Is it permissible to agree with a shop owner that he takes a percentage of the profit instead of the monthly rent, given that the capital for the clothing trade business is provided by another party?
Scholars have differed on the permissibility of the wage being a percentage of the profits. The majority of them prohibited it due to the uncertainty of the wage, citing the : "When you hire a laborer, inform him of his wage." However, the Hanbalis permitted it by analogy with musaqat (sharecropping of orchards) and muzara'ah (sharecropping of land). Some meticulous researchers have favored the opinion of the Hanbalis, considering it a form of partnership (musharakat) rather than hire (ijarat). Accordingly, it is permissible to rent a commercial shop for a percentage of the profit, with the owner's percentage being deducted first, and then the remainder divided between the two parties according to the agreement.
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.
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