This document discusses various Islamic modes of financing including musharakah, mudaraba, murabaha, ijara, salam, and istisna. Musharakah involves a joint partnership where profits and losses are shared based on capital contribution. Mudaraba is an arrangement where one party provides the capital and another party manages the business, with profits shared according to a predetermined ratio. The document outlines the step-by-step process for murabaha financing and provides rules for ijara leases. It also discusses the conditions for salam contracts and validity of istisna'a agreements, concluding with key terms and conditions for these types of financing structures.
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.
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.
An authentic and comprehensive presentation on Musharaka - the Islamic Finance instrument. The presentation covers the classic fiqh aspects of Shirqat and also Musharaka as we know it in Islamic banking parlance today.
It is well known that interest-based banks accept deposits of different maturities, paying different rates of interest on different kinds of deposits. Islamic banks do not pay interest on deposits. How Islamic banks operate different kinds of deposits
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16. Mushaarakah
• “Mushaarakah” literally means sharing
• It is derived from “shirkah” which means
“being a partner”
• Joint enterprise formed for conducting
business
• Profit & loss
17. Rules of Mushaarakah
• Assets of Mushaarakah are jointly
owned in proportion to the capital of
each partner.
• loss [by general consensus] is always
subject to the ratio of investment.
18. Cont‟d
Ratio of profit:
Must be equal to ratio of investment - Imam
Malik & Imam Shaafi„ee
Does not have to be equal – Imam Ahmad
May differ, except that a sleeping partner
cannot share the profit more than the
percentage of his capital – Imam Abu Hanifah
19. Management of Mushaarakah
• Each partner has a right to take part in
Mushaarakah management.
• The partners may appoint a managing
partner by mutual consent.
• One or more of the partners may decide not
to work for the Mushaarakah and work as a
sleeping partner.
20. Cont‟d
• If one or more partners choose to become
nonworking or sleeping partners, the ratio
of their profit cannot exceed the ratio of
their capital investment.
• Any partner can liquidate his shares and
leave the partnership according to the
contract or by mutual consent of other
Partners.
22. Cont‟d
• Mudarib who runs the business can be
a natural person, a group of persons, or
a legal entity and a corporate body.
• Rabbulmal (Investor) shall provide his
investment in money or species
23. Cont‟d
• Conduct of business shall be carried out
exclusively by the Mudarib within the
framework of mandate given in the
Mudaraba agreement
• The profit shall be divided in strict
proportion agreed at the time of contract
24. Cont‟d
• Financial losses of the Mudaraba shall be
borne solely by the Rabbulmal, unless it is
proved that the Mudarib has been guilty
• The loss, if any, shall be shared in
proportion to the capital of the parties.
25. Cont‟d
• The liability of Rabbulmal is limited to his
investment unless otherwise specified in the
Mudaraba contract
• Mudaraba may be of various types
• The Mudarib can invest his funds in the
business of the Mudaraba with the
permission of Rabbulmal