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Al Mudharabah
(Profit Sharing Partnership)
Members :
Nor Siti Atikah bt Abdul Razak
Nor Rukhila bt Rosli
Nurul Ashikin bt Mohammad Sohaimi
Siti Nabilah bt Hashim
Ummu Shahirah bt Mohd Azhar
Definition
• Literally:
• Derived from the phrase “dharaba fi al-ard” which means to make a journey and it is called this
because the agent (entrepreneur) gets profit by virtue of his hard work and efforts in
performing long journeys.
• Technically:
• A contract or a partnership where one provides the capital and the other the entrepreneurship
with the profit being shared among them with a predetermined condition
• Partnership in profit whereby one party (rabb al-mal) provides capital and the other party
(mudharib) provides labor.
Characteristic of Mudharabah
Legal Evidence
Al Quran :
i. “… and others who travel in the land seeking of the bounty of Allah” ( Al-Quran,
Al- Muzammil : 20)
ii. “… but when the prayer is ended, they disperse abroad in the land and seek
Allah’s grace “ (Al-Quran, Al-Jumu’ah : 10)
iii. “… there is no blame on you in seeking bounty from your Lord.. “ ( Al-Quran, Al-
Baqarah : 198)
• Although this verses do not directly address the legality of mudharabah, they have
been interpreted to include those who travel for the purpose of trading and
seeking permissible income.
Legal Evidence
Hadith:
• Reported By Hakim Bin Hizam that he had stipulated to a man that if he gave
him certain asset to be utilized for Muqaradah (Mudharabah, Qiradh) , he must
not use it to purchase livestock, or carries it (travel) through the sea, or drop by
at the oasis, if the man committed any of the above, he is considered to be the
guarantor of my property
Pillars of MudharabahPillars of Mudharabah
Conditions of MudharabahConditions of Mudharabah
1.1. Conditions of SighahConditions of Sighah
• It is constitute of offer and acceptance.
• For example, A who has money says to B, “Take this money as
mudharabah, and what God gives in profit will be divided
between us…” (And he specifies a certain profit sharing ratio).
• Can be done verbally, in writing or through any means of
communication that is acceptable by both contracting parties.
2.2. Conditions of Contracting PartiesConditions of Contracting Parties
• Involve
i. capital provider (rabbul mal)
ii. the entrepreneur (mudharib)
• Must be qualified persons under the law to enter the contract
of mudharabah.
• Eg: sound mind.
3.3. Conditions related to Subject MatterConditions related to Subject Matter
a)a) Conditions of WorkConditions of Work
• The work or business venture under Mudharabah must be
conducted solely by the entrepreneur (mudharib). It is not legal if
the capital provider (rabbul mal) was also required to conduct
the daily operation.
• The project must be legal and permissible (halal).
• All the expenses will be taken from the capital provided that is
not more than the justified expenses required in the venture.
b)b) Conditions of CapitalConditions of Capital
1. Must be in the form of money and not commodities since
commodities fluctuate in price and cause uncertainty and
ignorance.
2. The capital must be clearly specified, determined and known at
the time of the contract.
3. Must be available cash-present during the conclusion of
contract.
4. Must be delivered to the possession of the mudharib entirely.
c)c) Conditions of ProfitConditions of Profit
1. The distribution of profit must be determined
proportionally between the capital provider and the
entrepreneur.
2. The pre-determined profit must be in ratio form or
percentage and not in fixed amount.
3. Allowed to be different ratios at different situations.
Al Mudharabah
Al – Mutlaqah
vs
Al Mudharabah
Al - Muqayyadah
Al Mudharabah Al - Mutlaqah Al Mudharabah Al - Muqayyadah
Al Mudharabah Al-Mutlaqah is
unrestricted Mudharabah which is the
capital provider (rabbul mal)
authorizes the entrepreneur
(mudharib) to act completely at the
latter’s option in all business matter.
Al Mudharabah Al-Muqayyadah is restricted
Mudharabah which is the capital provider
makes certain limitations to the activities to
be conducted by the mudharib with regards
to the capital given.
Rabbul mal only invests money as
capital to the mudharib for the
business, mudharib utilise the capital
without involvement of rabbul mal.
Rabbul mal invests money as capital to the
mudharib for the business and also has
authority to make conditions or restrictions
related to investment and business
operations.
Example :
Kuwait Finance House (KFH)
Mudharabah Current Account-i
Example :
Bank Islam Ziyad NDI-i – the form of
Islamic Negotiable Instrument (INI)
Mudharabah
vs
Musharakah
Mudharabah Musharakah
The capital is financed by one party,
which is the capital provider or the
owner of the business
The capital is financed by all the
shareholders according to the proportion
agreed upon by all parties
The capital must be in the form of
cash money
Any type of property that could normally be
assessed and have certain commercial
value could be considered as an acceptable
source of capital. Example; intellectual
capital
The entrepreneur will be the only one
that will conduct the actual business.
The capital provider is not allowed to
jointly work with the entrepreneur.
All the shareholders have the right to
work and contribute their skills, knowledge,
experience e and expertise in the company
The monetary loss will be solely borne
by the capital provider while the
entrepreneur will only suffer from a
fruitless effort without having to bear
all the capital losses
The monetary loss will be jointly borne by all
the shareholders according to the ratio and
proportion of their respective share in the
partnership
Termination of Mudharabah
ISSUES ON MUDHARABAH
Subtitle
RISKINESS
1 Rabbul maal provide capital. 1. mudarib act as
entrepreneur.
2. Bear any loss incurred. 2. Bear no loss.
* violation towards small depositors and investors.
Rabbul
maal
M
udarib
STIFF COMPETITION
1 non- interest bearing 1 interest bearing.
2.revenue is not guaranteed. 2.revenue is guaranteed.
3.less profit but halal 3.high profit but doubtful.
* Customers prefer conventional due to high returns.
Mudharabah Conventional
LONGER FINANCING PERIOD
1 long-term financing. 1.short-term financing.
2. late return. 2. quick return.
* Customers prefer Ijarah & murabahah due to quick return.
Mudharabah Ijarah &
Murabahah
NOT TECHNICALLY ACHIEVABLE
1.Rabbul maal provide capital. 1. mudarib act as
entrepreneur.
2.Bear any loss incurred. 2. Bear no loss.
* Expertise is required to monitor long-term project so
that it runs smoothly.
Rabbul
maal
M
udarib
Expertise
MUDHARABAH INVESTMENT
ACCOUNT
SPECIAL INVESTMENT
ACCOUNT (SIA)
1. Not open to public
2. PSR commonly negotiated.
3. Occur between bank and
government link companies (GLC).
DIFFERENCES BETWEEN GIA &
SIA
GENERAL INVESTMENT
ACCOUNT (GIA)
1. Open to public.
2. PSR decided by the bank.
3. Could be between bank and
entrepreneur or customer and
provider of capital.
MUDHARABAH SAVINGS
ACCOUNT
MUDHARABAH
CURRENT ACCOUNT
Conclusion
i. There are many products in practice under mudharabah concept.
( project financing, investment account, etc )
ii. To avoid public to make illegal activities for generate more money.
iii. Possible to take care of society and social justice
“He who sleeps on a full stomach whilst his neighbour goes hungry is not one of us”
(Saying of Prophet Muhammad PBUH)

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Al Mudharabah (advance fiqh muamalat)

  • 1. Al Mudharabah (Profit Sharing Partnership) Members : Nor Siti Atikah bt Abdul Razak Nor Rukhila bt Rosli Nurul Ashikin bt Mohammad Sohaimi Siti Nabilah bt Hashim Ummu Shahirah bt Mohd Azhar
  • 2. Definition • Literally: • Derived from the phrase “dharaba fi al-ard” which means to make a journey and it is called this because the agent (entrepreneur) gets profit by virtue of his hard work and efforts in performing long journeys. • Technically: • A contract or a partnership where one provides the capital and the other the entrepreneurship with the profit being shared among them with a predetermined condition • Partnership in profit whereby one party (rabb al-mal) provides capital and the other party (mudharib) provides labor.
  • 4. Legal Evidence Al Quran : i. “… and others who travel in the land seeking of the bounty of Allah” ( Al-Quran, Al- Muzammil : 20) ii. “… but when the prayer is ended, they disperse abroad in the land and seek Allah’s grace “ (Al-Quran, Al-Jumu’ah : 10) iii. “… there is no blame on you in seeking bounty from your Lord.. “ ( Al-Quran, Al- Baqarah : 198) • Although this verses do not directly address the legality of mudharabah, they have been interpreted to include those who travel for the purpose of trading and seeking permissible income.
  • 5. Legal Evidence Hadith: • Reported By Hakim Bin Hizam that he had stipulated to a man that if he gave him certain asset to be utilized for Muqaradah (Mudharabah, Qiradh) , he must not use it to purchase livestock, or carries it (travel) through the sea, or drop by at the oasis, if the man committed any of the above, he is considered to be the guarantor of my property
  • 8. 1.1. Conditions of SighahConditions of Sighah • It is constitute of offer and acceptance. • For example, A who has money says to B, “Take this money as mudharabah, and what God gives in profit will be divided between us…” (And he specifies a certain profit sharing ratio). • Can be done verbally, in writing or through any means of communication that is acceptable by both contracting parties.
  • 9. 2.2. Conditions of Contracting PartiesConditions of Contracting Parties • Involve i. capital provider (rabbul mal) ii. the entrepreneur (mudharib) • Must be qualified persons under the law to enter the contract of mudharabah. • Eg: sound mind.
  • 10. 3.3. Conditions related to Subject MatterConditions related to Subject Matter
  • 11. a)a) Conditions of WorkConditions of Work • The work or business venture under Mudharabah must be conducted solely by the entrepreneur (mudharib). It is not legal if the capital provider (rabbul mal) was also required to conduct the daily operation. • The project must be legal and permissible (halal). • All the expenses will be taken from the capital provided that is not more than the justified expenses required in the venture.
  • 12. b)b) Conditions of CapitalConditions of Capital 1. Must be in the form of money and not commodities since commodities fluctuate in price and cause uncertainty and ignorance. 2. The capital must be clearly specified, determined and known at the time of the contract. 3. Must be available cash-present during the conclusion of contract. 4. Must be delivered to the possession of the mudharib entirely.
  • 13. c)c) Conditions of ProfitConditions of Profit 1. The distribution of profit must be determined proportionally between the capital provider and the entrepreneur. 2. The pre-determined profit must be in ratio form or percentage and not in fixed amount. 3. Allowed to be different ratios at different situations.
  • 14. Al Mudharabah Al – Mutlaqah vs Al Mudharabah Al - Muqayyadah Al Mudharabah Al - Mutlaqah Al Mudharabah Al - Muqayyadah Al Mudharabah Al-Mutlaqah is unrestricted Mudharabah which is the capital provider (rabbul mal) authorizes the entrepreneur (mudharib) to act completely at the latter’s option in all business matter. Al Mudharabah Al-Muqayyadah is restricted Mudharabah which is the capital provider makes certain limitations to the activities to be conducted by the mudharib with regards to the capital given. Rabbul mal only invests money as capital to the mudharib for the business, mudharib utilise the capital without involvement of rabbul mal. Rabbul mal invests money as capital to the mudharib for the business and also has authority to make conditions or restrictions related to investment and business operations. Example : Kuwait Finance House (KFH) Mudharabah Current Account-i Example : Bank Islam Ziyad NDI-i – the form of Islamic Negotiable Instrument (INI)
  • 15. Mudharabah vs Musharakah Mudharabah Musharakah The capital is financed by one party, which is the capital provider or the owner of the business The capital is financed by all the shareholders according to the proportion agreed upon by all parties The capital must be in the form of cash money Any type of property that could normally be assessed and have certain commercial value could be considered as an acceptable source of capital. Example; intellectual capital The entrepreneur will be the only one that will conduct the actual business. The capital provider is not allowed to jointly work with the entrepreneur. All the shareholders have the right to work and contribute their skills, knowledge, experience e and expertise in the company The monetary loss will be solely borne by the capital provider while the entrepreneur will only suffer from a fruitless effort without having to bear all the capital losses The monetary loss will be jointly borne by all the shareholders according to the ratio and proportion of their respective share in the partnership
  • 18.
  • 19. RISKINESS 1 Rabbul maal provide capital. 1. mudarib act as entrepreneur. 2. Bear any loss incurred. 2. Bear no loss. * violation towards small depositors and investors. Rabbul maal M udarib
  • 20. STIFF COMPETITION 1 non- interest bearing 1 interest bearing. 2.revenue is not guaranteed. 2.revenue is guaranteed. 3.less profit but halal 3.high profit but doubtful. * Customers prefer conventional due to high returns. Mudharabah Conventional
  • 21. LONGER FINANCING PERIOD 1 long-term financing. 1.short-term financing. 2. late return. 2. quick return. * Customers prefer Ijarah & murabahah due to quick return. Mudharabah Ijarah & Murabahah
  • 22. NOT TECHNICALLY ACHIEVABLE 1.Rabbul maal provide capital. 1. mudarib act as entrepreneur. 2.Bear any loss incurred. 2. Bear no loss. * Expertise is required to monitor long-term project so that it runs smoothly. Rabbul maal M udarib Expertise
  • 24. SPECIAL INVESTMENT ACCOUNT (SIA) 1. Not open to public 2. PSR commonly negotiated. 3. Occur between bank and government link companies (GLC). DIFFERENCES BETWEEN GIA & SIA GENERAL INVESTMENT ACCOUNT (GIA) 1. Open to public. 2. PSR decided by the bank. 3. Could be between bank and entrepreneur or customer and provider of capital.
  • 26. Conclusion i. There are many products in practice under mudharabah concept. ( project financing, investment account, etc ) ii. To avoid public to make illegal activities for generate more money. iii. Possible to take care of society and social justice “He who sleeps on a full stomach whilst his neighbour goes hungry is not one of us” (Saying of Prophet Muhammad PBUH)