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The question

Is the financier entitled to claim compensation amounting to 150% of the financing value, given that what was agreed upon and documented is the division of the return according to the percentage of participation, and this is due to the delay in collecting the investment return for 4 years instead of 4 months, for reasons beyond control?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The company requires that both parties bear the loss according to each one's share in the company's capital. Neither party may impose the loss, or a part of it, on the other. The loss is proportional to their ownership therein, because loss is a decrease in capital. However, if a partner oversteps or is negligent with the company's funds, then they are liable for the resulting loss, like other agents and trustees. Their hand then becomes a hand of guarantee. So, if the loss is due to the partner's negligence, they are liable for it; otherwise, they are not.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
86638
Imported
Translation status
Source text, unreviewed
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