Is it permissible to deduct a partner's share from the monthly profit if his absence from work is frequent, given that I am responsible for managing the premises and he bears no responsibility other than his work?
The proposed solution for a partner's shortcoming in a contracts partnership (such as a sharikat al-’inan) is not to deduct working hours, but rather to give the defaulting partner a share of the profits from each product proportionate to their actual contribution to its production.
Ibn Qudamah mentioned the possibility that a partner who abandons work without a valid excuse does not share with their companion in the wage of what the other partner accomplished without them. Al-Muwaffaq clarifies this by stating that partnership is based on the work of both parties together; if one of them abandons work without a valid excuse, they are not entitled to what was agreed upon.
Al-Ruhaibani believes that the obligation of the contract in partnership, ju'alah (commission), and ijarah (leasing/hiring) is equality in work and remuneration. If one of the partners increases their work and does not voluntarily waive this increase, they have the right to request an increase to achieve equality.
This solution stipulates that the shortcoming must be without a valid excuse. As for the opinion of the majority of jurists, it is to maintain parity in adherence to the absolute nature of the contract, or to dissolve the partnership if it does not cause harm.
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- Source platform
- Ftawy
- Original fatwa ID
- 140592
- Imported
- Translation status
- Source text, unreviewed
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