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Islamic
Rules for
Partnership |
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Partnership
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When a person die and left behind some wealth. All his wealth
will fall under the partnership of all his rightful
inheritors. As long as permission is not obtained from all the
inheritors, no one can take it for his personal purposes. If
anyone takes it and uses it, he will be sinning.
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Two women got together and purchased a utensil. This utensil
will now be under their joint partnership. One of the women
cannot use it or sell it without the permission of the other.
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Each of two women contributed a certain amount of money and
purchased guavas, pears, berries, jambolana, cucumbers,
melons, etc. under a joint partnership. When the items came
from the market, one of the women was not present. In such a
case, do not divide the items taking your share and leaving
her share one side thinking that when she comes she will take
her share. As long as both of them are not present, it is not
permissible to divide the shares. If you divide the shares and
eat your share before she can arrive, you will be committing a
major sin.
However, if wheat or any other grain was purchased under a
joint partnership and you divided it, took your share and gave
hers to her when she arrived, this is permissible. However, in
such a case, if any theft takes place in the share of the
other wife before her share could be given to her, then this
would be regarded as a loss of both the women and she (the
woman whose share got stolen or disappeared in any other way)
will become a partner in her (the women whose share was not
stolen) share.
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Two persons invested R100 each and commenced with a business
and agreed that whatever profits they make will be divided
equally between them. This is valid. If they agree that one
person will receive two thirds of the profits and the other
will receive one third, it is also valid. This is irrespective
of whether both of them invested the same amount of money or
one invested more and the other less.
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Two persons hadn't purchased the goods as yet and the money
got stolen. Alternatively, both their money was still kept
separately and the money of one of them got stolen. In such a
case the partnership will be annulled. They must become
partners again and then commence with their business.
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Two persons entered into a partnership and one of them said:
"Take this R100 of mine, add R100 from your side and you start
selling clothes. We will divide the profits between us." One
of them purchased some clothes (with his own money).
Thereafter, R100 of the other person (the one who did not
purchase the clothes) got stolen. In such a case, both of them
will be partners in whatever clothes were purchased and the
other person (the one whose money got stolen) can take money
from him equal to the value of half the clothes.
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When embarking on a business venture, one of them made the
condition that whatever profits we make, R10 or R15 will be
mine and the balance will be yours. This is not permissible.
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The goods that were for sale got stolen. Both of them will
have to bear the loss. It cannot happen that all the losses
are borne by one person. If they make an agreement that
whatever losses we encounter, I will bear them and whatever
profits we make we will share it between us, this is not
permissible.
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Once a partnership has been pronounced to be prohibited or
invalid, then when they share the profits, all their previous
agreements will not be taken into consideration. Instead, if
both of them made an equal investment, they will receive equal
profits. If the investment was not the same, the profits will
be shared according to the percentage invested by each person
irrespective of what agreement may have been made. Agreements
are only taken into consideration when the partnership is
valid and is not allowed to become prohibited.
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Two women entered into a partnership on the basis that
whatever sewing we get, we will do it together and whatever
money we receive for the sewing, we will share it between
ourselves. This partnership is valid. If they make an
agreement that we will do the sewing together but the money
that we receive, I will take two thirds and you must take one
third, it will still be valid. But if they agree that one will
receive R10 or R20, and the other will receive the balance,
this is not permissible.
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One of these two women accepted a length of material which had
to be sewn into a garment. The other woman cannot say: "Why
did you take this job? Since you have taken it, you will have
to sew it." Instead, the responsibility of sewing the garment
is now wajib on both of them. If one of them does not sew, the
other one will have to sew it. Alternatively, both of them can
sew it together. In short, they cannot refuse to sew it.
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The customer who had given the job of sewing came to collect
her garment. When she came to collect it, the woman who had
accepted the job was not present. Instead, the other partner
was present. The customer has the right to ask for the garment
from this partner as well. The latter cannot say that she has
nothing to do with it and that she must collect it from the
person whom she had given it to.
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In the same way, both partners have the right to ask for the
money for carrying out the job. The customer cannot say that
she will not give it to you and that she will only pay the
person to whom she had given the job. When both of them are
working under a partnership, both of them have the right to
ask for the money. The customer will be fulfilling her duty by
paying any one of them.
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Two women entered into a partnership that they will go
together into the jungle and bring firewood. This partnership
is not valid. The firewood belongs to the one who picks it up.
There is no joint ownership in this.
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One woman said to another: "Keep these eggs under your hen.
Whatever chicks are born, we will share them equally." This is
not permissible.
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Distributing Items, that are Under Partnership
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Two persons got together and purchased wheat from the market.
At the time of dividing this wheat, it is not necessary for
both of them to be present. Even if one of them is not
present, it is permissible for the other person to have it
weighed properly, take her share, and keep the other share
aside for her partner. Once the wheat has been divided, it is
permissible for the person who was present to do whatever she
wishes with her own share - she can eat it, consume it in any
other way, give it to someone, etc. All this is permissible.
The same rule will apply to Butter, oil, eggs, etc.
In short, items which do not have any difference and are all
the same can be purchased and divided in the absence of any
one of the partners. However, if the second person has not
taken her share as yet and it disappears or is destroyed in
some way or the other, then this loss will be regarded as a
loss of both the partners - as explained in the chapter on
partnerships.
As for those items in which there is a difference, such as
guavas, pears, etc. then as long as both partners are not
present, it will not be permissible to divide the shares.
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Two girls got together and purchased some mangoes, guavas,
etc. One of them was not present at that time. It is not
permissible for the other girl to eat any of this fruit. When
the other girl comes, the fruit will be divided and only then
can she eat it. If she does not wait for her and commences
eating before it can be divided, she will be committing a sin.
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Two persons got together and purchased roasted gram seeds. It
will not be permissible for them to divide this by mere
estimation. They will have to weigh it properly and divide it
equally. If there is any difference in the weight, it will be
regarded as interest.
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Participants Comments |
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After
10 years of work in marketing, I decided to switch my field and
enrolled in CIFE program. I thanks AIMS, its Learning Model and
the faculty for their online educational support. CIFE is more
than a training. Through this training, I learned each and every
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