Who bears the costs of the lawyer and the fine resulting from the closure of an unlicensed clinic – due to the impossibility of licensing it to a foreign doctor – after the partners (the doctor with his effort and the capital owners with their money and equipment) benefited from the profits for three years?
It is permissible for a doctor to partner with others in a clinic, where he provides his work and the partners provide the equipment and devices. This is similar to Mudarabah (profit-sharing), Musaqah (irrigation contract), and Muzara'ah (agricultural contract). If all partners are aware of the lack of licensing, then the fines and legal fees resulting from it are binding upon all of them and are distributed among them according to custom, such as distribution based on their number, or according to their capital, or their share of profits, unless there is another agreed-upon condition.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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