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Using a Trust for Investment Without Owner’s Permission in Islam

Ruling on Investing an Entrusted Item Without the Owner’s Permission
Fatwa by the Saudi Permanent Committee for Islamic Rulings


◈ Investment of a Trust Without Owner’s Permission


When someone entrusts an item to you as a trust (Amānah), it is not permissible for you to invest, use, or transact with that item without the explicit permission of the owner.


✔ You are required to safeguard it just as one would normally protect such an item.
✔ If you used or invested it without permission, you must seek the owner's consent afterward.
✔ If the owner grants permission, then it is acceptable.
✔ If not, you must compensate the owner by:


  • Giving him the profit earned, or
  • Reaching a mutual settlement, such as sharing half of the profit or any other fair agreement.

⚠️ Any settlement is valid as long as it does not declare ḥarām as ḥalāl or ḥalāl as ḥarām, for reconciliation among Muslims is permitted within Sharīʿah boundaries.


🖋 Reference:

Ibn Bāz – Majmūʿ al-Fatāwā wa al-Maqālāt, Vol. 19, p. 412
 
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