这是两人或两人以上之间的一份合同,双方同意以某一名称共同经营贸易。所有合伙人都以其全部财产对公司债务承担连带责任,且责任不设上限。因此,未经其余合伙人同意,公司的任何合伙人不得将其在公司中的权利让予他人。公司因任何合伙人死亡、无行为能力、破产或精神失常而解散,除非存在阻止解散的约定。 该公司的成员对其对外承诺共同负责,履行公司的全部合同义务,且其责任不受限制。每位合伙人都有义务清偿公司的全部债务,不仅以公司财产为限,必要时还须以其个人财产清偿。公司财产耗尽后仍未清偿的公司债务,由其以个人财产支付。本公司不允许项目延期。该公司由彼此信任、相互了解的少数人组成。该公司所重视的主要因素是合伙人的个人品格,不仅在于其为人,还在于其在社会中的地位和影响力。

This is a contract between two persons or more, in which they agree to trade together under a certain name. All its members bind themselves towards the debts of the company with all their wealth, with joint liability, and without any limit. Therefore, no partner of the company can concede his rights in the company to another person without the permission of the remaining partners. The company is dissolved by the death of any of the partners or by his incompetence, bankruptcy or insanity, unless there is an agreement which prevents this. The members of this company are liable jointly towards its commitments to others by fulfilling all the contractual commitments of the company, and their responsibility in this matter is unlimited. Every partner is held accountable to discharge all the debts of the company, not only from the property of the company but if necessary from his own property. He has to pay from his property what is left unpaid of the debts of the company after its property runs out. This company does not allow extension of the project. The company is formed from a few people, who trust each other and know each other well. The main element considered in this company is the personality of the partners, not by being people only but with regard to their standing and influence in the society.

这种公司结构是无效的,因为其中规定的条件与伊斯兰教中公司的条件相违背。因为天启的律法(Hukm Shar’i)对合伙人不设任何条件,只要求他有处置权,并且公司应有扩展业务的选择权。如果合伙人同意通过增加资本或吸纳其他合伙人来扩大公司,那么他们可以自由地做他们想做的事。合伙人在公司中也不承担个人责任,只按其在公司中所占的份额承担责任。他还有权随时退出公司,无需其他合伙人的同意。此外,公司不会因任何合伙人的去世或其无能力而解散,相反,只有他个人的合伙关系解除,如果公司由两人以上组成,其他合伙人的合伙关系仍然有效。这些是伊斯兰教法的条件。前面所述的有限责任公司的条件与这些天启的条件不同,甚至相互矛盾,因此它是无效的公司,按照教法,与之合伙(或成为其合伙人)是不被允许的。

This company structure is invalid, because the stated conditions disagree with the conditions of companies in Islam. For the divine rule (Hukm Shar’i) places no condition upon the partner except that He is allowed to dispose, and the company should have the option of expanding its activities. If the partners agree to expand the company by either increasing their capital or by adding other partners to them, then they are free to do what they like. The partner is also not responsible, personally, in the company except in proportion to his share in it. He has the right also to leave the company at any time He likes without the need for the approval of the other partners. In addition, the company is not dissolved by the death of any of the partners, or due to his incompetence, rather his partnership alone is dissolved, while the partnership of the other partners remains if the company is formed of more than two persons. These are the Shari’ah conditions. The conditions of the joint liability company as stated earlier differ, and even contradict with these divine conditions, thus making it an invalid company and it is not permitted by Shar’a to associate with (or becoming a partner) in it.