Is it permissible to specify a percentage of profits in a mudarabah (profit-sharing partnership) contract?
Machine translationRead the Arabic original
The questioner:
May Allah reward you, our Shaykh. We also have with us from Riyadh, the brother Hamud. Peace be upon you and Allah’s mercy. Peace be upon you.
The Shaykh:
And upon you be peace and Allah’s mercy. May Allah keep you safe, Shaykh Salih. May Allah keep you safe.
The questioner:
If you would be so kind, I have a question with two parts. The first part, Shaykh Salih, is that I work in trade, and if a person comes to me and says, “I will put a specific amount of money with you, and I want you to invest it in trade, in halal trade,” and I give him a percentage, for example, five percent, seven percent, or ten percent—a fixed percentage of the profits, not a floating one—is this permissible or not?
The Shaykh:
A shared percentage: if there is a profit, you give him that percentage, and if there is no profit, he has nothing.
The questioner:
Certainly, there is no doubt about that, but when there is a profit, I want to specify that if there is a profit, he gets a percentage of five or ten percent, meaning I stipulate the percentage for him. Is this permissible, Shaykh, or not?
The Shaykh:
Yes, a shared percentage, for example, five percent or ten percent, as you have stipulated. Yes.
May Allah reward you, our Shaykh. We also have with us from Riyadh, the brother Hamud. Peace be upon you and Allah’s mercy. Peace be upon you.
The Shaykh:
And upon you be peace and Allah’s mercy. May Allah keep you safe, Shaykh Salih. May Allah keep you safe.
The questioner:
If you would be so kind, I have a question with two parts. The first part, Shaykh Salih, is that I work in trade, and if a person comes to me and says, “I will put a specific amount of money with you, and I want you to invest it in trade, in halal trade,” and I give him a percentage, for example, five percent, seven percent, or ten percent—a fixed percentage of the profits, not a floating one—is this permissible or not?
The Shaykh:
A shared percentage: if there is a profit, you give him that percentage, and if there is no profit, he has nothing.
The questioner:
Certainly, there is no doubt about that, but when there is a profit, I want to specify that if there is a profit, he gets a percentage of five or ten percent, meaning I stipulate the percentage for him. Is this permissible, Shaykh, or not?
The Shaykh:
Yes, a shared percentage, for example, five percent or ten percent, as you have stipulated. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3138] هل يجوز تحديد نسبة من الأرباح في عقد المضاربة ؟ - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
