Is the Mudarib liable for the capital in a Mudarabah contract if they collect and operate funds without obtaining the necessary regulatory licenses?
Legal Answer
Radiif AI Legal Assistant
⚡ Quick Answer:
Yes, the Mudarib's act of collecting and operating funds without obtaining the necessary regulatory licenses constitutes 'tafrit' (negligence/dereliction of duty), which obligates them to guarantee the capital. This is because the Mudarib's hand is a 'yad al-amanah' (hand of trust), and they are not liable except in cases of 'ta'addi'...
Legal References & Citations
القاعدة الفقهية: يد المضارب يد أمانة لا تضمن ما لم يتعدّ أو يفرّط فإن تعدّى أو فرَّط ضمن
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