سروسز (خدمات) کے مشارکہ میں نقصان کے اصولوں کی فقہی تحقیق ،جدید مسائل کے تناظر میں
A Jurisprudential Research regarding Investment in the business of Partnership in services and the ruling of losses in contemporary issues
Abstract
Shirkat (Partnership in business) is a legal and permissible business in "Islam."Jurists (Islamic Scholars) have discussed in detail the Partnership and its different types and each ruling related to it. The discussion here is specifically about two types of partnership; Shirkat ul Aqad (contract of partnership in business). Basically, Shirkat ul Aqad is divided in three categories; Shirkat ul wujuh, Shirkat ul Amwal and Shirkat ul Aamal.The coming discussion is about the last two types (Shirkat ul Amwal and Shirkat ul Aamal), the combination of both by which a new kind of partnership formed. Shirkat ul Awmal (capital-based partnership) the participation of which is based on capital investment by the partners. Verbal involvement in the business is not a condition. The second one is called Shirkat ul Amaal (Partnership in providing services), in this type of contract, partners agree to take responsibility for any type of services which they providing and the profit is shared amongst them according to an agreed ratio. The base of this partnership is the taking joint responsibility by the partners to provide services to their customers. e.g., The partners agree mutual participation by providing different types of services such as education, medical treatments etc. Investment is not a requirement in this type of partnership, however now a days (participation in the business of services) often requires the investment of some capital. If investment of capital takes place, it results in combining the two types of shirkat, Shirkat ul Amwal and Shirkat ul Amaal.Combining the two types results in a new form of partnership. The question now arises that is this type of partnership permissible in Shariah Law? What are the rulings related to it? If it is allowed then what are the rulings for them? It is a lengthy challenging discussion; therefore, it is not possible to discuss here all the things. However, we will discuss here the introduction and rules related to loss in this type of partnership. Which in itself is a great challenge.
Authors who publish with this journal agree to the following terms:
- Authors hold on copyright and vouchsafe the journal right of first publication with the work at te same time licensed under a “Creative Commons Attribution License” which permits others to share the work with an acknowledgement of the work's authorship and inceptive publication in this journal.
- Authors may enter into a separate or an additional contractual arrangement for the non-exclusive distribution of the journal's published version of the work with an acknowledgement of its inceptive publication in this journal.
Authors are allowed and encouraged to post their manuscripts online and during the submission process, as it may lead to productive exchanges, as well as earlier and significant citation of the published work.
