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Question Summary:
Business partnership with a third party

Question Detail:

I am a Muslim and I had a non-Muslim partner. We entered a partnership in which we provided services to a third party at the price of R100 000. The deal between me and my partner was to share the R100 000 at the ratio of 40 to 60 meaning that I would take R40 000 and he would take R60 000. We rendered the required services to the client and before we could receive the payment my partner passed away. Now I have just received the payment in full. My question is who do I give his share to considering that he has a wife and children that he didn’t live with and another woman (girlfriend) who he used to live with. His partner (girlfriend) is also calming a share of the money as she was looking after him till he passed away. Please explain who rightfully deserves the money.

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We advise you to take the following steps:

  • Find out if your partner has a valid will. If he does, then hand the money over to the executor of the will.
  • If he doesn’t have a valid will, then according to South African law the government will provide an executer to whom you may hand the money over to.
  •  
     
    And Allah Ta’āla Knows Best
    Ismail Dawoodjee
    Student Darul Iftaa
    Zambia

    Checked and Approved by,
    Mufti Ebrahim Desai.

    www.daruliftaa.net

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