What is the legal ruling on void conditions (*shurut fasidah*) that contradict the essence of the *Mudarabah* contract?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 2 · Bab 1

Open in Qurani

Primary text

Conditions that contradict the purpose of the contract, which is profit generation, are void. Examples include stipulating the binding nature of the *Mudarabah*, prohibiting the principal from dismissing the agent for a specified period, stipulating that the agent may not sell except at the capital amount or less, restricting the sale to a specific buyer, stipulating that the agent shall not buy or shall not sell, stipulating that the agent may choose the goods, or similar stipulations. These are void because they nullify the intended purpose of profit or prevent the permissible dissolution of the contract by default.