Partnership: Acting Contrary to the Partnership Contract
Practical Laws of Islam as per the teachings of Ayatullah Sistani
Ruling 2162
If the partner who conducts transactions with the partnership capital buys and sells in a manner that is contrary to the contract made with him, or if no contract was made with him and he conducts transactions in a manner that is not normal, then in these two cases, even though the transaction is valid based on a stronger opinion (aqwā),[1] if the transaction is detrimental to the partnership or part of the partnership’s property perishes, the partner who acted contrary to the contract or acted in a manner that was not normal is responsible (ḍāmin).
-Ayatullah Sistani, Practical Laws of Islam, Buying and Selling
1
For practical purposes, where an opinion is stated to be ‘stronger’, a fatwa is being given.