Financial Contracts Between Muslims And Non-Muslims: A Jurisprudential Study Of The Partnership Contract As A Model
Keywords:
Muslims, non-muslims, Islamic Sharia, Ottoman empire, Permissibility, Jews, ChristiansAbstract
Due to the many needs and requirements of man, which he may be unable to fulfill on his own due to his physical effort and limited abilities, man thought in the past of creating a kind of cooperation with his brothers. Thus, companies appeared through which man could carry out large businesses and cover their expenses while sharing the profits and losses among the partners. When Islam came, it clarified the legitimacy of companies and encouraged them because they are based on the principle of cooperation and achieve individual and collective interests. With the expansion of Islamic countries, people expanded their ability to establish companies, which prompted diligent jurists to study them, detail their rulings, and explain their types, what is permissible among them and what is not. A partnership is considered a permissible contract, and society is in dire need of it, especially in large-scale projects that a single person cannot undertake alone. If a Muslim is the one managing the partnership, according to Islamic law, then it is a permissible partnership. If a non-Muslim is the one managing the partnership, and his dealings are not in accordance with Islamic law, then it is a forbidden partnership. However, if the non-Muslim's dealings are in accordance with Islamic law, then it is a permissible partnership, although disliked. It is more prudent to abandon it, as it is preferableIn view of the many needs and requirements of man, which he may be unable to do alone due to his physical effort and limited capabilities, man thought in the past about finding a kind of cooperation with his brothers, so companies appeared through which a person could engage in large businesses and carry out their expenses while sharing the spoils and debts among the partners.
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