This company is an association of two bodies with the property of a third, namely a person gives his property to two persons or more as a Mudharaba, so the two mudharibs are partners in the profit through the property of another person. They may agree to divide the profit in thirds, to each mudharib a third and to the owner a third. They may also agree to divide it in fourths, where the property takes a fourth, one of the mudharibs takes a fourth and the other takes a half. Or they may agree on conditions other than these so that it is possible that there are preferential shares of the profit between the two workers. Their claim to preferential shares of profit is based on the reputation (Wajaha) of one or of both of them, whether in regard of their profession in work or of their skills in disposal and management, despite the fact that the right of disposal they have in the property is equal. This company is therefore different from the company of Mudharaba, although in reality it reverts to Mudharaba.

Among the companies of Wujooh is when two or more persons associate in what they buy using the trust of merchants in them, and the reputation that is based on this trust, without having property. They would agree that the property they bought is owned by them in halves or thirds or fourths or the like, and they sell that property. What they gain of profit is divided between them in halves, thirds or fourths or whatever else they agree, and not based on the previous agreement of the share of ownership. However, the loss is in proportion of their shares of the purchased goods, because these shares represent their property and not according to what they may agree about the loss, nor according to their share of the profit, whether the profit was divided between them according to the value of their purchases or otherwise.

Thus the company of the Wujooh with its two forms is allowed. This is because if the partners associated with the property of another person it is like the Mudharaba company, which is confirmed by the Sunnah and Ijma’a. If, however they associated with what they take from the property of another person, by buying goods through their reputation and the trust of the merchants in them, then it is like the company of Abdan, which is also confirmed by the Sunnah. The company of Wujooh is thus confirmed by the Sunnah and Ijma’a.

However, it is necessary to know what is meant by trust in this regard. When trust is mentioned in the matters of trading and company matters and the like, it is meant to be the trust in payment, which is the financial trust, not notability nor esteem. Therefore, a person may be a notable person yet He is not trusted to pay, so there is no financial trust in Him and thus there is no trust in Him in the subject of trading and partnership. He could be a minister, a rich man or a great merchant, but if He is not trusted to pay, there is no financial trust in Him nor is He trusted in anything. Therefore, He cannot buy any goods from the market without paying its price. Yet could be a poor person, but if the merchants trust Him to pay his debts, He can buy goods without paying their price immediately. In the company of Wujooh, the trust is thus focused on payment not on notability. What occurs in some companies is that a minister of the government is included as a member in the company and assigned a certain share of the profit, while He contributes no property nor participates with any effort. He is associated as a partner due to his standing in society so as to facilitate the dealings of the company. This is not considered as a wujooh company nor does the definition of a company in Islam apply to it. This type of partnership is not allowed and such a person is not a partner and He is not allowed to take anything from such a company.

What happens in some countries like Saudi Arabia and Kuwait is that the non-Saudi or the non-Kuwaiti person is not allowed to have a license for trading or working so He includes a Saudi in Saudi Arabia or a Kuwaiti in Kuwait as a partner. He assigns to Him a share of the profit, while the Saudi or Kuwaiti person does not contribute any property or his body to the company, rather He is considered a partner because the licence is issued in his name and He is given a share in the profit in return for this. This type of company is also not considered of the company of wujooh, nor is it allowed by Shar’a. Such a Saudi or Kuwaiti is not considered a partner and it is not Halal for Him to take anything from the company, because He does not fulfil the conditions which the Shar’a requires in the partner in order to become a legal partner. These conditions include associating in the property or by his body or by the trust in payment, so that He works with the goods He takes through this trust.