Business partnership with a third party
Question
I am a Muslim and I had a non-Muslim partner. We entered a partnership in which we provided services to a third party at the price of R100 000. The deal between me and my partner was to share the R100 000 at the ratio of 40 to 60 meaning that I would take R40 000 and he would take R60 000. We rendered the required services to the client and before we could receive the payment my partner passed away. Now I have just received the payment in full. My question is who do I give his share to considering that he has a wife and children that he didn’t live with and another woman (girlfriend) who he used to live with. His partner (girlfriend) is also calming a share of the money as she was looking after him till he passed away. Please explain who rightfully deserves the money.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We advise you to take the following steps:
Find out if your partner has a valid will. If he does, then hand the money over to the executor of the will.
If he doesn’t have a valid will, then according to South African law the government will provide an executer to whom you may hand the money over to.
And Allah Ta’āla Knows Best
Ismail Dawoodjee
Student Darul Iftaa
Zambia
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net
- Answered by
- Ismail Dawoodjee
- Checked & approved by
- Mufti Ebrahim Desai
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Iftaa Mahmudiyyah — https://askimam.org/public/question_detail/28954
Fatawa SA: https://fatawa.co.za/fatwa/askimam-28954
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