3. Musharakah
Musharakah is a form of partnership (Shirkat)
There are two types of Shirkah:
1. Shirkat-ul-Milk
Joint ownership of two or more persons in a
particular property
2.
Shirkat-ul-Aqd
A partnership affected by mutual contract. It can
also be translated as a joint commercial
enterprise
4. Diminishing Musharakah
• In Diminishing Musharakah the financier and the
client participate either in joint ownership of
– a property or an equipment, or in a joint
commercial enterprise
• The share of the financier will be divided into a
number of units
• The client will purchase these units one by one
periodically until he is the sole owner of the
property
5. Diminishing Musharakah
Three components of Diminishing Musharaka
Joint ownership of the Bank and customer
Customer as a lessee uses the share of the
bank
Redemption of the share of the Bank by the
customer
6. Diminishing Musharakah
Mode of Fixed Asset Financing
Diminishing Musharakah is commonly used for the
purpose of financing of fixed assets by various
Islamic banks.
House financing
Car Financing
Plant and machinery financing
All other fixed Assets
8. BANK
Joint
Ownership
Rent
CUSTOMER
Mushara
ka
The customer approaches the Bank with the
request for Project/Machinery/House financing
The Bank enters into a Musharakah (Joint
Ownership) agreement with the customer and
both of them pay their respective shares to the
seller of the asset.
Customer promises to purchase Bank’s share
(units) over the tenure of transaction with the help
of Undertaking to Purchase
9. BANK
Joint
Ownership
Gradual Transfer of Ownership
CUSTOMER
Mushara
ka
Customer promises to purchase Bank’s share
(units) over the tenure of transaction with the
help of Undertaking to Purchase
Customer pays rent for the use of banks share
in the property
Customer purchases the units every month via a
separate offer & acceptance every month and
will eventually become the owner of the
property.
10. BANK
Joint
Ownership
Gradual Transfer of Ownership
CUSTOMER
Mushara
ka
Ownership of the asset is gradually transferred
to the customer upon payment of asset price.
(with the help of a Sale transaction between
bank & customer at the end of each period)
12. Shariah Principles
• To create joint ownership in property is called
Shirkat-ul-Milk and is expressly allowed by all schools
of Islamic Jurisprudence.
• All Muslim Jurists agree on the permissibility of the
Financier leasing his share in property to client and
charging him rent i.e. the permissibility of leasing
one’s share to his partner.
• There is difference of opinion among leasing one’s
share to a third part But there is no difference on
permissibility on leasing to a partner.
13. Shariah Principles
• Promise of client to purchase units of share of
financier is also allowed.
• The Transactions cannot be combined in a single
arrangements and they have to be executed
independently.
• This is because it is a well settled rule of Islamic
Jurisprudence that one transaction cannot be made a
condition for another.
• Instead of making the transactions a pre-condition
for one another there can be one-sided promises from
one party to another
15. DM - Illustration
1. Customer request financing for a fixed Asset
costing Rs. 300 million.
2. Islamic Bank agrees to provide financing up to
90% of the cost.
3. Joint Ownership Agreement is executed between
the bank and the Customer.
4. Bank will purchase 90% share in the asset by
paying Rs. 270 million to supplier.
5. Customers pays its share of Rs. 30 million.
16. DM - Illustration
6. Bank’s share is divided into five units.
7. Customer agrees to buyout Bank’s share (units) on
yearly basis and the Undertaking is executed by
the customer.
8. Customer pays the rent for the usage of the
Bank’s units .
9. Rental reduces after purchase of each unit by the
customer.
10.After five years ownership of the asset is
completely transferred to the customer.
19. 2. Bank & client enter into a
Musharakah agreement
Value of House:
Rs.10,000,000
Shirakat-ulmilk
10%
ownership
is of
Customer
90% ownership
is of Bank
19
20. 3. Bank & client enter into an Ijarah
agreement
Bank rented his part to the
client and now client can use
the whole house
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21. Bank divides its own part of
asset into units, which is
promised by the client to
be purchased on preagreed price.
21
22. Payment Calculation
Value of House (Rs.)
Rs.10,000,000
Tenure in years
10
(Quarterly payment)
Total Payments
Investment by client
40 Parts
Rs. 1,000,000
Total Units
100
Client’s Share
10
Bank’s Share
<--- [4*10]
90
Contd…….
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23. Units to be purchased in each quarter
(No. of payment / Bank’s Share) i.e.
40/90
2.25 units
Unit Price = value of house / total units Rs. 100,000
i.e. 10,000,000/100
Value of units of each quarter
2.25 * 100,000
Rs. 225,000
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24. Kibor +spread = 14.70%
Shirkah
Profit (Rs.)
value of
total
outstanding
Opening (Rs.) = (Op.*rate)
units per Q Installment
capital
*(1/4)
closing
Installment
Date
0
01/01/08
9,000,000
0
0
0
9000000
1
31/03/08
9,000,000
33,0750
225,000
555,750
8775000
2
30/06/08
8,775,000
326,868.75 225,000
551,868.75 8550000
3
30/09/08
8,550,000
318,487.5
225,000
543,487.5
8325000
4
31/12/08
8,325,000
312,187.5
225,000
537,187.5
8100000
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25. Practice Problem
• Mr. A is a non Muslim client of an Islamic bank
entered into a DM contract of 20 years. For the
purchase of a factory building with equipment's.
The worth of the factory is about 100 M and the
rent of the factory is about 0.5M per
month(rental payments will be made once an
year). The Client will purchase 20% shares
initially at the time of the contract and rest of
the share will be purchased on Annual basis.
• Required: Calculate the payments Mr. A will
made to IB each of the 20 Years.
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