Ayman Mustafa Hussein Dabbagh*
Department of Islamic Banks, Faculty of Shari’ah, An-Najah National University, Nablus, Palestine
Issue: 98 | Pages: 110-129 | September 2024 |https://doi.org/10.54940/si43486211|PDF
Received: 25/8/2023 | Revised:17/10/2023 | Accepted:29/10/2023
*Corresponding Author:[email protected]

Abstract
This study aims to track the cases of stipulating a lump sum return for the partner, its forms, and jurisprudential judgments. This study followed a descriptive and analytic approach, by gathering the cases of the subject, its forms, with a trace of what is related to Islamic jurisprudence, and with discussion, analysis and weighting. The study findings revealed that the most outstanding is the impermissibility of stipulating a lump sum return for the partner, due to injustice (Gharar). This includes the stipulation of a common percentage with a fixed amount, in case the total profit exceeds it. And it is permissible to stipulate a fixed wage for the partner, if the work is not obligated on him, and It is not one of the businesses that the partnership has contracted on. Provided that the wage is fairly defined, and with the separation between the company's contract and the work contract. It is permissible to stipulate a wage for the management partners, only in the public shareholding company. This study is characterized as it preceded to deal with a very important matter of the partnerships profit distribution, by tracking its cases, forms, and the opinions of Islam jurists in it, and their debates, with a comparative and profound jurisprudential study for all of that. With new edits in the details of cases, and the conditions of their permissibility.

Keywords
Partnership, A Lump Sum, Profit, The Partner's Wage, The Partnership Management.

How to Cite
Dabbagh, A. (2024), A Stipulation of a Lump Sum Return for The Partner: Its Cases, Forms, and Provisions: A Comparative Jurisprudential Study,Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies,Issue. 98. pp.110-129.https://doi.org/10.54940/si43486211

License
1658-8738/© 2024by the Authors. Published byJ. Umm Al-Qura Univ. Shariah. Sci. Islamic Stud.This is an open-access article distributed under the terms and conditions of thehttps://creativecommons.org/licenses/by-nc/4.0/