Feasibility of using partnership contracts in property and capital in common

Document Type : Specialized scientific

Author

عضو هیئت علمی دانشکده اقتصاد، دانشگاه کاتب، کابل، افغانستان

10.22034/fe6.2023.100244.1013

Abstract

Partnership contract is one of the Islamic contracts that can be used for financing. This means that several people can share their property through a company contract and divide the profit from that ratio based on the share of each of them in the capital or according to the agreement. When the initial capital of the participants in the investment is separate, it is clear that according to the conditions of participation, it is possible to use this contract, but considering that it happens in many cases that the initial capital or property of the participants is not separable. Rather, it is common, so the question that arises is whether it is possible to use the company contract for common property and capital or not? It is doubtful. Of course, there is no doubt that common property can be used in the form of non-contractual companies, and it can still be taken as mortgage, lease, and mudaraba, but in the form of partnership bonds, the owners must first put these properties at the service of a joint-stock company. He sold this property in the form of partnership bonds and financed through it.