12.6 谈判伙伴关系 - 穆法瓦达(Mufawadha)
12.6 Company of Negotiation - Mufawadha
这是两个合伙人共同分享前面提到的所有类型合伙形式的情况,即“Inan”、“Abdan”、“Mudharaba”和“Wujooh”合伙之间的结合。例如,某人将一些财产或资本交给两名工程师,这两名工程师合伙并投入各自的财产,以便建造房屋出售。两名工程师约定,所使用的财产要多于他们各自所拥有的,于是他们开始在无需立即付款的情况下赊购货物,这是基于商人对他们的信任。因此,两名工程师的合伙,凭借他们的身体与劳动,就是一种“Abdan”合伙。就其技艺以及用于经营的财产支付而言,它是一种“Inan”(股份均等)合伙。他们从他人处获取财产,这意味着它是一种“Mudharaba”合伙。由于他们基于商人对其的信任而购买的货物可以共享,这意味着它是一种“Wujooh”合伙。因此,这种合伙集合了伊斯兰教所允许的所有类型的合伙。它是有效的,因为这些合伙形式中的每一种单独来看都是被允许的,它们结合在一起同样有效。利润依照他们的约定分配。可以按两份财产的比例分配,也允许即使财产不同也平均分配,同样,即使财产相等,也允许约定优先分配。
This is where two partners share in all the types of companies mentioned before, like a combination between the companies of ‘Inan, Abdan, Mudharaba and Wujooh. For example a person may contribute some property or capital to two engineers in partnership with their properties so that they build houses to sell. The two engineers agree to work with property greater than that which they hold, so they start to take goods without paying for them immediately, based on the traders’ trust in them. Thus, the partnership of the two engineers together with their bodies is a company of bodies. With regard to their craft and paying for property with which they work, it is a company of ‘Inan (equal). The fact that they take property from other people means it is a company of Mudharaba. As they share in the goods which they buy based on the trust of the traders in them means it is a Wujooh company. This company has therefore combined all the types of companies allowed in Islam. It is valid because each type of these companies is allowed by itself and they are also valid together. The profit is according to their agreement. It is allowed to make it proportional to the two properties. It is also allowed to make it equal even if the properties are different. And it is allowed to make it preferential even if the properties are equal.