What is the ruling on the monthly profits paid to owners of capital that was lost in trade, necessitating borrowing to repay it? And what is the way out of this situation?
The hand of the mudarib (managing partner) is a hand of trust (amanah). If the mudarabah (profit-sharing partnership) capital is lost without any transgression or negligence on his part, he is not liable for anything. In this case, the capital owner loses his money, and the mudarib loses his effort. What the mudarib pays to the capital owner after the loss has no legal basis in Sharia, unless it is a voluntary donation. However, if he pays it to avert injustice or harm, such as imprisonment, then this falls under the category of necessity (idtirar).
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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