himself and his partner. This view is more correct, especially according to those who permit capital partnerships even when the two partners’ funds are not pooled and consist of different kinds of property.

Allah Most High says:

“Fulfil your contracts.”

The Prophet, may Allah bless him and grant him peace, said:

“Muslims are bound by their conditions, except a condition that makes the unlawful lawful or the lawful unlawful.”

I believe this is also Mālik’s view.

As for joint arrangements among witnesses, it may be said that they fall under the question of “labor partnerships,” concerning which the jurists disagreed. Testimony cannot be assumed as a contractual liability, nor can it validly be delegated to an agent, such that either partner could act for himself by right of ownership and for his partner by virtue of agency. Remuneration for testimony belongs to the category of reward arrangements, not binding contracts of hire. Thus, this is joint participation in a contract, not a partnership contract.

It is comparable to someone saying to a group: “Build this wall for me, and you shall have ten,” or, “If you build it, you shall have ten,” or, “If you sew this garment, you shall have ten,” or, “If you return my runaway slave, you shall have ten.” Even if he does not specify the reward, while knowing that they work for payment—as with porters working together to carry a merchant’s goods—they are entitled to the customary remuneration for people doing such work, according to the majority of scholars, including Abū Hanīfah, Mālik, Ahmad, and others. The same entitlement applies to the cook who cooks for pay, the baker who bakes for pay, the weaver who weaves for pay, the fuller who processes cloth for pay, and the bathhouse owner