What is the Shari'ah method for dividing the shares of the factory?
Machine translationRead the Arabic original
The questioner: My master.
The Shaykh: So here we are speaking to the brothers...
The questioner: We are currently in agreement with you. We mean, we are looking for something that is Shari'ah-compliant. Frankly, my brothers and I are married, and we were living with our father in one house.
The Shaykh: What Allah willed, may it be a blessing for you.
The questioner: About 24 people, so we do not want discord over the money.
The Shaykh: Allahu Akbar.
The questioner: We anticipate that death may occur among us later, so we follow a Shari'ah method if one exists. This is the reason we came here, so that we and our children continue on the same path.
The Shaykh: May Allah bless you, may Allah bless you. May Allah will that no harm befalls you.
The questioner: Amen.
The Shaykh: I am saying, my brother, the point you have reached with us is... a division between males and females without preferring the male over the female. This factory, or what do you call it?
The questioner: A factory.
The Shaykh: A factory. This factory is to be a partnership among the individual heirs.
The questioner: Yes.
The Shaykh: And we will add the mother's share at the end.
The questioner: Yes.
The Shaykh: All of these will be what?
The questioner: Partners.
The Shaykh: Partners. Do you remember that I raised the scenario: suppose all these partners are males. Is it permissible to say to some of the males, "Your partnership has ended"? No, it is not permissible. Likewise for the females.
The questioner: There is no difference.
The Shaykh: So now, this factory will, if Allah wills, continue on its path forward, and each share has its equal profit regarding the different children. The reason mentioned earlier: they are all given the choice. Do you want to remain partners with us, or do you want to take the price of your share? The price of the share at that time will be more than its price today, correct?
The questioner: It may rise, yes.
The Shaykh: It may rise, or it may, God forbid,
The questioner: rise for one, rise for two...
The Shaykh: No, it may also
The questioner: ... be equal. But if it is...
The Shaykh: It may also fall, God forbid. But what is it, in order to achieve justice? It is looked at now also without distinguishing between males and females. The females do not work in the factory, of course, now.
The questioner: Yes.
The Shaykh: And some of the males also do not work now. These should have a lower profit than the workers, the rest of the brothers.
The questioner: Yes.
The Shaykh: Is it clear?
The questioner: Yes.
The Shaykh: It is not clear.
The questioner: It is clear, no, it is clear. I am clear, meaning, since the males who work are equal to the females, on the same footing in the division, meaning, since the one who works takes a salary...
The Shaykh: Takes a salary.
The questioner: Plus his profit.
The Shaykh: Plus the profit, the profit of the capital...
The questioner: His profit is like the female's.
The Shaykh : Yes.
The questioner: And he will have an added salary.
The Shaykh: This is it. Up to here, I believe the problem has been resolved.
The questioner: Clear, very clear. May Allah bless you. May Allah bless you.
Another questioner : ... .
The questioner: I, by Allah... May Allah bless you...
The Shaykh: Ah, okay.
The Shaykh: So here we are speaking to the brothers...
The questioner: We are currently in agreement with you. We mean, we are looking for something that is Shari'ah-compliant. Frankly, my brothers and I are married, and we were living with our father in one house.
The Shaykh: What Allah willed, may it be a blessing for you.
The questioner: About 24 people, so we do not want discord over the money.
The Shaykh: Allahu Akbar.
The questioner: We anticipate that death may occur among us later, so we follow a Shari'ah method if one exists. This is the reason we came here, so that we and our children continue on the same path.
The Shaykh: May Allah bless you, may Allah bless you. May Allah will that no harm befalls you.
The questioner: Amen.
The Shaykh: I am saying, my brother, the point you have reached with us is... a division between males and females without preferring the male over the female. This factory, or what do you call it?
The questioner: A factory.
The Shaykh: A factory. This factory is to be a partnership among the individual heirs.
The questioner: Yes.
The Shaykh: And we will add the mother's share at the end.
The questioner: Yes.
The Shaykh: All of these will be what?
The questioner: Partners.
The Shaykh: Partners. Do you remember that I raised the scenario: suppose all these partners are males. Is it permissible to say to some of the males, "Your partnership has ended"? No, it is not permissible. Likewise for the females.
The questioner: There is no difference.
The Shaykh: So now, this factory will, if Allah wills, continue on its path forward, and each share has its equal profit regarding the different children. The reason mentioned earlier: they are all given the choice. Do you want to remain partners with us, or do you want to take the price of your share? The price of the share at that time will be more than its price today, correct?
The questioner: It may rise, yes.
The Shaykh: It may rise, or it may, God forbid,
The questioner: rise for one, rise for two...
The Shaykh: No, it may also
The questioner: ... be equal. But if it is...
The Shaykh: It may also fall, God forbid. But what is it, in order to achieve justice? It is looked at now also without distinguishing between males and females. The females do not work in the factory, of course, now.
The questioner: Yes.
The Shaykh: And some of the males also do not work now. These should have a lower profit than the workers, the rest of the brothers.
The questioner: Yes.
The Shaykh: Is it clear?
The questioner: Yes.
The Shaykh: It is not clear.
The questioner: It is clear, no, it is clear. I am clear, meaning, since the males who work are equal to the females, on the same footing in the division, meaning, since the one who works takes a salary...
The Shaykh: Takes a salary.
The questioner: Plus his profit.
The Shaykh: Plus the profit, the profit of the capital...
The questioner: His profit is like the female's.
The Shaykh : Yes.
The questioner: And he will have an added salary.
The Shaykh: This is it. Up to here, I believe the problem has been resolved.
The questioner: Clear, very clear. May Allah bless you. May Allah bless you.
Another questioner : ... .
The questioner: I, by Allah... May Allah bless you...
The Shaykh: Ah, okay.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.