Going into Business with a Non-Muslim Fatwa No: 84460
- Fatwa Date:8-7-2002
Is it possible to open a new business store with a non-Muslim?
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
It is preferable for the Muslim to choose for himself a Muslim partner who is just and honest as to have their commerce blessed by Allah and to get good profit by Allah's will.
Abu Dawood and al-Hakim reported that Abu Hurayrah, may Allah be pleased with him, narrated that the Prophet said: “Allah Says: I am the third partner of any two partners as long as neither of them betrays the other. But if one of them betrays the other I get out of them."
Ash-Shawkani said: 'What is meant in this Hadeeth is that Allah, The Almighty, puts blessing on the property of the two partners as long as they have not betrayed one another. He provides them with His Care and Help and He Assumes the protection of their common property.'
But when one of them betrays the other, Allah takes out the Blessing.
The disbeliever and the dissolute cannot be trusted particularly in financial matters. This is why Allah Says (what means): {And indeed, many associates oppress one another, except for those who believe and do righteous deeds - and few are they."} [Quran 38:24]
For this reason the scholars of Islam dislike having a partnership with a non-Muslim or anybody else who does not avoid dealing in what is forbidden even if he is a Muslim.
Shaykh Zakariyyah al-Ansaari said: “But it is dislikable to do a partnership with a non-Muslim or anybody who does not avoid dealing in Riba or other forbidden matters.”
Al-Azru'i said: “This rule is true when somebody is doing a partnership himself. But if the partnership he does in on behalf of a legally incompetent person, like a child or an insane person, then this partnership must be with a just and honest person who can take charge of the money of such a person.”
Al-Bahooti adds: “It is dislikable to deal with a person whose money includes some lawful and some unknown and unlawful earnings as it is dislikable to accept such a person's invitation, or to consume his gift, or alms, or the like.”
The degree of dislikeability becomes stronger or weaker depending on the percentage of the forbidden amount in this person's belongings. The Prophet said: “So whoever saves himself from these doubtful matters, saves his religion and his honor.”
It is dislikable, also, to deal with the Magian and the Atheists and anybody who does not worship Allah even if the Muslim is the one who has the power of disposal.
Ahmad says about the Magian: “I do not like having a partnership nor association with him, since the Magian regards as lawful what the Muslim regards as forbidden.
Allah knows best.