Is it permissible for owners of wealth to exchange guarantees of capital among themselves with checks to release the Mudarib from guaranteeing the capital?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
It is impermissible to stipulate a guarantee from the worker in a 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.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/17225
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 17225
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy