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Sharing in the profits as well as the losses in an investment

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My bother passed away and his five kids and widow are in my supervision. Even though I am a lady but Alhamdulillah I did my best. Alhamdulillah now my brothers property problem is also solved and Alhamdulillah they received some money. They are not capable of handling this amount. No one in relatives are responsible enough to keep this Amanath for them. And may Allah Ta’ala forgive me I don’t trust anyone for their money. I don’t want to keep it in the bank and collect interest on their money. So with several god fearing peoples advise I invested their money in a certain brothers clothes store. He said for every 1 Lakh Rs he will give 1 thousand as profit. He said he can give more than that because he is saving lot more in interest. He said he will fix this minimum amount. And Allah forbid if in case he has loss in his business he will sell his house and give the money back to us. I got everything in writing for my brothers widow and her children’s name. Alhamdulillah this brother himself is a very pious person. And spends lots of his time besides business in Dawah work. So mufti sahib please advise me if I did it right?

Bismillaah

A: This is not right since the profit cannot be fixed. Further, in shari`ah the investor i.e. the partner has to share in the profit as well the loss.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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