Should the enterprise turn a profit, the capital itself remains the owner’s, while the profit is divided between them in the proportion they agreed upon.
6 – Ibn al-Qayyim states: “The muḍārib (working partner) unites three capacities. He is a trustee when he receives the capital, an agent when he conducts transactions with it, and a partner once profit appears.”
Resolution of the Islamic Fiqh Academy concerning muḍārabah certificates and investment certificates: Resolution No. (30):
In the name of Allah, the Most Compassionate, the Most Merciful.
All praise is due to Allah, Lord of the worlds, and may blessings and peace be upon our master Muhammad, the Seal of the Prophets, and upon his family and Companions.
The Council of the Islamic Fiqh Academy, in its fourth session convened in Jeddah, Kingdom of Saudi Arabia, from 18 – 23 Jumada al-Akhirah 1408 AH (6 – 11 February 1988 CE),
after examining the papers submitted on “muḍārabah certificates and investment certificates,” produced by the symposium the Academy held in cooperation with the Islamic Research and Training Institute of the Islamic Development Bank on 6 – 9 Muharram 1408 AH (30 August – 2 September 1978 CE) pursuant to Resolution No. (10) adopted in the Academy’s third session—a symposium attended by a number of the Academy’s members and experts, researchers from the Institute, and scholars from other academic and economic centers, in view of the great importance of this topic and the need to treat it comprehensively, given the pivotal role of this instrument in augmenting public resources through the convergence of capital and labor—
and after reviewing the ten recommendations reached by the symposium and discussing them in light of the papers presented there and elsewhere,