Partnership 22item As a result of a disagreement between the three of us, we decided to sell the poultry business we own as partners at auction. One of us won the bidding. Ever since, he has been procrastinating with regard to paying us our money. Can this transaction still be deemed shar‘ī? I contributed to the capital of a company and appointed the owner of the company as my agent in so far as the investment is concerned provided that he pays me a fixed monthly sum of money. A year later, I settled for a plot of land he gave me in return for the money I put into the company and the profits thereof. Is this shar‘ī? A number of people bought an object collectively. They agreed between themselves to draw a lot to determine the owner. What is the ruling? A group of people set up a company by way of partnership. The company was officially registered with the authorities. However, I relinquished my share in favor of another person who bought it from me. He paid me the price by five checks which bounced. When I approached the buyer, he took the checks from me and restored my share in the company, but he remained officially the stockholder. It transpired that he sold the share to another party. Has he the right to do so? And do I have the right to demand the restoration of my stake in the company? According to the company charter, a committee, whose responsibility is to settle disputes, has to be set up. The committee cannot be set up because 51% of the shareholders have forgone their rights. Is it obligatory on those shareholders who have relinquished their rights to demand the formation of the committee so that the rights of the existing shareholders are upheld? Four brothers live of a jointly owned property. Two of them got married and undertook that each would be responsible for bringing one of the younger brothers up and bearing the expenses arising from his marriage. However, neither kept his pledge. The younger brothers now want to have their share of the property and live independently. How should they go about distributing the possessions between themselves? Both the public and the private sectors jointly own a company. The shareholders appointed the management team. Is it permissible for the company staff to use the company cars for their personal business? Is it permissible for some of the inheritors, or their agent, to have the right of disposal, in any way, in the estate that is still jointly owned by the heirs without the agreement of the rest of the heirs? Is it permissible for me to deny my sister the right to take away her share in the company for fear that she might use the funds she will acquire in projects that serve to spread un-Islamic practices? Three people jointly bought a string of business properties. One of the partners refused to agree with the other two partners to be part of any business conducted therein, to sell, or to rent them out. Is it permissible for any partner: (a) to sell or lease his share without the permission of the other two partners? (b) to occupy the property without the permission of the other two partners?, and (c) to pick and choose any property for himself and leave the rest for others? Two people jointly bought a plot of land. They have been cultivating the land for some twenty years. One of the partners sold his share to a third party. Has he the right to do so? If he refuses to sell his share to his partner, can the latter do anything about it? One of the partners of a company bought some property with the company’s money and registered it in the name of his wife. Who has ownership of the property? And is the wife legally bound to register the property in the name of the partners, even though her husband will not let her do it? Two brothers inherited a house from their father. They couldn’t reach a settlement as how to divide the inheritance. The case was submitted to the court to decide it. The court consulted an expert, who advised that the property couldn’t be divided and that it would be recommended for either of them to sell his share to the other or for the house as a whole to be sold to a third party. Accordingly, the property was sold at auction and the proceeds given to the two brothers. Is this sale shar‘ī and can the two brothers receive their respective share of the proceeds? Three people set up a joint business venture. One of them contributed half of the capital and the other two a quarter each. They agreed that the profits should be distributed between them each according to their shares. The two partners, who contributed a quarter each of the capital, run the business full-time, whereas the partner, who owns half of the company’s capital, seldom works. Is this partnership valid? Some partners in a jointly owned property sold it without securing the agreement of all the shareholders. Is the sale valid and, therefore, binding on the other shareholders to agree to it, albeit they are not happy with the deal? And should the agreement of all partners be a condition? Does it matter whether the company was a commercial enterprise or a civil one, in that agreement must be secured for the latter and not the former? 12