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The question

What is the ruling of the Sharia on operating with a percentage-based system (one-third) in trade, car rental, and sheep herding, knowing that we follow the Maliki school of thought?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The worker who receives a percentage of the profit or yield can fall into several categories: he can be a mudarib (profit-sharing partner), a shareek (partner), or an ajir (hired worker). For the mudarib and the shareek, their share is only valid if it is a common percentage of the profit. In some cases, a shareek can be both a partner and a hired worker, receiving a percentage and a fixed amount. As for the ajir, such as someone hired to tend sheep in exchange for one-third of their growth, the majority of scholars prohibit this, likening it to selling fetuses. Others have permitted it, but the preponderant opinion is that of the majority.

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Ftawy
Original fatwa ID
90109
Imported
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