Praise be to
Allah
Firstly:
it is not permissible, when forming a partnership,
to agree that the owner of the capital will get a certain percentage of his
capital, or a set amount. Rather his share should be a percentage of the
profit, such as saying: You will get 3% of the profit.
But if it is said to him: You will get 3% of your
capital, or you will get one hundred and fifty dollars, this renders the
partnership invalid.
If, combined with that, his capital is guaranteed
(and he will not lose any of it), as you mentioned, then this transaction is a
riba-based loan.
Ibn Qudaamah (may Allah have mercy on him) said:
If the share of one of the partners is set as a
specific amount of money, or a sum of money is set along with his share – such
as if he stipulates that he will have a percentage plus ten dirhams, the
partnership becomes invalid. Ibn al-Mundhir said: All of the scholars from whom
I learned are agreed that the mudaarabah partnership is invalidated if one or
both of them stipulate that they will have a certain amount of money. Among
those from whom we learned that are Maalik, al-Awzaa‘i, al-Shaafa‘i, Abu Thawr
and Ashaab al-ra’y. End quote.
Shaykh al-Islam Ibn Taymiyah said:
If it stipulates in the mudaarabah contract that the
owner of the money will get a certain amount of money, this is not permissible,
according to scholarly consensus. That is because transactions should be based
on fairness, and these transactions are a kind of partnership, and it can only
be a partnership if each partner gets a percentage, such as one-third or
one-half. If one of them is given a specific amount, that is not fair, rather
it is unjust. End quote from Majmoo’
al-Fataawa, 38/83
The Standing Committee was asked about two men, one
of whom gave the other a sum of money with which to do business for him, and
they agreed that he would give him 3% of the capital as a profit each
month.
They replied:
Your giving the money to the trader to do business
with it and his giving you a set amount, three percent of the money, is not
permissible, because it is a kind of guaranteed profit. End quote fromFataawa al-Lajnah al-Daa’imah, 14/318
They were also asked about a company that takes
money from people to do business with it, and gives them a share of 30 percent
of the capital every year, and claims that it makes a profit of 100 percent.
They replied:
If the company mentioned gives the partners a set,
guaranteed amount of profit, this transaction is not permissible, because it is
riba. The transaction which is permissible is that in which each partner is
given a share such as one-quarter or one-tenth, which increases or decreases
according to what happens. End quote from Fataawa
al-Lajnah al-Daa’imah, 14/321
Conclusion: it is not permissible to invest money in
the manner asked about.
Secondly:
In a valid type of partnership, it is essential to
know the nature of the field in which the money will be invested, and that it
is permissible. It is not permissible for the money to be invested when it is
not known in which field it will be invested; perhaps it will be invested in
riba-based banks or gambling operations, or other unlawful things.
It is not permissible for anyone to let his love of
wealth make him try to accumulate wealth in any way, even if it is prohibited.
The Prophet (blessings and peace of Allah be upon him) said:
“The Holy Spirit (Jibreel) has inspired to me that
no soul will die until it has completed its appointed term and received its
provision in full, so fear Allah and do not be desperate in seeking provision,
and no one of you should be temped to seek provision by means of committing sin
if it is slow in coming to him, for that which is with Allah can only be
attained by obeying Him.” Narrated by Abu Na‘eem in al-Hilyah;
classed as saheeh by al-Albaani in Saheeh
al-Jaami‘, no. 2085.
And Allah knows best.
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