What is the effect of specifying the worker's share in Mudarabah without specifying the principal's share?
General Chapter
Al-Mughni
Book of Partnership
Primary text
If the principal says, 'Take this as Mudarabah for one-third or one-half,' the stipulation sets the worker's share, and the remainder accrues to the principal. This is because the stipulation is primarily intended to define the worker's share, as the principal's share is established by his capital ownership, while the worker's share must be defined by contract due to the variable nature of labor. If there is a dispute over the fraction stipulated for one party, it is allocated to the working partner, regardless of whether the stipulated amount is small or large.