Abstract

A stipulation of a lump sum return for the partner: its cases, forms, and provisions: A comparative jurisprudential study

Ayman Mustafa Hussein Dabbagh

Associate Professor, Faculty of Shari’a, An-Najah National University, Nablus, Palestine

[email protected]

Purpose: The study aims to track the cases of stipulating a lump sum return for the partner, its forms, and jurisprudential judgments.

Methodology: The study followed a descriptive and analytic approach, by gathering the cases of the subject, its forms, with a trace of what is related to from Islamic jurisprudence, and with discussion, analysis and weighting.

Findings: The study arrived at different findings, the most outstanding are: The impermissibility of stipulating a lump sum return for the partner, due to injustice (Gharar). This includes the stipulation of a common percentage with a fixed amount, in case the total profit exceeds it. And it is permissible to stipulate a fixed wage for the partner, if the work is not obligated on him, and It is not one of the businesses that the partnership has contracted on. Provided that the wage is fairly defined, and with the separation between the company's contract and the work contract. It is permissible to stipulate a wage for the management partners, only in the public shareholding company.

Originality: The study is characterized as it preceded to deal with a very important matter of the partnerships profit distribution, by tracking its cases, forms, and the opinions of Islam jurists in it, and their debates, with a comparative and profound jurisprudential study for all of that. With new edits in the details of cases, and the conditions of their permissibility.

Keywords: Partnership. A lump sum. Profit. The Partner's wage. The partnership management.

Title

مجلة جامعة أم القرى لعلوم الشريعة والدراسات الإسلامية

Publisher

جامعة أم القرى، مكة المكرمة.

Publisher Country

Saudi Arabia

Publication Type

Both (Printed and Online)

Volume

98

Year

2024

Pages

110-129