Is a managing partner permitted to travel with the partnership capital?
General Chapter
Al-Mughni
Book of Partnership
Primary text
One legal position holds that travel with the partnership capital is not permitted. This is the position of Al-Shafi'i. The rationale is that travel entails exposing the capital to risk and danger, supported by a narration stating, "Indeed, the traveler and his wealth are in peril." The traveler must not expose the owner's wealth to risk without permission.
Supporting text
The second legal position permits travel if the journey is not deemed dangerous. This aligns with the analogy to the temporary deposit (wadi'ah). This view is attributed to Malik and also reportedly to Abu Hanifa. The justification is that an absolute authorization is interpreted according to established custom, which includes commercial travel both locally and afar. Furthermore, profit-sharing (Mudarabah) is derived from 'striking the earth' (travel for trade), thus granting the right to travel upon its general sanction.