If a Mudarib (agent in a profit-sharing partnership) purchases goods on credit, to whom is the contract attributed, and does intention play a role in directing the contract to the agent or the capital owner?
If a Qirad agent purchases something with the Qirad capital itself, then it belongs to the Qirad. If he purchases it on credit (bi al-dhimma) and intends it for the Qirad, then it belongs to the Qirad. If he intends it for himself, then it is his. The agent's word is to be accepted under oath when he says he did not profit, or that he purchased this for the Qirad, or for himself, if the contract was on credit. However, if the purchase was made with the Qirad capital itself, then it belongs to the Qirad even if he intended it for himself.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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