If the financier invests 60% and the client is bound from day one to buy every future unit at its original value, the financier's principal is effectively protected even if the business value falls. That conflicts with the partnership rule that capital is exposed to genuine business loss.
The important point is certainty at the time of contract. Different options may be discussed beforehand, but once the sale is concluded one definite price must govern the transaction.
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Diminishing Partnership (المشاركة المتناقصة) in Services and Trade
If the financier invests 60% and the client is bound from day one to buy every future unit at its original value, the financier's principal is effectively protected even if the business value falls. That conflicts with the partnership rule that capital is exposed to genuine business loss.
The important point is certainty at the time of contract. Different options may be discussed beforehand, but once the sale is concluded one definite price must govern the transaction.