ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 7 · Page 122Section

Translation · EN

It is thus valid, and what they trade in is between them, just as if he had mentioned the stipulations of agency. Their assertion that agency is not valid until one mentions the amount of the price and the type is rejected according to one of our narrations. Even if we were to concede that, it would only be considered in an individual agency, whereas agency that is included within the context of a partnership does not require such consideration, as evidenced by Mudaraba and 'Inan partnership, for they contain agency within them, and none of this is considered in them; the same applies here. Thus, if a man says to another, 'Whatever you purchase today of anything, it is between me and you in halves,' or he leaves the time unrestricted and says, 'Yes,' or he says, 'Whatever I purchase of anything is between me and you in halves,' it is permissible, and it is a valid partnership. This is because he has permitted him to trade on the condition that the sold item is between them, and this is the meaning of partnership; it acts as an authorization for him to purchase half of the goods for half of the price, so he is entitled to the profit in proportion to his ownership established in the purchased item, whether he specifies a type of goods or leaves it unrestricted. Likewise, if they say: 'Whatever we purchase, or whatever one of us purchases of trade, is between us,' it is a valid partnership. In their transactions, what is incumbent upon them and what is owed by them, their acknowledgments, their disputes, and other matters, they are in the position of partners in an 'Inan partnership, as we shall mention, if Allah the Almighty wills. Whichever of them dismisses his partner from exercising authority, the partner is dismissed, because he is his agent. This is called 'partnership of reputation' (sharikat al-wujuh) because they partner in what they purchase based on their reputation (jah), and 'reputation' (jah) and 'face' (wajh) are one and the same. It is said: 'So-and-so is wajih (distinguished/reputable)' if he has reputation. Allah the Almighty said regarding Moses, peace be upon him: {And he was, in the sight of Allah, distinguished (wajihan)} [Surah al-Ahzab: 69]. In some reports, it is said that Moses, peace be upon him, said: 'O Lord, if my reputation in Your sight has been created, then I ask You by the right of the Unlettered Prophet whom You shall send at the end of time.' Allah the Almighty revealed to him: 'Your reputation in My sight was not created, but you are indeed distinguished (wajih) to Me.'

Section: The second category is when two bodies partner with their capitals. This is the third type of

Notes

(5) In [M]: "within them". (6) Omitted from the original. (7) In [A] and [B]: "he said". (8) Surah al-Ahzab: 69. (9) "Created" (khalaqa): "worn out" (baliya).

PreviousVolume 7 · Page 122Next
Previous7·122Next