بسم الله الرحمن الرحيم

Kitāb Al-Buyoo’ (Fiqh Al-Muyassar) Lesson 11 Notes (25 Jumada Ath-Thani 1446 H - 25/1/25) Continuation... الباب العاشر: الشركة The Tenth Subchapter: Partnership BENEFIT: This term can be pronounced in three ways: Sharikah شَرِكة Sharakah شَرَكة Shirkah شِرْكة المسألة الأولى: تعريف الشركة وحكمها وأدلة مشروعيتها Definition, Ruling, and Evidence for the Permissibility of Partnerships DEFINITION LINGUISTICALLY لغة: الاختلاط Linguistically: mixing [Mixing of two assets in such a way that they become indistinguishable from one another]. LEGISLATIVELY هي الاجتماع في (١) استحقاق أو (٢) تصرف. Legislatively: It is defined as the union in (1)ownership or (2)management. (1) الاجتماع في الاستحقاق: كشركة الإرث والوصية والهبة في عين أو منفعة، وتسمى هذه أيضاً : «شركة الأملاك». Union in ownership includes cases such as partnerships arising from inheritance, wills, or gifts concerning a specific item or benefit. This is also referred to as "partnership of ownership." NOTE: This type of partnership is divided into two main types: 1. اختياري - voluntary Partnership Established Through the Actions of the Partners. For example, the partners jointly purchase an item, are granted a gift, receive a bequest, or are given charity, and they both accept it. Another example, mujahids share in the ghaneemah. In such cases, the purchased, gifted, bequeathed, or donated item becomes jointly owned by them under a voluntary Partnership of Ownership. 2. إجباري - non-voluntary Partnership Established Without the Actions of the Partners: This occurs through inheritance, where the inherited property becomes jointly owned by them under a non-voluntary Partnership of Ownership. (2) الاجتماع في التصرف: وهو ما يعرف بـ«شركة العقود»، وهي المقصودة هنا بالبحث. Union in management refers to what is known as "contractual partnership," which is the primary focus of this discussion. Thus, according to this definition, partnerships are classified into two categories. RULING Partnerships are permissible and sanctioned by Shari'ah. The permissibility is supported by the Qur'ān and Sunnah. Qur'ān ﴿وَإِنَّ كَثِیرࣰا مِّنَ ٱلۡخُلَطَاۤءِ لَیَبۡغِی بَعۡضُهُمۡ عَلَىٰ بَعۡضٍ﴾ "And certainly many partners wrong each other" [Surah Ṣād: 24] Here, "partners" refers to co-owners. He also states: ﴿فَإِن كَانُوۤا۟ أَكۡثَرَ مِن ذَ ٰ⁠لِكَ فَهُمۡ شُرَكَاۤءُ فِی ٱلثُّلُثِ﴾ "So they are partners in a third" [Surah An-Nisāʾ: 12] WISDOM Partnerships are permissible contracts, essential for societal needs, particularly in large-scale projects that an individual cannot undertake alone. --- المسألة الثانية: أنواع شركة العقود Types of Contractual Partnerships There are FIVE types: 1⃣. ’Inān Partnership (شِرْكَة العِنان) This refers to an agreement between two or more individuals to invest jointly in a trade or business. It is called ‘Inān due to the equality between the partners in terms of capital contribution (money) and management (effort), akin to the equality of the reins of two horses when riding side by side. Conditions for validity: a- The capital of both partners must be a known, present amount in cash. b- Each partner’s share of the profit must be explicitly defined. 2⃣. Muḍhārabah Partnership شركة المضاربة Profit-Sharing مأخوذ من الضرب في الأرض {وآخرون يضربون في الأرض...}. وهو جائز وقد عمل به النبي ﷺ في مال خديجة رضي الله عنها. This occurs when one partner provides capital to another partner to trade with, on the condition that they share the profit at a pre-agreed ratio. 3⃣. Wujūh Partnership شركة الوجوه - مأخوذ من الجاه This type of partnership is based on the partners’ reputation and credibility, where they agree to share the profit from purchases made on credit without having any initial capital. The partnership relies on the trust that traders place in them.