12.7 Rushe Kamfani
12.7 Dissolving the Company
Kwangilar kamfani kwangila ce daga cikin kwangiloli da Shari'a ta halatta. Tana ƙarewa idan wani abokin hulɗa ya mutu, ko ya zama mahaukaci, ko kuma an yanke hukuncin cewa ba shi da cikakken iko kuma an sanya shi ƙarƙashin waliyyi, idan kamfanin ya ƙunshi mutum biyu. Rushe kamfanin daga ɗaya daga cikin abokan hulɗa biyu yana da inganci, domin kwangila ce halal, kuma ana soke ta ta hanyar da ake soke wakilci (Al-Wikala). Idan ɗaya daga cikin abokan hulɗa ya mutu ya bar magaji balagagge, to yana da zaɓi na ci gaba da kamfanin, kuma abokin hulɗarsa dole ne ya ba shi izinin yin tasarruf a cikin kamfanin. Duk da haka, yana kuma da zaɓin neman a rushe kamfanin. Idan ɗaya daga cikin abokan hulɗa ya nemi a rushe kamfanin, to wajibi ne abokin hulɗarsa ya amince da buƙatarsa. Idan abokan hulɗa sun fi biyu, kuma ɗayansu ya nemi a rushe kamfanin, sauran kuma suka yarda su ci gaba da kamfanin, to za a rushe kamfanin da ke akwai, a kuma sake kafa shi tsakanin sauran abokan hulɗa. Sai dai akwai bambanci tsakanin kamfanin Mudaraba da sauran nau'ikan kamfanoni dangane da rushewa. A kamfanin Mudaraba, idan ma'aikacin ya nemi a sayar da kamfanin, mudarib kuma ya nemi raba, to za a karɓi buƙatar ma'aikacin, domin haƙƙinsa yana cikin riba, wanda ba zai sanu ba sai an sayar. Amma a sauran nau'ikan kamfani, idan ɗaya daga cikin abokan hulɗa ya nemi raba, ɗayan kuma ya nemi sayarwa, to ana karɓar buƙatar raba maimakon ta sayarwa.
The company contract is one of the contracts which is allowed by Shar’a. It becomes void by the death of any partner or his becoming insane or if He was declared incompetent and put under guardianship, if it is a company consisting of two persons. Dissolution of the company by one of the two partners is valid because it is a permissible contract, which is annulled in the same way as deputation (Al-Wikala). If one of the partners dies leaving behind a mature inheritor, He has the option to continue with the company and his partner has to permit Him to dispose (Tassaruf) in the company. However, He also has the option to demand dissolution of the company. If one of the partners demands dissolution of the company then the other partner must accept his request. If they were more than two partners, and one of them demanded the dissolution of the company and the rest were happy to continue with the company, then the existing company would be dissolved and renewed between the remaining partners. However, there is a difference between the Mudharaba company and the other types of companies regarding the dissolution. In the Mudharaba company, if the worker demanded the sale of the company and the Mudharib demanded division, then the demand of the worker will be accepted because his right is in the profit which will not be known except when selling. However, in the other types of company, if one partner demanded division and the other demanded sale of the company, the demand of division is accepted rather than that of sale.