Back to search

What is the ruling on subscribing to a Moroccan marketing company that sells natural products, where a fixed capital is paid in exchange for a number of products, and the company sells these products then divides the profits with the subscribers at a rate of 70% for the company and 30% for the members, knowing that the monthly profits are not fixed?

1 min readAlso available in العربية

For the validity of Mudarabah (profit-sharing partnership) and other companies, it is a condition that the capital is not guaranteed. Therefore, stipulating or undertaking to guarantee it invalidates the partnership, as it would then be considered a loan that draws benefit. The Hanafis and Malikis have explicitly stated the invalidity of the contract if the capital owner stipulates that the agent guarantees the capital without any negligence on the agent's part. This is supported by the view of the Shafi'is and Hanbalis, who state that the agent is a trustee and does not guarantee the loss of the capital except in cases of negligence. If the institution managing the investment guarantees the capital, then this transaction is forbidden because it is a loan that draws benefit, and it falls under the category of a "loan and sale" which the Prophet (peace be upon him) forbade to prevent usury.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy