Comparative Study of the Theory of the Necessity of Converting Non-Monetary Profit of Commenda (Mudharibah) into Common Currency in Islamic Jurisprudence

One of the deals and contracts which are prevalent in the society today is Commenda (Mudharibah). Commenda is a contract, in which a person with the title of the owner issues a payment to another who is called the agent, to do business with it and to divide the profits in proportion to the agreed shares. Among the issues in Commenda is that in cases of profit, if the profits are not cash, but goods, then does the owner have the right to ask the agent to sell the goods and give money instead of goods? If the owner is entitled the right to this claim, is the agent obliged to sell all of goods, or is he only responsible for the amount of initial capital? The other question is that is it necessary for the owner of the stake to accept the request to convert the goods into money in order to achieve the desired goals, especially in the case of non-degraded Commenda? Therefore, all of these questions are equally questionable in cases of non-ordering of profit on Commenda. In this regard, the present article seeks to analyze the necessity or non-necessity of converting the non-monetary profit of the Commenda into the current currency and the issues related to this issue by analyzing the views of Shiite and Sunni jurisprudents in this regard.