Is the Mudarib permitted to engage in a partnership (*Musharakah*) using the Mudarabah capital?
General Chapter
Al-Mughni
Book of Partnership
Primary text
The Mudarib is not permitted to enter into a partnership using the Mudarabah capital unless the capital provider explicitly grants them permission to act according to their own judgment, which then validates the action.
Supporting text
Al-Shafi'i holds that allowing the Mudarib to act according to their own judgment is impermissible, and if they do so, they are liable for loss, as this action is considered outside the scope of established trade practices (*tijarah*).