Are shareholders entitled to demand their capital back after suffering losses in a speculative investment that was conditioned on capital guarantee, and is a one-year delay in opening the portfolio considered negligence that necessitates compensation?

The summary of the fatwa is that not disposing of the funds until the trading account is opened is not negligence; rather, it is a necessary matter and there is no harm in it.

As for the loss of capital, there is a detailed explanation: - If the loss was due to your negligence, then you are liable for the capital. - If you exerted effort and there was no shortcoming or transgression, then you are not liable, because the mudarib (agent in a profit-sharing partnership) is entrusted, and is not liable except in cases of transgression or negligence. - Loss in mudarabah (profit-sharing partnership) is borne by the capital only, and the worker does not bear any part of it. - The condition that obligates the worker to guarantee the capital is null and void by scholarly consensus. Jurists have differed on whether this condition invalidates the contract or not, and the relied-upon view is that the contract is valid and the condition is void.