Is it permissible to seize the partner's land to recover overdue financial rights, and is it permissible to include overdue salaries as part of these rights?
Firstly: The partnership contract is not binding, and any of the partners may withdraw from it unless it is temporary or the withdrawal would cause harm to the other partners.
Secondly: If the partners agreed on a salary, it is a right for the employee, and he is entitled to claim it.
Thirdly: The shared land can either be sold, and each partner takes his share, or it can be appraised, and one of the partners takes it, giving the other his share in cash.
Fourthly: If a partner delays in returning a right, the other partner may take from his assets only what is equivalent to his right, provided certain conditions are met: inability to obtain the right through legal means, not taking more than what is due, and security from scandal and punishment.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/16079
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 16079
- 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