Loss in Partnership
Question
I was in a business partnership and owned 50% of the company. The other partner managed the finances which I did not have access to. There was no real Hisaab (account) as the partner did not keep a record. The partnership suffered a great loss. Am I responsible for half the loss which was incurred?
Answer
Firstly, the correct method of a partnership is that there should be transparency in every matter and every transaction should be recorded. Secondly, in the light of Shariah, whenever a loss takes place in a partnership, it will be borne by all the partners. Hence, both the partners in the queried scenario will have to bear the loss.
References (Arabic / Urdu sources)
من أتلف مالاً مشتركا لأناس فمبلغ الضمان يكون مشتركا بين أصحاب ذلك المال .(المجلة ًص210)
- Answered by
- Mufti Abdul Kader Fazlani
- Checked & approved by
- Mufti Yacoob Vally Saheb
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta Ibn Masood — https://fataawa.co.za/loss-in-partnership/
Fatawa SA: https://fatawa.co.za/fatwa/ibnmasood-37985
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