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What is the ruling on three friends agreeing to establish an agricultural project in which one of them pays the entire capital, and the other two contribute their effort, on condition that the profits are a known percentage, and the capital is recovered by deducting a portion from each partner's share of the profits after distribution, with the intention of buying a part of the capital so that the capital owner recovers two-thirds of it, and the remaining one-third remains his share? And what is the legitimate way to recover the capital if this method is impermissible?

2 min readAlso available in العربية

You mentioned that the capital is from you, and your two partners will work on investing and managing the money, and that the profit will be divided among you according to the agreement. This contract is considered a Mudarabah (profit-sharing) contract, where the capital owner contributes their money and the Mudarib (working partner) contributes their effort. It is permissible for more than one Mudarib to participate in a single contract. It is not permissible to stipulate a guarantee of the capital.

As for the issue of your two partners entering into the capital upon the realization of profit, there is no objection to that by making the project shares or parts that they buy at the market price at the time of purchase. It is not permissible to pledge to buy back the shares at their value at the beginning of the project (because it is considered a guarantee for the partner's share). Rather, the selling price should be determined by the market value on the day of sale or by agreement at the time of sale.

This transaction falls under "Diminishing Musharakah" (decreasing partnership), which is permissible if the Sharia controls are observed, including: 1. That the partnership is based on each party contributing their share to the capital with the distribution of profit and bearing of loss according to the share. 2. The existence of a binding promise from only one of the parties to acquire the share of the other party, with an option for the other party, and the conclusion of separate sale contracts when each part is acquired. 3. It is permissible for one of the parties to lease their partner's share for a known rent. 4. There must be separation between the contracts (the partnership contract and the sale and purchase contract). Selling and buying should not be stipulated within the partnership contract; rather, it should be done through a promise and separate contracts.

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

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