عقدشرکت پرغیرمتوقع حالات کے اثرات کاتحقیقی جائزہ

An exploratory review of the impact of contingencies on contract of partnership

Abstract

The contract of partnership (ʿAqd al-Shirkah) refers to an agreement in which two or more parties, with mutual consent, combine their capital or labor to share profit and loss. Partnership (Shirkah) has several types: Shirkat al-Amwāl (partnership in capital), Shirkat al-Aʿmāl (partnership in labor), and Shirkat al-Wujūh (partnership based on reputation or credit). Each of these is further divided into two categories: Shirkat al-Mufāwaḍah and Shirkat al-ʿInān. The primary objective of the contract of partnership is to generate profit through combined capital or effort and to distribute it according to the agreed ratio. However, at times, certain unexpected or contingent circumstances arise due to which the implementation of the partnership contract becomes impossible or one of the partners suffers a loss. This article aims to examine the effects of such unexpected circumstances within the framework of the contract of partnership. The study discusses, in light of classical jurisprudential (fiqhi) sources and principles, the situations in which the contract of partnership is terminated, and those in which modifications occur in the partnership agreement. Finally, an overview of some contemporary issues is presented in light of these jurisprudential principles.