What is the legal ruling on void conditions (*shurut fasidah*) unrelated to the purpose or essence of the contract?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 4 · Bab 1

Open in Qurani

Primary text

Stipulations that are neither beneficial to the contract nor implied by its nature are void. This includes stipulating that the *Mudarib* must conduct another *Mudarabah* for the principal, receiving the capital as merchandise or a loan, requiring the agent to perform a specific service, or allowing personal benefit from the goods such as wearing a garment, using a slave, or riding an animal. Also void are stipulations requiring the *Mudarib* to guarantee the capital, bear a portion of the loss (*wadiah*), or giving the seller priority to buy back the merchandise for its price, and similar stipulations imposed by the *Mudarib* upon the principal.