بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ
24 Jumada al-Ula 1448 AH
Fajr: 04:36 Dhuhr: 11:58 Asr: 15:12 Maghrib: 18:02 Isha: 19:11
☪
فَاسْأَلُوا أَهْلَ الذِّكْرِ
Islamic Fiqh & Jurisprudence

Navigating Ethical Dilemmas in Business: Islamic Ruling on Co-Founders, Marketing Practices, and Lawful Income

By: Reynand Wu • Oct 3, 2026 • 6 min read

In the modern digital economy, entrepreneurs often find themselves grappling with the intersection of business growth and personal ethics. This challenge is particularly acute for founders who adhere strictly to religious guidelines while operating alongside partners with different approaches to marketing and promotions. A recent inquiry addressed by prominent Islamic scholar Shaykh Irshaad Sedick sheds light on the complex boundaries of partnership, labor contributions, and revenue generation within the framework of Shafi‘i jurisprudence.

The situation centers on an online tuition company established by a group of friends. While the core service—educational tutoring—is entirely lawful, or halal, the venture’s marketing strategy has increasingly diverged from the moral standards of one of the co-founders. According to the concerned entrepreneur, promotional campaigns have increasingly utilized unveiled women, images of film actors, trending cinematic dialogue, and background music.

Despite raising these concerns on multiple occasions, the entrepreneur found that his partners acknowledged the issue without changing their course of action, with subsequent advertisements produced using the exact same methods. This placed the co-founder in a challenging professional and spiritual predicament. Having invested labor rather than capital—handling course development, system management, admissions, and marketing—he faced difficult questions regarding his continued association with the firm, his right to financial compensation, and the status of income derived from students attracted by the contested advertisements.

Addressing the query, Shaykh Irshaad Sedick commended the entrepreneur for his steadfastness and moral clarity, offering a comprehensive legal breakdown based on traditional Shafi‘i fiqh.

Your Share Is a Return for Lawful Work

A central aspect of the inquiry involved the nature of the co-founder’s investment. Because his contribution consisted entirely of labor rather than financial capital, he questioned whether this altered his legal and financial standing in the business.

According to Shaykh Irshaad Sedick, contributing work rather than money actually strengthens the entrepreneur’s position rather than weakening it. Within the Shafi‘i school of jurisprudence, a formal partnership—known as sharika—formed exclusively on labor without shared capital is technically invalid under strict traditional classifications. Consequently, what the co-founder receives from the company is legally classified not as a pure profit-sharing dividend from a capital partnership, but rather as direct compensation for the professional services he provides.

The scholar noted that core responsibilities such as course development, system management, student admissions, and lawful marketing constitute entirely permissible work. Earning wages or a contracted return for lawful labor is fully permissible. Therefore, the entrepreneur’s primary income remains clean and lawful, provided he draws a distinct line regarding the contested promotional material. The foundational principle applied here is that the actions of individuals within one specific department—such as marketing—do not render the entire commercial enterprise unlawful, especially when the core product, education, is inherently beneficial and permissible.

Refuse the Marketing, and Say So in Writing

The legal consensus within Islamic jurisprudence strictly prohibits assisting in actions deemed sinful. Jurists maintain that any commercial or personal dealing that directly facilitates a prohibited outcome is unlawful, particularly when an individual provides the means or platform for that outcome with full knowledge of how they will be used.

Applying this principle to the company’s advertising campaign, Shaykh Irshaad Sedick emphasized that producing the unlawful advertisements, formally approving them, or directing others to create them remains impermissible. However, as long as the co-founder actively avoids direct participation in these specific tasks, his involvement in the broader, lawful operations of the company remains untainted.

To solidify this boundary, the scholar advised the entrepreneur to formally document his objections. By putting his refusal to participate in or endorse the marketing strategy into writing as a clear term of his ongoing agreement with the other founders, he establishes a permanent record that protects his professional boundaries and prevents recurring disputes over the same ethical lines.

Your Responsibility and Its Extent

A recurring concern for professionals in ethically compromised partnerships is determining the limit of their personal accountability for the actions of others. The inquiring co-founder had already approached his partners repeatedly to voice his objections, prompting questions about whether he was obligated to do more or abandon the venture entirely.

Addressing this, Shaykh Irshaad Sedick explained that having advised his partners multiple times, the entrepreneur has fully discharged his personal responsibility. Citing classical scholarship, including the commentary of Imam Nawawi on Sahih Muslim, the scholar noted that an individual is religiously required to offer sincere advice and warnings, but is not held accountable for whether others choose to accept or ignore that guidance. This duty to advise persists even if one anticipates that the warning will be disregarded.

The guidance clarifies that the co-founder is expected to continue objecting with wisdom whenever new objectionable advertisements emerge. Beyond that ongoing advisory role, however, an individual is only held accountable for his or her own personal actions.

Furthermore, the entrepreneur is under no absolute obligation to resign from the company. Because the core business model is lawful, classical Shafi‘i jurists classify partnerships containing minor infractions by individual partners as disliked (makruh) rather than strictly forbidden (haram). Resignation is only mandatory if the founder is forcibly coerced into participating in the objectionable marketing or if his professional reputation and name are co-opted to endorse prohibited activities. While staying is permissible, the scholar noted that securing a similar professional opportunity free from such ethical friction would naturally be a preferable alternative.

Fees from Those Students Are Lawful

One of the most delicate financial questions raised concerned the legitimacy of revenue generated from students who enrolled in the tutoring program specifically because they encountered the controversial advertisements.

Offering reassurance on this front, Shaykh Irshaad Sedick explained that a student who views an advertisement, enrolls in the tuition program, pays the required fees, and successfully receives educational instruction has entered into a valid, bilateral contract for a lawful service. Consequently, the tuition fee paid under that contract remains clean and permissible.

The legal ruling governing the advertisement is treated as something external and separate from the educational contract itself. The scholar drew an analogy from classical legal precedent, noting that Imam al-Shafi‘i famously addressed a comparable scenario regarding the sale of grapes to a commercial wine producer, stating that while he disliked the transaction, he would not annul the underlying sale. If a foundational commercial sale remains valid under such conditions, the provision of educational tutoring to a student who happened to view a promotional video stands on even firmer legal ground.

The guidance concludes by encouraging the entrepreneur to maintain his focus on lawful tasks, keep a clear record of his professional boundaries and objections, and continue advocating for ethical practices within his sphere of influence.

☪
Author / Editorial Team:

Reynand Wu