eoif mudarabah musharakah

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Mudarabah and Musharakah -Mudarabah and Musharakah - Participatory Modes of financingParticipatory Modes of financing

IQRA UNIVERSITY (Gulshan Campus)

Saturday, 13 Dec, 2008

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MudarabahMudarabah

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ContentsContents

Introduction – Mudarabah;− Profit / Loss Distribution;− Kinds of Mudarabah

Termination of Mudarabah Mudarabah Vs Musharakah Scope of Mudarabah for Banking System Risks

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Mudarabah - IntroductionMudarabah - Introduction

“Mudaraba” is a kind of partnership where partner involve in business;

Mudarabah is partnership between persons in which one partner gives money to another for investing in profitable avenues.

The investor (fund provider/supplier) is called “Rabb-ul-Maal while the person who utilizes this fund (the fund manager) is called “Mudarib”;

Mudarib is exclusively responsible for management of the business.

Rabbul Maal (fund supplier) does not have any right to interfere in business affairs.

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Mudarabah Capital:− In principle, the capital of Mudaraba should be

provided in the form of cash.− However, it may be presented in the form of kind i.e.

tangible assets which will be valued as per mutual consent;

− The value (in cash) of the assets will be the Mudaraba capital;

− The Capital of Mudaraba should be clearly known to the contracting parties and defined in terms of quality and quantity in a clear manner;

− Debt (receivable) can not be the capital of Mudarabah.

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Mechanism of Profit and Loss distribution:− The contracting parties should stipulate in the

contract the profit shares (in defined terms) for each one;

− The profit sharing ratio should be:► Specific; and► of the profit expected to be earned by the venture;

− Therefore following method is not allowed:►Unknown ratio;►A ratio attributed to future settlement;►A ration linked with the capital (in terms of x% of the capital);►A lump sum settlement as profit;

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Mechanism of Profit and Loss distribution:− Losses in Mudaraba shall only be born by Rabb-ul-

Mal and not by the Mudarib;− Mudarib will also suffer loss in shape of not receiving

anything as profit;− The Mudarib shall only be responsible for losses if

the loss happened due to his negligence and willful misconduct.

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Mudarabah - TypesMudarabah - Types

There are two types of Mudarabah:− Restricted Mudarabah (Mudarabah Muqayyadah):► It is a kind of Mudarabah in which the capital provider restricts

the Mudarib to perform business with certain restrictions. These restrictions may be for place (geographical restriction), particular type of investment (sector wise restriction) or any other restriction provided these restrictions do not unduly constrain the Mudarib from business operations.

− Unrestricted Mudarabah (Mudarabah Mutlaqah):► It is a kind of Mudarabah in which the capital provider (Rabbul

Maal) does not put any restriction the Mudarib.

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Mudarabah - RulesMudarabah - Rules

Supply of funds:− The basic feature of Mudaraba is that the the capital

is provided by Rabbul Maal and the Mudarib is responsible for the management only;

− However, it is allowed for Mudarib to add capital into the business of Mudaraba if agreed with Mudarabi;

− In such cases Musharaka and Mudaraba are combined.

− For example, “Zuhaib” gave to “Rahman Hayder” Rs.100,000/- for Mudaraba. R. Hayder added Rs. 50,000/- from his own with the consent of Zuhaib;

− This type of partnership will be treated as a combination of Musharaka and Mudaraba;

− Here the Mudarib may allocate for himself a certain percentage of profit on account of his investment as Sharik, and at the same time he may allocate another percentage for his management and work as a Mudarib.

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Mudarabah - RulesMudarabah - Rules

Termination of Mudarabah:− The contract of Mudaraba can be terminated at any

time by either of the two parties after giving a notice to the other party.

− If all assets are in form of cash and some profit has been earned on the principle amount, it shall be distributed between the parties according to the agreed ratio.

− If the assets of the Mudaraba are in other form the Mudarib shall be given an opportunity liquidate them and the actual profit may be determined.

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Mudarabah Vs MusharakahMudarabah Vs Musharakah

Mudarabah:− The contribution

comes from Rabbul Maal (the investor).

− The Rabbul Maal (investor) is not permitted to manage the business.

− The Mudarib will only manage the business.

− The Mudarib can also invest in the capital of Mudarabah.

Musharakah:− The contribution

comes from all partners in form of cash, commodities, services or liability in the case of reputation partnership.

− The work, as a general rule, is to be done jointly by the parties.

− A partner or some partners may be sleeping.

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Mudarabah - ApplicationMudarabah - Application

Scope of Mudarabah for Banking System:− Mudaraba as a mode of finance used by Islamic

Banks for the following purpose:− Relationship with depositors;► The depositors provide moneys to bank as Rabb-ul-Mal to be

invested by bank as Mudarib on the basis of profit and loss sharing on pre agreed specific ratio;

− Islamic bank can also use this mode through providing capital in a business and sharing in the profit with pre-agreed ratio;► Large Enterprise financing;► Project Finance;►Business ventures;► Private equity;

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Mudarabah - ApplicationMudarabah - Application

Depositors and Islamic bank relationship:− Mudaraba is used by Islamic Banks for taking deposit

from depositors;− The depositors provide moneys to bank as Rabb-ul-

Mal to be invested by bank as Mudarib on the basis of profit and loss sharing on pre agreed specific ratio;

ISLAMIC BANKDEPOSITORS

DEPOSITS

PROFIT

MUDARABAH PROFIT & LOSS SHARING

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Mudarabah – Application Mudarabah – Application (Deposit [Liability] (Deposit [Liability] management)management)

A

POOL MANAGEMENTPools according to (1) size of deposit, (2) Tenure

CB

G IH

M ON

S UT

D FE

J LK

P RQ

V XW

Time (tenure)

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D

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Issues in MudarabahIssues in Mudarabah

Problems and Risks for Islamic Banks:− Mudarabah is among the preferable modes of

financing which is also heavily recommended by scholars and Ulema, but certain difficulties are there in application of this mode. Some are given below:► Mudaraba is considered to be very high risk financing activity.► Collateral can be asked but could not be used in case of real

loss.► Bank’s existing competencies in project evaluation and related

techniques are limited.► Dual book keeping trends in market.► No legal mechanism for treatment with Mudarabah.

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MusharakahMusharakah

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ContentsContents

Introduction; Types of Musharakah; Basic Rules in Musharakah; Termination of Musharakah; Security / Collateral in Musharakah; Musharakah Management and Liability; Profit / Loss Distribution ; Application of Musharakah As a Mode;

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IntroductionIntroduction

Musharakah is a newly invented terms by Ulemaa;The actual term used by Fuqahaa (classical Islamic

scholars) was Shirkah (or Sharikah);Lexical meaning of it is sharing/merging;Technically: “Commingling by two or more persons

either their capital/money or work or obligations to earn a profit or a benefit or a yield or appreciation in value and to share the loss according to their proportionate ownership”;

Now the term Musharakah is popular;There are different types of Shirkah which have been

explained by Fuqaha’;See next slide for details:

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SHIRKAH (Partnership)

Shirkat-ul-Milk (Joint ownership)

Optional Forced

Shirkat-ul-A'qd (Business partnership)

A'amal (partnership in work)

Wujooh (reputational partnership)

Amwaal (partnership with capital)

Mufawadah(100%

equality in shares of partners)

Al Inaan(Variability in

shares of partners)

Mufawadah(100%



shares of partners)

Mufawadah(100%



shares of partners)

Types of ShirkahTypes of Shirkah

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Basics of MusharakahBasics of Musharakah

There are some basic features of Musharakah:− Mixing of Capital (joint ownership);− Asset or property or anything that can accept

partnership;− Rights and Responsibilities;− Sharing of profit and loss

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According to the nature of partnership (Musharakah) there are three possible structures of Musharakah:− Permanent Musharaka:► Permanent Musharaka is a partnership of permanent nature i.e.

a going concern;− Temporary (Redeemable) Musharaka;►Musharakah can be for a limited time period, after that it will be

redeemed;►Redemption of Musharakah will take place through sale of

shares from one partner to other partner or third person (in market/exchange);

► This type is usually used for business ventures;− Diminishing/declining Musharaka►A Musharakah in which a partner buys the share of the other

partner gradually until the ownership of the asset or property is completely transferred to second partner;

►According to this concept, a financer (bank) and its client participate in a joint commercial enterprises or property or asset and the client gradually buys bank’s share.

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Capital of Musharakah should be in cash form; It may be in kind; In such case the value should be agreed;Different currencies should be converted or valued into

the currency of Shirkah;Capital should be under the disposal of the manager;Debt alone can not be contribution in Shirkah;Capital can be varying among the partners;

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Management of Partnership:− In principle each partner has right of Musharakah

management;− The partners may appoint a managing partner by

mutual consent;− Some of the partners may decide not to work for the

Musharakah and work as sleeping partner;− It is not allowed to specify a fixed remuneration to a

partner Musharaka who manages funds or provides some form of other services, such as accounting;

− However, it is permissible to give him a greater share of profit than he would receive solely on the basis of his share in the partnership capital;

− According to a view it is also permissible to appoint his as an employee and giving him remuneration for his services;

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Profit Sharing ratio:− Ratio or the basis for sharing profit should be

decided in the beginning of partnership;− Profit should be allocated in percentages of earning

and not in a sum of money or a percentage of the capital or investment;

− It is not necessary for sharing profit according to proportionate capital contribution;

− A sleeping partner cannot share in the profit more than the percentage of his capital;

− The partner may at the later stage agree to change the profit sharing ratio, and on the date of distribution, a partner may surrender a part of his profit to another partner;

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Sharing of Loss:− As a matter of principle the loss has to be shared

according to the ratio of capital contribution;− No partner can make his share or portion of share

guarabteed from loss;− Any such agreement will make the Musharakah void

and nullGuarantee of principle:

− Guarantee from one partner to other partner’s profit or capital or part of capital is not allowed;

− Security can be asked for misconduct or negligence;− A third party may provide a guarantee to make up

losses of one or all partners;

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Termination of Musharakah:− Every partner has a right to terminate the

Musharaka at any time after giving notice to the partner and the Musharaka will come to an end.

− In this case, if all the assets of the Musharaka are in cash form then they will be distributed pro rata between the partners.

− In case they are mixed assets the partners may agree either on:► The liquidation of the assets (market price), or►On their distribution among the partners as they are; or► Purchasing from one partner share of other at any agreed price

between them.

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Application of MusharakahApplication of Musharakah

Musharakah could easily be used as a vast mode of financing for almost every financial need. Below are some fields where this mode can easily be applied:− Long-term Finance− Running Finance (limited scope)− Investment Banking− Project Financing− Private Equity Placement− Redeemable capital investment

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Application of MusharakahApplication of Musharakah

THE PROJECT

PARTNER

ShareIn

Capital

BANK

ShareIn

Capital

Share of profits

Profit

Share of profits

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QUESTIONQUESTIONSS

eoif mudarabah musharakah

Economy & Finance

capital of mudarabah

business mudarabah

kind of mudarabah

mudarabah types

types of mudarabah

mudarib mudarib

mudaraba capital

business of mudaraba