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Am I entitled to recover the system that I provided as capital in a company, if I wish to withdraw from it, or does it become wholly owned by the company? And does the ruling differ if the system is the basis of the company's work?

1 min readAlso available in العربية

It is permissible for two individuals to enter into a partnership where one owns a software system and a project idea, and the other contributes financially, after evaluating the system and idea to estimate the capital. This is called a "partnership by offers" (sharikat al-'urud). Some jurists have permitted it, provided that the offers are valued upon entering the partnership. This is the view of the Maliki school and some Hanbalis. If the partnership is established, the system, idea, and money become joint property of the two partners according to their respective shares in the partnership's capital. When the partnership is dissolved, the project is valued to determine the profit, then it is sold to a third party, or one of the partners takes it and gives half its value to the other, or a lottery is conducted if both desire to take it.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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