4⃣. Abdān Partnership

شركة الأبدان In this type of partnership, the partners agree to share the profits from their physical labour in permissible activities such as gathering, hunting, mining, or collecting firewood. They may also partner in services they undertake to perform jointly, such as weaving, tailoring, or similar crafts. NOTE: The work may vary; for example, one washes the clothes while the other irons them. The earnings they have gained are then divided according to their agreement (based on the type of work or experience). 5⃣. Mufāwaḍhah Partnership شركة المفاوضة This a type of partnership which combines the above types of partnerships. It is considered one of the broadest forms of partnerships, encompassing multiple aspects of financial and managerial cooperation. ---------- Conditions for Validity: 1. The partners must be legally competent جائز التصرف 2. Mutual agreement التراضي 3. The partnership must operate within the boundaries of Shariah-compliant activities. 4. Clearly define and agree on the terms of the partnership, including the distribution of profits and losses. Also, each partner's Capital must be know in the case of ’Inān Partnership. Is this profit sharing method allowed: I get £1000 and the rest is yours? Or this month is mine and next month is yours? No, because of غرر & جهالة. The profit is distributed between the partners according to their mutual agreement. Losses, however, are shared proportionally to their respective contributions, except in the case of Muḍḥārabah. BENEFIT: In a مضاربة partnership, the loss of capital is borne by the owner of the capital, as the worker loses in terms of effort and time unless the capital is misused. In this case, the worker is liable. As for the loss in profits, it is shared by both parties according to their agreement. Each partner has the right to terminate the partnership agreement at any time. The partnership is also dissolved upon the death or loss of sanity of either partner. _____ الباب الحادي عشر: الإجارة The Eleventh Subchapter: Renting المسألة الأولى: معناها وأدلة مشروعيتها Its Meaning and the Evidence for its permissibility DEFINITION LINGUISTICALLY لغة: مشتقة من أجر، وهو العوض، ومنه تسمية الثواب أجراً. It is derived from the word 'ajr' (wage), which means compensation. From this comes the term for reward, ajr. LEGISLATIVELY عقد على منفعة مباحة معلومة تؤخذ شيئاً فشيئاً، مدة معلومة، من عين معلومة أو موصوفة في الذمة أو على عمل معلوم بعوض معلوم. It is a contract for the use of a permissible, defined benefit that is provided gradually over a specified period, either from a known or described asset or for a specified task, in exchange for a specified compensation. * An easier definition: تمليك منفعة شيء مباح لمدة محدودة بعوض. The transfer of the right to utilise a permissible asset for a specified period in exchange for compensation. [المغني لابن قدامة (8/6)] RULING It is permissible according to the Qur'ān and Sunnah Qur'ān Allah, the Almighty says: ﴿فَإِنۡ أَرۡضَعۡنَ لَكُمۡ فَـَٔاتُوهُنَّ أُجُورَهُنَّ﴾ “If they breastfeed for you, give them their wages” [Surah Aṭ-Ṭalāq: 6] And His statement: ﴿قَالَتۡ إِحۡدَىٰهُمَا یَـٰۤأَبَتِ ٱسۡتَـٔۡجِرۡهُۖ إِنَّ خَیۡرَ مَنِ ٱسۡتَـٔۡجَرۡتَ ٱلۡقَوِیُّ ٱلۡأَمِینُ﴾ “One of them said, ‘Let me hire him. Indeed, the best one you can hire is the strong, the trustworthy.’” [Surah Al-Qaṣaṣ: 26] And His statement: ﴿فَوَجَدَا فِيهَا جِدَارًا يُرِيدُ أَنْ يَنْقَضَّ فَأَقَامَهُ قَالَ لَوْ شِئْت لَاِتَّخَذْتَ عَلَيْهِ أَجْرًا﴾ And they found therein a wall about to collapse, so he [i.e., al-Khiḍr] restored it. [Moses] said, If you wished, you could have taken for it a payment." [Surah Al-Kahf: 77] This indicates the permissibility of taking a fee for such work. Sunnah: It is established that the Prophet ﷺ and Abu Bakr (may Allāh be pleased with him) hired a man from the Banu Ad-Dayl tribe as a guide who was skilled in navigating the desert paths [Al-Bukhari, 2263]