I have a company that develops computer programs for private clients, and recently the company offers only one program, in exchange for a monthly subscription that customers pay, and I developed it with the money of my partner, he is with money, and I am with effort and management, and because my percentage from the beginning was unfair, I want to dissolve the partnership, and I will return the principal The money is with the earnings for the partner, but I want to continue working with the program and its clients, which I developed with the partner’s money. Is it permissible for me to continue this work after the partnership is dissolved? And if you want that, what is the solution?
The company is a permissible contract that is not binding upon the public, so it may be dissolved without the consent of the other party, unless it is temporary with a period, in which case it is necessary to continue with it until the end of the period.
In the event that the aforementioned company is dissolved, the owner of the capital returns his money to him, and whatever is added to that in terms of equipment, software, register, or trade name, if any, then it is evaluated and sold to a foreigner – and this is what is called true purification, i.e. converting the goods into cash – or it is evaluated and sold for one of you, and divide its price according to the agreed percentage; Neither of you has priority over the other in continuing to work on the program.
If you do not sell the program to a foreigner, then it is necessary to evaluate it – and this is the judgmental preparation – then one of you buys it by mutual consent.
It says in Shari’ah Standards, p. 199: “The company ends with the expiry of its term, or before that with the agreement of the partners, or with the actual purification of the assets in the event of participation in a specific transaction, just as the company ends with the legal purification, and it is considered as if the existing company had ended and a new company had begun, since The assets that were not sold by real planning, and were evaluated by legal planning, their value is the capital of the new company, and if the liquidation takes place at the end of the period, then the rest of the existing goods are sold at the price available in the market, and the proceeds of the company’s liquidation are used as follows:
(a) … to pay the liquidation costs.
(b) … performing financial obligations out of the company’s total assets.
(c) … dividing the rest of the assets among the partners according to the share of each of them in the capital, and if the assets are not sufficient to recover the capital, then they should be divided among them proportionately (division by rivals).” End.
The lottery is legitimate when jostling for rights.
Al-Saadi, may God have mercy on him, said:
The lottery is used when the vague **** of rights or when crowding
And on that; This program that you developed with the company’s money belongs to you both, so you own that program, its intellectual property rights, and the ownership of everything that pertains to the company, then you buy it or sell it, according to the previous detail.