What are the permissible methods for partners to divide shared property?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
Partners may divide their property by agreement between themselves, or they may appoint a judge (*Hakam*) to assign an appointed divider (*Qasim*) for them, or they may appoint a divider themselves. If the judge appoints the divider, that divider must possess justice, knowledge of calculations, valuation, and division (*Qismah*) to ensure every right-holder receives their due. This is the position of Al-Shafi'i, with the additional requirement that the divider must be free.
Supporting text
If the partners appoint a divider, and this person possesses the requisite justice and knowledge, then the division made by lot (*Qur'ah*) is binding, even if the divider is a non-Muslim, a sinner (*Fasiq*), or lacks knowledge of division. If the appointed divider lacks these qualifications, their division is only binding upon mutual consent. If the division requires valuation (*Taqwim*), a single divider is insufficient; two dividers are required because the valuer must be two persons, and one cannot suffice for valuation.