Transactions & Dealings >> Business

Question # : 29848


We are two brothers and one sister.My father had a flourishing business with his friend who was 50% partner but as he was a sleeping partner he was given a fixed amount according to both their understanding.After my fathers death my brothers forced me to sell my share which i refused and told them that i wish to have a share in the monthly income .They agreed to it but started the tactics of mental harassment of sending me less and fixed amount every month and when asked would say that the business is not doing well or blame the manager for sending them a fixed amount.I recently found out from the manager that he always sent a larger amount always varying.Both my brothers are NRIs.Theyve been sending me much less but taking 20%For expenses of the establishment.According to sharia law what should be my stand?Kindly reply.

Answer : 29848

Published on: Feb 10, 2011

بسم الله الرحمن الرحيم

(Fatwa: 291/216/L=1432)

If you do not trust your brothers, the better and safe way is to take your part and get separated. The system of partnership you have written shows that the said system is not correct as per Shariah. It is not lawful according to Shariah to give a fixed amount to a partner from the profit; the partnership turns invalid due to such condition. In partnership, the profit should be distributed as per the total profit i.e. in case of profit so and so percentage shall go to such and such person not a fixed amount as in your case.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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