Is it permissible for a programmer to take the full cost of a project (10,0 Riyals) from the partner who pays the expenses, in addition to later receiving a percentage of the profits in exchange for operating the project?
This contract is not valid, whether as a partnership (sharika) or a commenda (mudaraba), because it is not permissible to stipulate a fixed amount for the manager (mudarib) or partner in addition to their agreed-upon percentage of the profit. Stipulating a known sum of money for one of the parties invalidates the partnership or commenda contract.
The transaction can be rectified by structuring it as two separate contracts: the first, a contract of hire (ijara) for designing the program for a known sum, and the second, a contract of hire for operating it, with a wage that is a percentage of the profit. This is permissible according to the Hanbali school of thought, and it is the preferred (rajih) view.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/178197