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Musharaka cars were stolen inspite of security guard

Answered according to Hanafi Fiqh by Fatwa.org.au
A friend of mine (Zaid) is doing car business. He keeps the cars in his home parking. For security reasons, he hired a security guard from a security company. A few weeks back, two of his cars were stolen and the guard had also disappeared.

1) Can Zaid claim for any compensation from the security company?
2) Two other people (sleeping partners) who had invested with Zaid had shares in these two cars. Who will bear the loss? Will Zaid bear the entire loss, or they will share the loss according to the profit ratio?

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

1) No, Zaid cannot claim compensation from the company. If proven guilty of negligence, the security guard will be liable to pay compensation.

(See: Shaami: 9/119-121, Darul Ma’rifa; Sharh al-Majalla lil-ataasi: 2/720)

2) All three partners will bear the loss according to the ratio of their investment (not according to the ratio of profit).

And Allah knows best.

Mufti Faizal Riza
29/2/2012

This answer was collected from Fatwa.org.au, which is connected to Darul Ifta Australia, based in Melbourne, Australia.
It is operated by Mufti Faizal Riza, a student of Mufti Ebrahim Desai from South Africa.

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