In the name of Allah, the most Beneficent, the most Merciful. Mudarabah is a special kind of partnership where one partner providers the capital rabb-ul-maal to the other mudarib for investment in a commercial enterprise. The investment in musharakah comes from all the partners, while in mudarabah, investment is the sole responsibility of rabb-ul-maal. In musharakah, all the partners can participate in the management of the business and can work for it, while in mudarabah, the rabb-ul-maal has no right to participate in the management which is carried out by the mudarib only.
Musharakah - Introduction Musharakah or Musharaka is a word of Arabic origin which literally means sharing. In the context of business and trade it means a joint enterprise in which all the partners share the profit or loss of the joint venture.
It is an ideal alternative for the interest-based financing with far reaching effects on both production and distribution. In the modern capitalist economy, interest is the sole instrument indiscriminately used in financing of every type.
Since Islam has prohibited interest, this instrument cannot be used for providing funds of any kind. Therefore, musharakah can play a vital role in an economy based on Islamic principles. Combination of Musharakah and Mudarabah A contract of mudarabah normally presumes that the mudarib has not invested anything to the mudarabah.
He is responsible for the management only, while all the investment comes from rabb-ul-mal. But there may be situations where mudarib also wants to invest some of his money into the Principles of musharakah and mudarabah of mudarabah.
In such cases, musharakah and mudarabah are combined together. Management of Musharakah The normal principle of musharakah is that every partner has a right to take part in its management and to work for it.
However, the partners may agree upon a condition that the management shall be carried out by one of them, and no other partner shall work for the musharakah.
But in this case the sleeping partner shall be entitled to the profit only to the extent of his investment, and the ratio of profit allocated to him should not exceed the ratio of his investment, as discussed earlier.
According to this concept, a financier and his client participate either in the joint ownership of a property or an equipment, or in a joint commercial enterprise. The share of the financier is further divided into a number of units and it is understood that the client will purchase the units of the share of the financier one by one periodically, thus increasing his own share till all the units of the financier are purchased by him so as to make him the sole owner of the property, or the commercial enterprise, as the case may be.
Mudarabah — Distribution of Profit It is necessary for the validity of mudarabah that the parties agree, right at the beginning, on a definite proportion of the actual profit to which each one of them is entitled.
No particular proportion has been prescribed by the Shariah; rather, it has been left to their mutual consent. Musharakah - Distribution of Profit The proportion of profit to be distributed between the partners must be agreed upon at the time of effecting the Musharakah contract.
If no such proportion has been determined, the contract is not valid in Shariah. The ratio of profit for each partner must be determined in proportion to the actual profit accrued to the business, and not in proportion to the capital invested by him.
It is not allowed to fix a lump sum amount for any one of the partners, or any rate of profit tied up with his investment.
Shirkat-ul-Milk and Shirkat-ul-Aqd Musharakah is a term frequently referred to in the context of Islamic modes of financing.
For the purpose of clarity in the basic concepts, it will be pertinent at the outset to explain the meaning of each term, as distinguished from the other. Nature of Capital Most of the Muslim jurists are of the opinion that the capital invested by each partner must be in liquid form.
It means that the contract of musharakah can be based only on money, and not on commodities.
In other words, the share capital of a joint venture must be in monetary form.A Mudarabah arrangement differs from the Musharakah in the following major ways: T he investment in Musharakah comes from all the partners, while in Mudarabah; investment is the .
Towards An Application Of Musharakah Mutanaqisah Principle In Islamic Microfinance There are two methods in mudarabah and musharakah modes of financing which are direct, and indirect method.
Although they use different term, Dhumale and Scapcanin (). The Practices of Musharakah Mutanaqisah in Islamic Financial Institutions Historical development and roles of musharakah mutanaqisah in Islamic financial institutions’ activities: Mudarabah is a concept of having the fund from capital provider only.
Optional Practices and Operational Requirements of Musharakah Issued on: 20 December BNM/RH/CP Islamic Banking and Takaful Department Concept Paper - Shariah Requirements, Optional Practices and Operational Requirements of Musharakah Page 2/86 Guidelines on Musharakah and Mudarabah contracts for Islamic Banking Institutions.
BNM. (2) In musharakah, all the partners can participate in the management of the business and can work for it, while in mudarabah, the rabb-ul-mal has no right to participate in the management which is carried out by the mudarib only.
In musharakah, all the partners can participate in the management of the business and can work for it, while in mudarabah, the rabb-ul-maal has no right to participate in the management which is carried out by the mudarib only.