What is the ruling on a mother demanding her share of the profits from a commercial enterprise, in which she participated with capital, from her daughter and son-in-law, after 15 years from its establishment and the cessation of its operations, despite there being no written contract or prior agreement regarding the profits?
If a mother gives money to her daughter's husband for him to invest it and share the profits, this is a Mudarabah (partnership) contract, and the mother is entitled to her share of the profit unless she explicitly waives it. Her silence, the oral nature of the contract, or the large amount of money do not affect her right. Rights do not lapse with the passage of time (statute of limitations); rather, it is the right to sue that lapses in some cases, but not between relatives. Contracts should be documented to preserve rights and prevent disputes. Efforts should be made to remove animosity between the mother and her daughter's husband, and the husband should be advised to fulfill the right. If they agree to waive part of it or facilitate its repayment, that is good. If the mother's intention was merely to help the husband with her capital without expecting profit, then she is not entitled to claim it. It is advisable for both parties to appear before someone they both accept as an arbiter to resolve the dispute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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