Can the Mudārib take any portion of the realized profit without the permission of the capital owner?

General Chapter

Al-Mughni

Book of Partnership

Book 18 · Issue 2 · Bab 1

Open in Qurani

Primary text

The Mudārib is prohibited from taking any portion of the realized profit in the Mudārabah partnership without the explicit permission of the capital owner. There is no known disagreement among scholars on this point. This prohibition is based on three principles: Firstly, the profit serves as a safeguard (*wiqāyah*) for the principal capital, and taking it prematurely prevents it from compensating for potential future losses, thus ceasing to be considered true profit. Secondly, the capital owner is a partner, and the Mudārib cannot adjudicate a division for himself alone. Thirdly, the Mudārib's possession of the profit is not fully established, as it is subject to being used to cover a loss of the principal. If the capital owner grants permission, then taking the share is permissible because the right belongs to both parties and is thus transferable between them.