The Principles of Division in Joint Ownership or Partnership

by Shahnawaz Khan Wed, 9-Apr-2025 Islamic Finance 👁 233 views
Two persons got together and purchased wheat from the market. At the time of dividing this wheat, it is not necessary for both of them to be present. Even if one of them is not present, it is permissible for the other person to have it weighed properly, take her share, and keep the other share aside for her partner. Once the wheat has been divided, it is permissible for the person who was present to do whatever she wishes with her own share - she can eat it, consume it in any other way, give it to someone, etc. All this is permissible. The same rule will apply to ghee, oil, eggs, etc. In short, items which do not have any difference and are all the same can be purchased and divided in the absence of any one of the partners. However, if the second person has not taken her share as yet and it disappears or is destroyed in some way or the other, then this loss will be regarded as a loss of both the partners - as explained in the chapter on partnerships.
As for those items in which there is a difference, such as guavas, pears, etc. then as long as both partners are not present, it will not be permissible to divide the shares.

Two girls got together and purchased some mangoes, guavas, etc. One of them was not present at that time. It is not permissible for the other girl to eat any of this fruit. When the other girl comes, the fruit will be divided and only then can she eat it. If she does not wait for her and commences eating before it can be divided, she will be committing a sin.

Two persons got together and purchased roasted gram seeds. It will not be permissible for them to divide this by mere estimation. They will have to weigh it properly and divide it equally. If there is any difference in the weight, it will be regarded as interest.

Note
These examples illustrate fundamental Islamic principles (Shariah). These core concepts, rooted in fairness and mutual obligation, can be thoughtfully extended and applied to various other permissible transactions.

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