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Starting a partnership and supplying goods to the partnership from one’s own business

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: A friend of mines needs help to boost his business so we decided to divide his shop into two. In the one section I will go into a 50 50 partnership with him. We will be a retail store selling blankets, mats, electrical items etc. We as partners won’t earn a wage but will share the profit 50%.

The other important info is my main store will supply stock for this store at a small profit to me only (transport costs and my workers will be loading, offloading, marking). My friend has a separate business of his own in the other part of the premises. The option of me just supplying stock to him won’t work since he feels he won’t be able to manage the store and feels the business will be more successfull with me as a partner. He doesn’t have the cash to do the renovations etc. needed to start this venture.

I want to do everything according to sharia. Where can I get all the info needed to draw up the partnership agreement, what’s allowed and whats not etc.

Bismillaah

A: If both of you are investing wealth in this business and sharing the profits equally, it will be permissible. However, you should not sell to this business as you also own part of the business. We suggest that you sell to someone else and that person may sell to the business that is owned between you and your friend.

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

Answered by:

Mufti Zakaria Makada

Checked & Approved:

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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