Question
The Majlis has always held the view that it is not permissible to stipulate a salary for a partner in addition to his profit-share. A Mufti Saheb holds the opposite view, namely, that in addition to a working partner’s fixed profit-share, a salary may also be fixed for him. The Mufti Saheb has referred me to the fatwa which appears in Ahsanul Fataawa. According to this fatwa, the respected Mufti Rashid Saheb (rahmatullah alayh) is of the view that a salary for a working partner in addition to his profit-share is permissible. Please resolve this conflict.
Answer
The view of The Majlis is the official view of the Shariah while the contrary view is a personal opinion. The answer in Ahsanul Fataawa is erroneous. The honourable Hadhrat Mufti Rashid (rahmatullah alayh) has erred in his conclusion. Despite his erudite Knowledge of the Shariah and him being an outstanding Aalim of the Haqq, his arguments on this particular question are exceptionally weak. The error is compounded by the fact that in presenting his personal view, the honourable Mufti Rashid (rahmatullah alayh) has overridden the Consensus of the Fuqaha. In fact, he has abrogated a clear-cut ruling which all our Fuqaha have given from the very inception of Islam.
Undoubtedly, Hadhrat Mufti Rashid Saheb (rahmatullah alayh) was a very learned Mufti of superior rank and piety. Nevertheless, every good horse too slips occasionally. Great and illustrious Muftis too err. We have studied many of the erudite fataawa of Hadhrat Mufti Rashid Saheb (rahmatullah alayh). The one pertaining to wages for a partner is truly incompatible with the Knowledge of the honourable Mufti. The weakness and legless nature of this particular fatwa are so astounding that if we did not see it in Ahsanul Fataawa
- Source
- themajlis.co.za
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- themajlis.co.za Q&A
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