Is it permissible to distribute profit before the money matures, and is it permissible to set a monthly salary for the Mudarib (managing partner) in addition to a percentage of the profit, and is a Mudarabah company affected by the participation of a non-Muslim woman with a portion of the capital?
Profit is only recognized upon conversion into cash or through a monetary valuation of the project. It is distributed according to the agreement. A partner may take amounts on account before the final settlement.
The working partner may take a fixed monthly sum or an additional percentage in return for his work.
It is not permissible for the mudarib (managing partner in a mudaraba contract) to take a specific amount from the mudaraba capital other than his share of the profit. The jurists have agreed that the partnership is invalid if one of the partners stipulates a known amount along with his share.
The mudarib may stipulate that his expenses be covered from the mudaraba capital by way of permissibility (ibaha) and not ownership (tamleek). There is no objection to a Muslim partnering with a non-Muslim in what is permissible and where the laws of Sharia are adhered to.
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- Original fatwa ID
- 77126
- Imported
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