Is it permissible for my cousins to appoint a relative of theirs to work with us and share in the profits, even if he is not suitable? And is our continuation of the work, my brother and I, on behalf of our father and uncle, an injustice to them? And is it obligatory for my father to give my cousins any dues in exchange for their father’s effort in establishing the company and the brand?
Firstly: A partnership contract is not binding and may be dissolved by any of the partners, unless it is for a specified period.
Secondly: If a partner dies and is not replaced by another with the consent of the other partners, the partnership is dissolved with respect to his share. The goods are appraised at their selling price at the time of his death, and his share of the profit is paid to his heirs. Profit is defined as the excess over the capital.
Thirdly: If the company has a name or a trademark with market value, it is appraised and its value is added to the goods to calculate the profit. If it has no value, it is not taken into consideration. A trade name distinguishes the establishment, and a trademark distinguishes the products. Both are private rights with considerable financial value that can be disposed of.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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