12.7 解散公司
12.7 Dissolving the Company
公司合同是伊斯兰教法允许的合同之一。若公司由两人组成,则任何一位合伙人死亡、精神失常,或被宣告无行为能力并置于监护之下,合同即告无效。两人公司中,一方解散公司是有效的,因为这是允许的合同,其废止方式与代理(Al-Wikala)相同。若一位合伙人去世,留下成年继承人,该继承人可以选择继续经营公司,其合伙人须允许他在公司中处置事务(Tassaruf)。然而,他也可以要求解散公司。若一位合伙人要求解散公司,另一位合伙人必须接受其请求。若合伙人超过两人,其中一人要求解散公司,而其余人愿意继续经营,则现存的公司将被解散,并在其余合伙人之间重新组建。 不过,穆达拉巴(Mudharaba)公司与其他类型的公司在解散方面存在差异。在穆达拉巴公司中,若出资人(Rabb al-Mal)要求出售公司,而经营人(Mudharib)要求分割,则采纳出资人的要求,因为他的权利在于利润,而利润只有在出售之后才能确知。但在其他类型的公司中,若一位合伙人要求分割,另一位要求出售公司,则采纳分割的要求,而不采纳出售的要求。
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.