Mudaraba and partnership

Question

Zayd, Bakr and ‘Umar consulted together and decided to take up a tailoring business. It was settled in a verbal conversation that the entire capital would be Bakr’s, and that Zayd, ‘Umar and Bakr — three men — would be partners: Zayd would have a share in the profit of four annas (an anna is 1/16 of a rupee), ‘Umar of six annas and Bakr of six annas. Zayd and ‘Umar would look after the shop and do all the work connected with the shop.

Answer

When, in a situation of dispute, a ruling is sought in order to settle the dispute, it is necessary that the question bear the signatures of both parties — only then can the dispute be settled; otherwise the other party will say: “The Shar‘i ruling is on our heads and eyes, but the question was not put correctly; rather, the facts of the case were altered.

Source: Fatawa Mahmudiyya

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