Is it permissible to claim the penalty clause agreed upon in the partnership contract if one of the partners unilaterally rescinds the contract without the consent of the other?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is forbidden for a partner to stipulate to their partner a guarantee of their capital and an increase upon dissolving the partnership. Such a condition is considered void, for every condition not in the Book of Allah is void. The partnership has been dissolved and concluded, and the aforementioned condition is void, so you are not entitled to demand it from your partner.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/109523
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 109523
- 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.
- Read the full ruling
- Read the full answer on Ftawy