Partnership Dispute

Question

A person decides to buy something and he does not want to buy it alone. He makes a general announcement that whoever wishes to join in the purchase may do so. Two or three people join  in the purchase of the item. Thereafter, due to some disagreement, the two who joined in the purchase stopped using the item because the initial buyer prevented them from using it.

1. Do they still have ownership in the item?
2. Can they demand their money?
3. If it correct that the initial buyer prevent them from using the item? 

Answer

1. The people who collectively purchased the item will be entitled to their share in it, as this scenario is an example of Shirkat-E-Amlaak. Merely not using the item will not disqualify their ownership.

2. They may not demand their money back. If they do, they would be forcing him to buy their shares in the item, whereas the consent of all parties is a condition for this transaction to be correct. “Person A” may either allow the others to benefit from the item, or he should buy their shares with full consent and approval of everyone involved.

3. It is not correct for him to stop the others from using the item. If he does stop them, he will be regarded as a Ghaasib. Just as he has a right in the item, so too do the others, who collectively purchased it with him.

Checked and Approved By:

Mufti Muhammed Saeed Motara Saheb D.B.

References

تبيين الحقائق ج٣ ص٣١٣ المكتبة الامدادية
الدر المختار مع رد المحتار ج٤ ص٣٠٠ سعيد
شرح مجلة الاحكام لعلي حيدردار الكتب العلمية ج١٠ ص٢٠ مادة ١٠٧٢
(الجوهرة النيرة المكتبة الامدادية ج1 ص٢٢٥)
(رد المحتار سعيد ج4 ص٥٠٥)
(البحر الرائق المكتبة الماجدية ج5 ص٢٦١)

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