What is the ruling on an investment contract that includes profit and loss sharing, where the capital is retrieved upon request without ownership or partnership? Is it a Mudarabah contract? Does it contain any Sharia-related prohibitions? How should the capital be handled upon the dissolution of the partnership, especially after the complex's value has increased? Is the manager entitled to not disclose details of profits, expenses, and capital to the investors?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
The interaction between you and your partner is a (profit-sharing partnership), in which multiple partners are permitted. What the agent (worker) purchases with the Mudarabah capital is owned by the capital provider. When the partnership is dissolved and your shares are sold, the entire price constitutes Mudarabah capital. The agent receives his agreed-upon share of the profit, and the remainder is yours, even the premium (khalw fee). The agent must disclose all of this unless he has been entrusted by the partners. The agent's statement that you are only entitled to the money you paid has no validity.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/132373
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 132373
- 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