What is the ruling on a person taking money from another to invest it in stocks on a specified percentage, with a check written for the amount and an open date as a guarantee for the money?
If a person gives his money to another for Mudarabah (profit-sharing) in a permissible trade, it is not permissible to stipulate a guarantee for the capital from the Mudarib (entrepreneur), because he is a trustee and is not liable unless there is transgression, negligence, or violation of the agreed terms. Losses in Mudarabah are borne solely by the capital. Ahmad, Abu Hanifa, and Malik explicitly stated that stipulating a guarantee for the capital or a share of the loss is invalid.
Accordingly, a Mudarabah contract must be written, specifying the capital, profit distribution, area of trade, and duration of the contract, and it should be witnessed by two individuals.
However, due to the corruption of integrity and prevalence of fraud, capital owners resort to writing a check or a trust receipt to guarantee their right. This action is permissible, but the capital owner is not allowed to demand his money back unless the worker is negligent or causes the loss of the money.
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- Original fatwa ID
- 18087
- Imported
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