if he traveled. The Malikis permitted it with conditions. The Shafi'is prohibited it. The Hanbalis permitted it if stipulated in the contract or if it was customary practice. This does not include the children's expenses, nor is it permissible to give the Mudarib a salary; rather, he receives his share of the profit.

If it is an Inan partnership (limited partnership) or a combination of Mudarabah and Inan: It is permissible to take a salary through an independent lease contract, provided that the amount of the salary is agreed upon and clearly specified.

Borrowing from company funds: This is not permissible except with the permission of the owning partner before borrowing, with the specific amount to be borrowed being determined. A small amount that people usually overlook is tolerated. To avoid doubt and anxiety, it is preferable to avoid what causes apprehension; "Leave that which makes you doubt for that which does not make you doubt, for truthfulness is tranquility, and lying is doubt," and "Sin is what wavers in your heart and you dislike for people to find out about."

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
16739
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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