Is it permissible to make a partnership or shareholding contract that obliges shareholders to contribute a certain percentage of the profit to a specific charitable cause?
The question presents two scenarios:
The first scenario: The condition is stipulated before the contract, which is permissible. The contracting parties have agreed to give a portion of the profit to a third party as a donation from them, and they are qualified to make such a donation. This is the view of the Maliki school.
The second scenario: Informing the partner of the obligation to donate after the contract has been concluded. This is impermissible unless with their consent, due to the Almighty's saying: ﴿O YOU WHO HAVE BELIEVED, DO NOT CONSUME ONE ANOTHER’S WEALTH UNJUSTLY BUT ONLY [IN LAWFUL] TRADE BY MUTUAL CONSENT FROM YOU﴾.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/29614
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 29614
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy