How is a dispute resolved if one partner demands sale and the other demands division (Qisma) of commodity assets?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If both partners agree upon either selling or dividing the assets, they proceed accordingly. If one partner demands division while the other demands sale, the demand for division is upheld, and the demand for sale is rejected.
Supporting text
If it is argued that in a Mudarabah contract, when the capital provider dismisses the manager, the manager is granted the right to sell to realize their profit share, the distinction is that the manager's right is exclusively to the profit, which only materializes through sale. In the partnership issue concerning commodities, any profit realized will be recovered by each partner in their respective share of the merchandise, meaning neither partner is compelled to agree to a sale merely to realize a profit share.