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What are the legal and jurisprudential foundations for rejecting claims for profits in Mudarabah contracts?

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Claims for profits in Mudarabah contracts are rejected based on the jurisprudential principle that the default state regarding profit is its non-existence (عدم), and it is not awarded unless there is evidence proving its emergence and realization. It is also based on the jurisprudential rule that profit is not realized...

Claims for profits in Mudarabah contracts are rejected based on the jurisprudential principle that the default state regarding profit is its non-existence (عدم), and it is not awarded unless there is evidence proving its emergence and realization. It is also based on the jurisprudential rule that profit is not realized until the capital is fully recovered (استيفاء رأس المال بتمامه), and any amounts received before that are considered part of the capital.
Source: Radiif.com (رديف) · Saudi Legal AI Platform

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مبدأ قضائي - Article مبدأ

القاعدة الشرعية: البينة على المدعي

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