contract partnership (شَرِكَةُ الْعَقْدِ)
الفقه أصول الفقه
التعريف :
A contract between partners in the capital and the profit.
المعنى الاصطلاحي :
A joint enterprise between two or more persons to conduct some business.
الشرح المختصر :
"Sharikat al-‘Aqd" (joint-based partnership): also called "sharikat al-‘Uqood"; is a kind of partnership where two parties jointly conduct a business. If they agree that they both provide capital and work together, it is called "sharikat Amwāl" or "sharikat ‘Inān". If one of them provides capital while the other provides labor, it is called "sharikat Mudhārabah". If they agree that they both provide labor and the income is distributed among them according to an agreed ratio, it is called "sharikat A‘māl" or "sharikat Abdān" or "sharikat Sanā’i‘". If they agree to acquire capital from other people to invest it (and the profit earned is then distributed between them at an agreed ratio), it is called "sharikat Wujooh".