Written by: Imran Ayub Lahori
Linguistic meaning:
The word Shirkah comes from شَرِكَ يَشْرَكُ (pattern of samiʿa), meaning “to be a partner.”
Other forms: أشرك – to make a partner; شارك – to share mutually.
[al-Munjid: pp. 523–524]
Sharʿī definition:
The joining of two or more persons in a right or disposal.
[al-Mughnī, 1/5; al-Fiqh al-Islāmī wa Adillatuh, 5/3875]
Partnership is proven from the Qurʾān and Sunnah:
① ﴿فَهُمْ شُرَكَاءُ فِي الثُّلُثِ﴾
“…they shall share equally in the one-third.” [al-Nisāʾ: 12]
② ﴿وَإِنَّ كَثِيرًا مِّنَ الْخُلَطَاءِ لَيَبْغِي بَعْضُهُمْ عَلَىٰ بَعْضٍ﴾
“And indeed, many partners oppress one another…” [Ṣād: 24]
③ The Prophet ﷺ said:
المسلمون شركاء فى ثلاثة: فى الماء والكلأ والنار
“Muslims are partners in three things: water, pasture, and fire.”
[Ṣaḥīḥ: Irwāʾ al-Ghalīl, 6/8; Abū Dāwūd 3477; Aḥmad 5/364]
Meaning: When these resources exceed personal needs, it is not permissible to prevent others from benefiting in times of need.
① لا يمنع الماء والنار والكلأ – “Do not withhold water, fire, and pasture.” [Ibn Mājah 2473]
② لا تمنعوا فضل الماء – “Do not withhold excess water.” [Bukhārī 2354]
If there is a dispute among water sharers, the one upstream has more right; he may keep water until it reaches ankle depth, then release it to the next.
Abū Hurayrah رضي الله عنه narrated that the Prophet ﷺ said:
لا تمنعوا فضل الماء لتمنعوا به الكلأ
“Do not withhold excess water in order to prevent pasture.”
[Bukhārī 3354; Muslim 1566]
Example: A man stops animals from drinking at a water source near his grass to prevent them from grazing—this is prohibited.
Meaning: Only Allah, His Messenger ﷺ, and the Muslim ruler (as the Prophet’s successor) may reserve public grazing land for communal benefit (e.g., livestock of the Bayt al-Māl).
Monetary and trade partnerships are permissible, and profits are distributed as mutually agreed.
① Sāʾib ibn Abī Sāʾib رضي الله عنه said to the Prophet ﷺ on the day of Makkah’s conquest: “In Jāhiliyyah, you were my best partner—neither cheating nor quarrelling.” [Ṣaḥīḥ Ibn Mājah 1853]
② Zayd ibn Arqam رضي الله عنه and al-Barāʾ ibn ʿĀzib رضي الله عنه partnered in buying silver. [Bukhārī 2497–2498; Muslim 1589]
③ Ḥadīth Qudsī: “I am the third partner between two as long as one does not betray the other.” [Weak: Abū Dāwūd 3383]
◈ Definition of Shirkah (Partnership)
Linguistic meaning:
The word Shirkah comes from شَرِكَ يَشْرَكُ (pattern of samiʿa), meaning “to be a partner.”
Other forms: أشرك – to make a partner; شارك – to share mutually.
[al-Munjid: pp. 523–524]
Sharʿī definition:
The joining of two or more persons in a right or disposal.
[al-Mughnī, 1/5; al-Fiqh al-Islāmī wa Adillatuh, 5/3875]
◈ Legitimacy of Partnership
Partnership is proven from the Qurʾān and Sunnah:
① ﴿فَهُمْ شُرَكَاءُ فِي الثُّلُثِ﴾
“…they shall share equally in the one-third.” [al-Nisāʾ: 12]
② ﴿وَإِنَّ كَثِيرًا مِّنَ الْخُلَطَاءِ لَيَبْغِي بَعْضُهُمْ عَلَىٰ بَعْضٍ﴾
“And indeed, many partners oppress one another…” [Ṣād: 24]
③ The Prophet ﷺ said:
المسلمون شركاء فى ثلاثة: فى الماء والكلأ والنار
“Muslims are partners in three things: water, pasture, and fire.”
[Ṣaḥīḥ: Irwāʾ al-Ghalīl, 6/8; Abū Dāwūd 3477; Aḥmad 5/364]
Meaning: When these resources exceed personal needs, it is not permissible to prevent others from benefiting in times of need.
◈ No Prevention of Excess Water, Fire, or Pasture
① لا يمنع الماء والنار والكلأ – “Do not withhold water, fire, and pasture.” [Ibn Mājah 2473]
② لا تمنعوا فضل الماء – “Do not withhold excess water.” [Bukhārī 2354]
◈ Rules for Shared Water Usage
If there is a dispute among water sharers, the one upstream has more right; he may keep water until it reaches ankle depth, then release it to the next.
- ʿUbādah رضي الله عنه narrated this ruling of the Prophet ﷺ. [Ṣaḥīḥ Ibn Mājah 2014]
- In the case of al-Zubayr رضي الله عنه and an Anṣārī, the Prophet ﷺ ruled: “O Zubayr! Irrigate first, then release water to your neighbor.” [Bukhārī 2360; Muslim 2357]
◈ Prohibition of Withholding Excess Water to Block Pasture
Abū Hurayrah رضي الله عنه narrated that the Prophet ﷺ said:
لا تمنعوا فضل الماء لتمنعوا به الكلأ
“Do not withhold excess water in order to prevent pasture.”
[Bukhārī 3354; Muslim 1566]
Example: A man stops animals from drinking at a water source near his grass to prevent them from grazing—this is prohibited.
◈ The Ruler’s Right to Reserve Pasture
- Ibn ʿAbbās رضي الله عنه narrated: The Prophet ﷺ designated al-Naqīʿ as a reserved pasture, and ʿUmar رضي الله عنه reserved al-Saraf and al-Rabadhah. [Bukhārī 2370]
- Ibn ʿUmar رضي الله عنهما narrated: The Prophet ﷺ reserved al-Naqīʿ for the horses of the Muslims. [Aḥmad 6438 – ḥasan]
Meaning: Only Allah, His Messenger ﷺ, and the Muslim ruler (as the Prophet’s successor) may reserve public grazing land for communal benefit (e.g., livestock of the Bayt al-Māl).
◈ Monetary and Trade Partnerships
Monetary and trade partnerships are permissible, and profits are distributed as mutually agreed.
① Sāʾib ibn Abī Sāʾib رضي الله عنه said to the Prophet ﷺ on the day of Makkah’s conquest: “In Jāhiliyyah, you were my best partner—neither cheating nor quarrelling.” [Ṣaḥīḥ Ibn Mājah 1853]
② Zayd ibn Arqam رضي الله عنه and al-Barāʾ ibn ʿĀzib رضي الله عنه partnered in buying silver. [Bukhārī 2497–2498; Muslim 1589]
③ Ḥadīth Qudsī: “I am the third partner between two as long as one does not betray the other.” [Weak: Abū Dāwūd 3383]
