Partners differing about dividing the shares of the company
17-11-2005 | IslamWeb
Question:
Please send me your e-mail address. I hope you will find a way to please help a Muslim Lebanese family like ours who has fallen down ever since the war started in Beirut Lebanon. I am a retired mechanical engineer over 77 years-old who lately was stricken by a malignant sickness and must at any cost find a solution to keep my family going after my disappearance. I have a lot of properties in centre of Beirut, and in Fakra Mountains of Lebanon. But only a third of it in Beirut and 2/3 in Fakra Mountains considering we were 3 brothers working together, the eldest died some years ago. Only two of us are left. I am trying to sell out what I can, leaving no problems to our children after we disappear. Having had many propositions to sell part, my brother always find an excuse to evade the issue, therefore I have definitely decided to sell my shares which have been evaluated by the expert of the central bank of Lebanon, as well as others appointed experts by the various governments at over three and a half million US dollars. My share will be the third of that amount. But I am ready to accept a new evaluation, and I am ready to make some concessions under the prevailing health situation. I hope my proposition will appeal to your organization in order to help a very seriously hit old Muslim family, by getting back to us for any further details, you might need. With my best wishes and high respect, yours truly.
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
Since you want to take your share from the wealth of this company, your brother and other partners if any are obliged to accept your request. If your brother refuses the division, then you should first try to convince him with good and soft words then you may seek the help of some pious and righteous people who may influence him; it might be that he would accept to divide the shares of the company. If he does so, your objective is achieved and the good relation between you and him will be preserved.
However, if your brother insists on refusing, you may take the matter to an Islamic court so that it will study the matter and remove the harm from you as both parties are bound by the order of the judge.
Nonetheless, we do not understand what you mean by 'I want to sell what I can', if you mean selling your pre-emption in estate, and then the buyer divides the shares of the rest of the partners then this is permissible, However, if you mean selling a specific share before the division, then you are not permitted to do so unless the other partners gives you the permission to do so.
Allaah Knows best.