هل يجوز في المضاربة أن يضمن العامل رأس المال ؟

Abstract EN

The proposal of Al-Tigani Abdulgader that the user of Mudarabah fund (here it is the bank) should guarantee capital of the owners (depositors) is the subject of objection as there is mixing of contradictory loan and partnership.

It is also conflicting with the principle of “the gain is tied with risk of loss” and the rule that one is entiled of profit only if he is ready to bear the responsibility.

In addition, it is, in a way, a return to the practice of interest under different name.

Interest is nothing but the gurantee of the deposit and something more? The proposal is not new.

Earlier Muhammad Baqir al-Sadr, Sami Hamud, Jamal al-Din Atiyyah, Sayyid Tantawi, Husayn Hamid Hassan and Muhammad Shawqi al Fangari have also suggested it.

The issue had already been discussed in the old fiqh literature and unanimously rejected by all jurists, except alShawkani.

It is not wisdom or intelligence to prohibit interest first and then return to it through various subterfuge and legal stratagems.