Does the Mudarib have permission to sell on credit if the capital provider states, 'Act according to your opinion' (I'mal bi ra'yik) or 'Act as you wish' (Tasarrif kayfa shi'ta)?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the capital provider grants general discretion ('Act according to your opinion' or 'Act as you wish'), the Mudarib is permitted to sell on credit. This permission is included within the general wording, and the context of the situation indicates the owner's contentment with the agent's view regarding sales conditions and types of trade, including credit sales.

Supporting text

Al-Shafi'i holds that the Mudarib is not permitted to sell on credit in these situations because it involves inherent risk (ghara ), invalidating the sale just as if no such general permission was given.