then this is valid, and the remaining quarter belongs to the worker—that is, the muḍārab. Hence he said: “It is valid, and the remainder belongs to the other party.”

His statement, “If they disagree as to whom the stipulated share belongs, then it belongs to the worker,” means that they agree that it was said, “Three quarters of it are yours, and the remainder is mine,” but then they disagree: one says, “The three quarters were stipulated for me,” while the other says, “They were stipulated for me.” In that case, the worker’s statement is accepted, because the profit was only earned through his efforts, so he has the stronger claim to it. Therefore, we say that the worker’s statement is accepted. This is the established position of the school, whether the share is small or large.

The correct view, however, is that it belongs to the worker unless his claim departs from customary practice. If he claims something contrary to custom, his claim is not accepted. Thus, if the customary practice in such a trade is for three quarters to belong to the capital owner, then the capital owner’s statement is accepted. This is because businesses differ: currency exchange is easy, whereas trading in foodstuffs is laborious, since it requires loading, unloading, workers, and vehicles.

An example of this is where the stipulated share is two thirds: the worker claims that it belongs to him, while the capital owner claims that it belongs to him. Yet the customary practice is that, in a muḍārabah partnership, the worker is given no more than one third. Here, customary practice supports the capital owner, so his statement is accepted.

This is analogous to what was mentioned previously in the chapter on collateral: if the pledgor and the pledgee disagree over the amount of the debt, then reference is made to the collateral. If the collateral is substantial while the debtor claims that the debt is small, then the statement of the one entitled to the debt is accepted.

If they disagree over the amount of the stipulated share, then the statement of the capital owner is accepted. For example, the worker says, “We stipulated one third of the profit for you,” while the capital owner says, “Rather—”