وَإِنَّ كَثِيرٗا مِّنَ ٱلۡخُلَطَآءِ لَيَبۡغِي بَعۡضُهُمۡ عَلَىٰ بَعۡضٍ إِلَّا ٱلَّذِينَ ءَامَنُواْ وَعَمِلُواْ ٱلصَّٰلِحَٰتِ
Verse: "Indeed many partners oppress one another, except for those who believe and do righteous deeds." (38:24)
"Al-Khulata" (partners): Those whose assets are intermingled — this verse is cited as evidence for the permissibility of partnership.
Types of partnership in Islamic jurisprudence:
- Inan partnership: Two parties with equal or unequal capital for trade — most common.
- Mudarabah (qirad): One party provides capital; the other provides labor and expertise — profit divided by agreed ratio.
- Body partnership: Partnership in labor not capital — like craftsmen.
- Wujuh partnership: Based on reputation and standing in markets — without capital.
Origin of mudarabah: The Prophet worked in mudarabah with Khadijah before revelation — and the Quraysh trade caravans were collective mudarabah arrangements. Evidence: Quran, Sunnah, and Companion consensus.
Legal framework: Profit for both parties by agreed ratio — loss borne only by the capital owner — the worker bears no loss except through transgression.
Question: What is the difference between inan partnership and mudarabah? How is loss distributed in mudarabah?
Answer: Inan: two parties with shared capital. Mudarabah: one provides capital; the other labor. Loss distribution: borne by the capital owner only — the worker is not liable except through transgression.