What is the legal ruling on void conditions (*shurut fasidah*) that lead to ambiguity concerning the profit share?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 3 · Bab 1

Open in Qurani

Primary text

Conditions leading to ambiguity regarding the profit share are void. This includes stipulating an unknown portion of the profit for the *Mudarib*, stipulating the profit from only one of two investments, an unknown share of two slaves or two journeys, profit earned in a specific month, stipulating ownership of a purchased slave for one party, or stipulating a known sum of money for either partner in lieu of their share, or stipulating a share of the profit for a third-party non-partner. These are void because they lead to ignorance of each partner's right in the profit or its complete forfeiture. A prerequisite for a valid *Mudarabah* is that the profit share be known.