How can the partnership be dissolved and the rights between the two partners be assessed fairly, especially with the dispute regarding the company's initial losing status, and how should the partner's claims concerning the other party's withdrawals and his demand to acquire the company be handled?
This company is a type of (profit-sharing partnership), where both parties contributed capital and one of them undertook the work and management. However, the contract is invalidated by a clause stipulating a percentage along with a fixed amount as a minimum profit, which is impermissible in Mudarabah.
The contract must be dissolved, and each partner is entitled to their share of profit or loss based on their capital. The working partner is entitled to a fair wage (ajr al-mithl) for their work in the company.
As for applying "And do not forget the favor between you" (ولا تنسوا الفضل بينكم), this is done by each party offering what is not obligatory upon them and showing leniency in rights. This is broader than mere forgiveness (al-afw), and it includes relinquishing what one is entitled to and giving what one is not obliged to.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy