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The question

Is it permissible to stipulate the continuation of the Mudarabah contract and the succession of the deceased or incapacitated partner's heirs in his place?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If one of the partners dies, the partnership is dissolved according to the majority of jurists because it is a permissible contract, unless the partners are more than two, in which case it is dissolved only with respect to the deceased. , which is a type of partnership, is dissolved upon the death of one of its parties if the capital is cash. However, if the capital is goods, the majority of jurists hold that it is invalidated, while the Malikis believe that it is not invalidated and the heirs replace the deceased, and it is possible to agree not to dissolve the Mudarabah in this case. Since partnership and Mudarabah are non-binding contracts, it is permissible for anyone to terminate them unless they are temporary or termination would cause harm, and it is not permissible to stipulate their binding nature.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
16370
Imported
Translation status
Source text, unreviewed
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