one-third of the profit, half of it, or any other proportion on which the two parties agree, provided that it is a known fraction of the whole. If he designates for himself the entire profit, a fixed sum of dirhams, or an indeterminate share, the contract is invalid.” End quote.

The exact percentage of profit due to the working partner is left to the mutual agreement of the two. Thus, if the capital owner says to the worker, “Trade with it and the profit is between us,” each receives one-half of the profit, for the wording attributes the profit to both equally, with no preference for either party; equity therefore demands equal entitlement—just as when one says, “This house is between me and you,” it is divided equally between them.

If the capital owner says, “Trade with it, and three-quarters of the profit—or one-third—is mine,” or says, “Trade with it, and three-quarters of the profit—or one-third—is yours,” the arrangement is valid. Once the portion of one party is specified, that party takes it and the remainder belongs to the other, for profit belongs to them both; when one party’s share is fixed, the rest automatically goes to the other by the clear implication of the wording.

Should they dispute whose share was stipulated, it is awarded to the worker, whether the amount is small or large, because he earns it through his labour, and labour varies in difficulty and worth: a small share may be set for easy work, a large share for demanding work, and the percentage may change with the worker’s level of skill. The worker’s share, then, is determined by stipulation, whereas the capital owner’s share is earned by virtue of his capital, not by stipulation.

If the muḍāraba is found to be invalid, all profit goes to the capital owner, for it is the growth of his wealth, and the worker receives a wage commensurate with his effort. His right was conditional on the stipulation, and that stipulation is null because the muḍāraba itself is null.