A manager double works as an employee in Mudaraba contract
In the name of Allah. Assalamu’alaikum warahmatullahi wabarokatuh.
Pardon, may I ask a question? In mudaraba contract, is it lawful for the manager to also work as an employee in that business? In the original contract between the manager and the financier, the manager works as the one who manage the business, but in reality, the manager is not only needed as a manager, but also as the executor of the business itself. Is the salary of that manager considered as lawful, if he earned it as an employee, and not from his managerial task?
May Allah reward you with plenty of goodnesses for your kind answer.
From: Mr. Agus Triyono
Wa’alaikumussalam wa rahmatullah wa barakatuh
This matter needs to be detailed:
If in this contract of mudaraba the tasks were different. For example, the manager managed how to sell the goods, and he got some percent of mudaraba from this task. And then, he was also employed to buy some materials. If the tasks were different, then it is allowed to have a contract of mudaraba and contract of ijarah simultaneously. Another example is a mudaraba contract in the business of meatball. The manager was given some capital to run the business, but to cook it, he must afford it by himself. In this condition, he was allowed to get the share of mudaraba profit, and the wage from making the meatballs.
If in this contract of mudaraba the tasks were similar. If it was so, then according to the consensus of the scholars, he was not allowed to take his wage as an employee, as claimed by Ibn Qudama and Ibn al Mundhir.
That is because it is included in 2 contracts in one transaction, which is forbidden in shari’a. (A pearl of knowledge from Sheikh Sa’d Ibn Nashir Asy Syatsri, in a lesson titled “Dalil Ath Thalib”, Jurisprudence of Hambali school]
May Allah blesses your business.
Answered by Ustadz Muhammad Abduh Tuasikal
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