الدراسات القانونية المقارنة
Volume 11, Numéro 2, Pages 473-489
2025-12-25

Types Of Partnerships And Their Conditions In Islamic Jurisprudence

Authors : Cheurfa Samia . Guergah Ounis .

Abstract

Companies represent the legal framework for pooling and investing capital, in addition to unifying available human efforts to achieve common economic objectives. The corporate system has always been one of the fundamental pillars of economic life throughout history. Islamic law has meticulously codified and regulated this system through the detailed work of Muslim jurists over time. Likewise, modern legal systems have established comprehensive regulations governing the various types of companies and the ways in which capital can be invested, along with the related rights and obligations of partners. This study highlights the significance of examining the concept of partnership (Sharika) in both Islamic jurisprudence and contemporary law, as it plays a crucial role in understanding the legal and ethical foundations of contemporary economic transactions, and in exploring the possibility of reconciling the demands of modernity with the principles of Islamic Sharia.

Keywords

Company ; ʿInān partnership ; Mufāwaḍah partnership ; Muḍārabah ; Wujūh partnership ; Abdān partnership ; rulings ; pillars ; conditions, ; , profits