Is it permissible for owners of wealth to exchange guarantees of capital among themselves with checks to release the Mudarib from guaranteeing the capital?
It is impermissible to stipulate a guarantee from the worker in a Mudarabah contract, because he is an entrusted party (amin) and is not liable except in cases of transgression (ta'addi) or negligence (tafrit). Stipulating a guarantee invalidates the Mudarabah. It is permissible for the capital provider (rabb al-mal) to take a check or a promissory note to document that he has provided funds, but he is not permitted to demand it back except in cases of transgression or negligence.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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