How is the profit from investing money taken from six companies divided, knowing that the original capital must be returned to the companies, and that the profits must be divided between the investor and the companies?
If an aggressor invests unlawfully acquired money and profits from it, or uses tools and equipment belonging to companies without right and profits from their use, the resulting profit is a matter of dispute among jurists.
There are two main opinions: 1. For the usurper: The gain or profit belongs to the usurper, and he owes the owner rent for the tools or the usurped money. This is the view held by Al-Harithi and some others in Al-Talkhees, and Al-Mardawi in Al-Insaf. 2. For the owner: The gain or profit belongs to the owner, because it is the growth of his property or the earning of his slave, and the usurper owes him no rent during the period of gain. This is one of the two views in Al-Mughni.
There is also a middle ground opinion that the profit should be divided between the usurper and the owner of the tools or money, in proportion to the benefit and effort of each. This is the view favored by Sheikh Al-Islam Ibn Taymiyyah, where the benefit of the aggressor and the benefit of the tools or the horse are appraised, and then the profit is divided between them. The estimation of this is referred to experts.
One must be cautious regarding their religion and clear their conscience.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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