In this article we will continue our discussion regarding The Treatise of Rights by Imam Zayn Al-Abidin (AS). We will discuss the Right of the Partner. Regarding this, the Imam (AS) has said:

And the right of the partner is that you should take care of his affairs in his absence. And you should treat him equally when he is present. And you should not make any decisions on your own without considering his opinion. And you should not act according to your own opinion before discussing it with him. You should safeguard his property, and refuse to betray him in what is of great or little importance, since it has been transmitted to us: “God’s hand is above (the hands of) the two partners as long as they do not betray each other.” And there is no power but in God.

The Imam (AS) is emphasizing on the point that someone must be considerate in situations like this. One must every step fully through before proceeding into making a decision.

As Muslims, we have to adhere to ethical standards, not only in business but also in all aspects of life. Both business and ethics are interrelated. There is a reference to this point in the Qur’an: For you in the Messenger of Allah is a fine example to follow (Al-Ahzab 33:21).

It is worthy stressing here that when Muslims stick to ethics in their daily lives, they will become good examples to emulate. Perhaps this will help rectify some aspects of the distorted image about Islam. Thus they will to some extent become worthy ambassadors of their religion.

Prophet Muhammad (pbuh) was an ideal human being. He was the best teacher, preacher, and guide; the best statesman, lawgiver, judge, diplomat, negotiator of treaties, and military commander; the best family man, a good husband, a kind father, a good neighbour, and friend of his people. He was also a very honest and successful businessman.

If we were to closely evaluate the life of the Prophet we would realize that before he was chosen by God at the age of 40, he was greatly involved in business. He was born in Makkah, frequented by caravans from Syria in the north and Yemen in the south. The Prophet would join these caravans and that is how he traveled to Syria, Yemen, Bahrain, and many other places in Arabia. Some historians have also suggested that he probably traveled to Iraq and Ethiopia.

From a young age Prophet Mohammed (PBUH) was involved in commerce. He had a good reputation as a hardworking, truthful businessman. It was due to this reputation that Khadijah, a wealthy businesswoman, hired him to work for her business. Many people in Makkah had asked for her hand and worked for her, but they either cheated her or she was not satisfied with their work. Finally, she found Muhammad (he was not a prophet at that time) and she asked him to work for her. He made several business trips. She was impressed with his work as well as his impressive personality, they later got married.

After marrying Khadijah, the Prophet took several business trips throughout parts of Arabia. Ancient Arabia used to have commercial fairs in almost all major towns and regions; it is probable that the Prophet visited some of these commercial fairs. After becoming a prophet, his business activities decreased, although he would occasionally participate in business transactions. His vast business experience helped him in dealing with people with great care. He often used to mention the names of people and tribes whom he met in his journeys. People were often amazed of his knowledge of people and their regions.

When the Prophet (PBUH) worked in business he obviously incorporated many rules and rights. One of the most important was the right of the partner.

A partnership is not established unless it is regarding two things that are totally alike in all respects, and are mingled into each other. Then each partner allows the other one to use it.2 Some jurisprudents have also required that partnership should be verbally expressed in Arabic or another language. Partners should be adults, and they should be sound-minded. They should fully opt to engage in partnership and have the right to use their property. In Qawa`id al-Ahkam Allameh Hilli said: “There are four types of partnership:

1 - Partnership of property (Shirkah al-Amwal)

2 - Partnership by contributing effort and skill (Shirkah al-Abdan)

3 - Partnership based on negotiation (Shirkah al-Mufavezah)

4 - Partnership based on credit and reliability (Shirkah al-Wujuh)

However, no forms except the first type are right.”3 Therefore, partnership is only correct in regards to property when done subject to the conditions expressed by the jurisprudents.

As with everything else businesses must have their own etiquettes in order for it to be right and any earned profits to be legitimate.

There is a whole chapter on “business etiquette” in Wasa`il al-Shī`ah. As partnership is part of trade, it is subject to that etiquette. Imam Sadiq quoted on the authority of the Noble Prophet :

“Whoever buys or sells should adhere to the following or not engage in trade:

Avoid usury, do not swear in trade, do not cover up the flaws in his goods, do not praise what he wants to sell, and do not put down what he wants to buy.”

In another tradition in Istikharat we read that Ibn Tavoos quoted on the authority of Muhammad ibn Yahya: “A friend of mine decided to go on a business trip, but postponed it until he could go to visit Imam Sadiq and seek his advice. When he went to see Imam Sadiq and asked for advice, the Imam said: I advise you to be honest. Do not cover up the flaws of what you want to sell.

Do not cheat or fool the one who buys goods from you since it is illegitimate to do so. You should like for others what you like for yourself. Do not swear since false swearing will cause you to go to Hell. A businessman is at a loss unless what he gives and takes is right. Therefore, pray when you decide to start your trip and ask God for good. My father said that the Prophet of God recommended asking God for good when you want to go on a trip just as he taught the Qur’an.”

The Noble Prophet said that God the Almighty said:

“I am the third party in any partnership as long as one of the partners does not cheat the other. If he cheats him, I leave the partnership.”

Husayn ibn Mukhtar asked Imam Sadiq : “If one who has a partner finds out that his partner has cheated him, does he have the right to take the same amount of money from what they share?” Imam Sadiq replied:

“How unseemly! They only entered into partnership in the security of God. I wish him to cover up his partner’s mistake, and do not like him to take anything without the knowledge of his partner.”

Thus, we realize that partners should not cheat each other. They should not take things from their joint property in each other’s absence since this act would violate the rights of the other partner.

Disagreements in partnerships are part of human nature. When business is going up, everybody is happy; when it is going down, partners start having doubts about the efficiency or even integrity of co-partners. Therefore, no social system can survive without having a mechanism for resolution of disputes. That is why you have courts, judges and lawyers.

Although people have access to the legal system in their own countries, but Shi'i Muslims should realize that they are only allowed to approach a Muslim authority for resolution of their disputes. They must seek a solution within the community. Only when there are no community based tribunals or if they don't have the power to implement their judgments, can Shi'as then approach the secular courts for getting their legitimate right.

Once 'Umar ibn Hanzala, asked Imam Ja'far as-Sadiq (a.s) about the legality of two Shi'ahs seeking a verdict from an unauthorized ruler or judge in a dispute over a debt or an estate. The Imam answered that it was absolutely forbidden to do so; and then he read the following verse:

“... (Yet in a dispute) they desire to summon one another to the judgment of the taghut3 though they were commanded to reject and disbelieve in him”. (4:60)

Then 'Umar ibn Hanzala asked, "Then what should the two (Shi'ahs) do?''

Imam Ja'far as-Sadiq (a.s) replied: "They must seek out one of your own who narrates our traditions, who is well-versed in what is permissible and what is forbidden, who is well-acquainted with our laws and ordinances, and then accept him as judge and arbiter, for I appoint him as judge over you. lf the ruling which he based on our laws is rejected, then this rejection will be tantamount to ignoring the order of Allah and rejecting us, and rejecting us is the same as rejecting Allah, and this is the same as polytheism.”

In another hadith, Abu Khadija relates that lmam Jafar as-Sadiq (a.s) sent him to his companions with the following message: "If a dispute or a difference occurs among you about a property, then take care not to seek judgment from those unauthorized (judges). Instead, you must seek a person who knows what we permit and what we forbid, for I appoint him as a judge over you. And take care that you do not seek judgment against one another with an unjust ruler.''

One way to abstain from falling into issues with business partners is to have written agreements. Many times people in our communities rely on verbal agreements when close friends or relatives are involved in business. Islam has very strongly emphasized the issue of having written agreements and contracts even if you are doing business with your own brother.

The Qur'an which does not give us the details of how to pray has told us in detail about the importance of written contracts. It says:

“O you who believe!

When you deal with others in contracting a loan for a fixed time; then

(1) write it down;

(2) or let a scribe write it down between you with justice;

(3) the scribe should not refuse to write as Allah has taught him, so he should write;

(4) and the debtor should dictate and he should fear Allah, his Lord, and should not diminish anything from it;

(5) the debtor is unsound in understanding or weak, or if he is unable to dictate himself, then his guardian should dictate with justice;

(6) call in to witness from among your men two witnesses;

(7) but if two men are not available, then call one man and two women from among those whom you approve as witnesses-so that if any of the two errs, one of the two may remind the other;

(8) the witnesses should not refuse when they are summoned to give evidence.

(9) Do not disdain from writing the agreement [of loan whether it is] small or large [amount], with fixed time [of payment]-this is more equitable with Allah and assures greater accuracy in testimony, and the nearest way that you may not entertain doubt [afterwards].

(10) [This law of writing is important in case of loan. But] if it is a ready merchandise which you give and take among yourselves from hand to hand, then there is no sin on you in not writing it down, [although it is better to do so, therefore] have witnesses when you trade with one another.

(11) Let no harm be done to the scribe or the witnesses; and if you do [harm them], then surely it will be a transgression in you.

Fear Allah; and Allah teaches you and He knows all things. (2:282)

Although the verse begins with the issue of loan, its recommendations for a written agreement in all business deals is beyond any doubt.