Business and Dealings

Mudhaarabah contract according to Hanafi Fiqh

Q: Please comment on the following from Maliki Fiqh disallowing sleeping partners in an Islamic Contract.

Please give the Hanafi position with proofs.

The only formula for a silent investor is a business loan or Qirad. In a partnership all the partners have to work, they are all equally owners and therefore equally responsible.

I said: “What is your opinion of an arrangement in which I place a person in a stall and say to him: ‘I will accept the goods and you will do the work on the condition that whatever God grants us will be shared between us equally?’” He said: ”According to Malik, this is not permissible.” (Sahnun, Mudawwana, 12: 41).

I said: “What is your opinion of a partnership between three people in which one provides the millstone, the other the house, and the other the work-animal, on the condition that the owner of the animal does all the work?” He said: “The entire proceeds of the work are to go to the owner of the animal who executes the work, and he is obligated to pay the rental fee for the millstones and house.” I said: “Is this also the case even if he does not earn anything?” He said “Yes, even if he does not earn anything.”(Sahnun, Mudawwana, 12: 45).

Ibn Qasim rejects the validity of a partnership based in cash only which stipulates that all the work be done by only one of the partners. He explains his rejection as follows:

“The basis for this is that according to Malik, a partnership is not permissible unless they combine in its work proportionally to their respective shares in the joint capital.”(Sahnun, Mudawwana, 12: 60).

Accepting the "terms and conditions" on websites without reading them

Q: On many websites when making an account for something or placing an order an option is necessary to be ticked that says, "Do you agree to the terms and conditions?" or "Have you read the terms and conditions?" These terms are always so long that nobody reads them, but we still tick as if we have. Won't this be counted as a sin?

Recording interest transactions as part of one's work

Q: I have a contemporary business question to inquire about.

Would it be permissible to apply for work at a company that deals with various financial schemes if:

The company sells clothing and furniture and offers various financial services for its customers such as credit purchases, lay-by's, higher purchases, loyalty programs for monthly fees and so forth.

Customer will make use of these financial scheme services that are offered to allow them paying less at one time but the consequences of not paying cash incur interest which happens to many.

The work I would be doing is directing calls, working in despatch during certain hours and the rest in, reconciliating ledgers and providing debtors and creditors list regularly, in line with their financial scheme pay back plans which makes part of the work to record interest that is owed to and paid for by the customers.

I would like to know the Islamic perspective on whether or not it will be permissible for me to work and earn halaal money from the company for the services I will render? Or should I find work that does not involve recording of interest.