Is the capital partner entitled to claim a share of the unpurified profits—estimated at approximately 60,000 Saudi Riyals—after three months of partnership, knowing that the original capital has been fully returned to him, and that the capital spent on establishing the company has not yet been recovered?
First, you must have piety towards Allah and maintain kinship ties. The dispute over expenses would have necessitated consulting scholars. The four Imams of Fiqh (Islamic jurisprudence) agree that a worker in a Mudarabah (profit-sharing partnership) is not entitled to maintenance while residing in his home city. What you took without the owner's permission is considered a debt. The owner of the capital has the right to terminate the Mudarabah at any time. Upon termination, accounts must be settled by a fair valuation of the company's worth. After deducting expenses and adding the fair value, it is determined whether the company made a profit or a loss. If it made a profit, the profits are divided according to the agreement after the owner receives his capital. If it incurred a loss, the loss is borne by the owner of the capital, and he must refund the difference to you if you paid him the full capital. If the value is equal to the capital, there is neither profit nor loss, and the owner of the capital does not demand anything.
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- Original fatwa ID
- 140543
- Imported
- Translation status
- Source text, unreviewed
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