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Murabahah
Abdul Samad
AlHuda CIBE
Presentation Outline








This module will highlight the following
aspects of Murabaha:
Step by Step Murabaha Financing
Documentation
Profit Calculation
Issues
Conclusion
Murabaha - Definition /Introduction






In literary terms Ba’y Murabaha means “sale on
profit”
Murabaha is a particular kind of sale where the
seller discloses its cost and profit charged
thereon.
The price in this sale can be both on spot and
deferred
MFI Murabaha
The product of Murabaha that is being
used in MFI MFIing as a mode of finance
is something different from the Murabaha
used in normal trade.
 This transaction is concluded with a prior
promise to buy, submitted by a person
interested in acquiring good through the
institution.

MFI Murabaha






It is a contract wherein the institution,
upon request by the customer, purchases
an asset from the third party usually a
supplier/vendor and resells the same to
the customer either against immediate
payment or on a deferred payment basis. 
It is called Murabaha to the purchase
order.
It is a bunch of contracts completed in
steps and ultimately meet the financial
needs of the client.
Scope of Murabaha








  As it is a kind of sale, there must be a seller
and buyer and something that is bought and
sold. The institution is the seller and the client
is buyer. 
 It cannot be used as a substitute for running
finance facility, which provides cash for
fulfilling various need of the client.
It is fixed price sale and normally is done for
short term.
The transaction can be used in order to meet
the working capital requirement however it
cannot be used to meet liquidity requirements .
Step by Step Murabaha
Financing
Client and MFI sign an Agreement to
enter into Murabaha (MMFA).

MFI

Agreement to
Murabaha

Client
Step by step Murabaha Financing
Client appointed as Agent to purchase
goods on MFI’s behalf. In this case, the
concerned branch Manager will explain
the appointment of client as an Agent,
which will be checked by the Shariah
Advisor.

MFI

Agency
Agreement

Client
Step by step Murabaha Financing
MFI gives money to agent/supplier for
purchase of goods.
MFI

Client

Agreement to
Murabaha
Agency
Agreement

Disbursement to the agent or supplier

Supplier
Step by Step Murabaha
Financing
The agent takes possession of goods on
MFI’s behalf.
Transfer of Risk

MFI

Vendor

Delivery of
goods

Agent
Step by Step Murabaha
Financing
Client makes an offer to purchase the goods
from MFI through a declaration.

MFI

Client
Offer to
purchase
Step by step Murabaha Financing
MFI accepts the offer and sale is concluded.

Murabaha Agreement
+
Transfer of Title
MFI

Client
Step by step Murabaha Financing
Client pays agreed price to MFI according
to an agreed schedule. Usually on a
deferred payment basis (Bai Muajjal)

MFI

Payment of Price

Client
Steps Of MFI Murabaha
MOU
↓
Order Form

↓
Agency Agreement
↓

Purchase
↓
Payment of Purchase Price‌
↓
Possession
↓
Offer and Acceptance
(Declaration)
↓
Payment of Murabaha Price
Murabaha Documentations
There are a number of documents involved
in a Murabaha financing transaction. The
most essential of these documents are:


Master Murabaha Facility Agreement



Agency Agreement



Order Form



Description of assets



Declaration



Summary Payment Schedule
ISSUES
RELATED TO
MURABAHA
Issues Related To Murabaha
Issue
1.



Solution

Filling/Signing of All  Shariah Compliance officer
should physically check such
Documents
irregularity leads to nonSimultaneously

compliance
In certain transactions, transaction.
the MFI obtained the
complete set of signed
Murabaha
transaction
documents from the
customer before actual
execution of transaction.

of

the
EVIDENCE OF PURCHASE
Issue




Solution
The MFI should perform some
alternative procedures in order to
conform the bonafides of the
execution of transaction. e.g. To
obtain Gate pass, Weighbridge
slips Stock record etc.

In certain transactions
MFIs do not obtains
sufficient/appropriate
evidences of purchase
and delivery of goods.



Due to certain reasons
the
MFI
makes
purchases in the name
of the customer and the
invoices and other title
documents are in the
name of the customer.



It is recommended that in such
cases of Murabaha, the MFI
should make payment directly to
the suppliers and physical surveys
of the goods should be performed
on a test basis. Evidence of receipt
of goods should also be obtained.
PHYSICAL VERIFICATION OF
GOOD
ISSUE
3. Generally the MFI takes the
constructive possession, while the
customer actually receives the
delivery of the goods. There is risk
that Murabaha transaction may be
executed prior to the procurement
of goods, which will render the
Murabaha transaction as being
mere financing rather than trading.

Solution
1.

2.

Keeping in
view the
issue physical surveys of
the goods should be
performed on a test
basis.
As an alternate, evidence
of receipt of goods
including
third
party
evidence
should
be
ensured.
DELAYED DECLARATIION
Issue

Solution

In certain transactions MFIs
receive declaration of the
purchased
goods
after
significant delay. So there is
risk that goods might already
have been used/sold by the
customer.

Murabaha transaction should
be executed as soon the
goods purchased by the
customer.
ABSENCE OF DATES ON
DECLARATION & INVISES
Issue

Solution

Absence of date on invoices
and declaration may arise a
question with regard to the
permissibility or otherwise of
the
Murabaha
sate
transaction.

No invoices with out date
shall be accepted and the
management should remain
vigilant
to
avoid
such
weaknesses.
DIFFRENCE IN QUANTITIES
Issue

Solution

Difference in quantities of
commodity being purchased
under Murabaha as per
Declaration and the invoices
creates a conflict within
Murabaha documentation.

1.

2.

3.

The
quantities
as
per
“Declaration”
should
be
similar to that of invoices
presented
unless
a
transaction
involves
joint
purchases with customer.
Where transaction involves
joint purchases, the client
must give a letter inducting
clearly the amount purchased
for himself.
Purchases of shares are a
good example of such case.
DISCOUNTS IN MURABAHA
Issue
It is a general practice, e.g.
in Pharmaceutical industry
that discounts are awarded
to the suppliers at the end of
the year.
The MFI generally do not
claim any discounts in this
regards at the end of the
year.

Solution
The MFI should ensure
discounts (if any) available
from supplier should be
transferred to it.
REBATE
Issue

Solution

In certain cases the MFI
promises to gives rebate
to the customer if the
customer settles the
transaction before the
actual repayment date.

The MFI should not
agree to give rebate to
the
clients
in
the
beginning of transaction
and in every case of
rebate, MFI should refer
to Shariah Advisor.
PRICING IN MURABAHA
Issue
In most of the cases of
import Murabaha, the MFIs
do not consider custom duty,
LC charges etc in their
pricing mechanism and the
customer borne all these
charges.

Solution
These charges related to the
ownership of the asset and
should be borne by the MFI
instead of the customer. The
MFI may add these charges
in the cost of Murabaha
asset.
192 Ahmad Block, New Garden Town, Lahore - Pakistan.
Ph: (92-42) 35913096 - 98, Fax: (92-42) 35913056
Email: info@alhudacibe.com
www.alhudacibe.com

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3rd Global Islamic Microfinance Forum' 2013

  • 1.
  • 3. Presentation Outline       This module will highlight the following aspects of Murabaha: Step by Step Murabaha Financing Documentation Profit Calculation Issues Conclusion
  • 4. Murabaha - Definition /Introduction    In literary terms Ba’y Murabaha means “sale on profit” Murabaha is a particular kind of sale where the seller discloses its cost and profit charged thereon. The price in this sale can be both on spot and deferred
  • 5. MFI Murabaha The product of Murabaha that is being used in MFI MFIing as a mode of finance is something different from the Murabaha used in normal trade.  This transaction is concluded with a prior promise to buy, submitted by a person interested in acquiring good through the institution. 
  • 6. MFI Murabaha    It is a contract wherein the institution, upon request by the customer, purchases an asset from the third party usually a supplier/vendor and resells the same to the customer either against immediate payment or on a deferred payment basis.  It is called Murabaha to the purchase order. It is a bunch of contracts completed in steps and ultimately meet the financial needs of the client.
  • 7. Scope of Murabaha       As it is a kind of sale, there must be a seller and buyer and something that is bought and sold. The institution is the seller and the client is buyer.   It cannot be used as a substitute for running finance facility, which provides cash for fulfilling various need of the client. It is fixed price sale and normally is done for short term. The transaction can be used in order to meet the working capital requirement however it cannot be used to meet liquidity requirements .
  • 8. Step by Step Murabaha Financing Client and MFI sign an Agreement to enter into Murabaha (MMFA). MFI Agreement to Murabaha Client
  • 9. Step by step Murabaha Financing Client appointed as Agent to purchase goods on MFI’s behalf. In this case, the concerned branch Manager will explain the appointment of client as an Agent, which will be checked by the Shariah Advisor. MFI Agency Agreement Client
  • 10. Step by step Murabaha Financing MFI gives money to agent/supplier for purchase of goods. MFI Client Agreement to Murabaha Agency Agreement Disbursement to the agent or supplier Supplier
  • 11. Step by Step Murabaha Financing The agent takes possession of goods on MFI’s behalf. Transfer of Risk MFI Vendor Delivery of goods Agent
  • 12. Step by Step Murabaha Financing Client makes an offer to purchase the goods from MFI through a declaration. MFI Client Offer to purchase
  • 13. Step by step Murabaha Financing MFI accepts the offer and sale is concluded. Murabaha Agreement + Transfer of Title MFI Client
  • 14. Step by step Murabaha Financing Client pays agreed price to MFI according to an agreed schedule. Usually on a deferred payment basis (Bai Muajjal) MFI Payment of Price Client
  • 15. Steps Of MFI Murabaha MOU ↓ Order Form ↓ Agency Agreement ↓ Purchase ↓ Payment of Purchase Price‌ ↓ Possession ↓ Offer and Acceptance (Declaration) ↓ Payment of Murabaha Price
  • 16. Murabaha Documentations There are a number of documents involved in a Murabaha financing transaction. The most essential of these documents are:  Master Murabaha Facility Agreement  Agency Agreement  Order Form  Description of assets  Declaration  Summary Payment Schedule
  • 18. Issues Related To Murabaha Issue 1.  Solution Filling/Signing of All  Shariah Compliance officer should physically check such Documents irregularity leads to nonSimultaneously compliance In certain transactions, transaction. the MFI obtained the complete set of signed Murabaha transaction documents from the customer before actual execution of transaction. of the
  • 19. EVIDENCE OF PURCHASE Issue   Solution The MFI should perform some alternative procedures in order to conform the bonafides of the execution of transaction. e.g. To obtain Gate pass, Weighbridge slips Stock record etc. In certain transactions MFIs do not obtains sufficient/appropriate evidences of purchase and delivery of goods.  Due to certain reasons the MFI makes purchases in the name of the customer and the invoices and other title documents are in the name of the customer.  It is recommended that in such cases of Murabaha, the MFI should make payment directly to the suppliers and physical surveys of the goods should be performed on a test basis. Evidence of receipt of goods should also be obtained.
  • 20. PHYSICAL VERIFICATION OF GOOD ISSUE 3. Generally the MFI takes the constructive possession, while the customer actually receives the delivery of the goods. There is risk that Murabaha transaction may be executed prior to the procurement of goods, which will render the Murabaha transaction as being mere financing rather than trading. Solution 1. 2. Keeping in view the issue physical surveys of the goods should be performed on a test basis. As an alternate, evidence of receipt of goods including third party evidence should be ensured.
  • 21. DELAYED DECLARATIION Issue Solution In certain transactions MFIs receive declaration of the purchased goods after significant delay. So there is risk that goods might already have been used/sold by the customer. Murabaha transaction should be executed as soon the goods purchased by the customer.
  • 22. ABSENCE OF DATES ON DECLARATION & INVISES Issue Solution Absence of date on invoices and declaration may arise a question with regard to the permissibility or otherwise of the Murabaha sate transaction. No invoices with out date shall be accepted and the management should remain vigilant to avoid such weaknesses.
  • 23. DIFFRENCE IN QUANTITIES Issue Solution Difference in quantities of commodity being purchased under Murabaha as per Declaration and the invoices creates a conflict within Murabaha documentation. 1. 2. 3. The quantities as per “Declaration” should be similar to that of invoices presented unless a transaction involves joint purchases with customer. Where transaction involves joint purchases, the client must give a letter inducting clearly the amount purchased for himself. Purchases of shares are a good example of such case.
  • 24. DISCOUNTS IN MURABAHA Issue It is a general practice, e.g. in Pharmaceutical industry that discounts are awarded to the suppliers at the end of the year. The MFI generally do not claim any discounts in this regards at the end of the year. Solution The MFI should ensure discounts (if any) available from supplier should be transferred to it.
  • 25. REBATE Issue Solution In certain cases the MFI promises to gives rebate to the customer if the customer settles the transaction before the actual repayment date. The MFI should not agree to give rebate to the clients in the beginning of transaction and in every case of rebate, MFI should refer to Shariah Advisor.
  • 26. PRICING IN MURABAHA Issue In most of the cases of import Murabaha, the MFIs do not consider custom duty, LC charges etc in their pricing mechanism and the customer borne all these charges. Solution These charges related to the ownership of the asset and should be borne by the MFI instead of the customer. The MFI may add these charges in the cost of Murabaha asset.
  • 27. 192 Ahmad Block, New Garden Town, Lahore - Pakistan. Ph: (92-42) 35913096 - 98, Fax: (92-42) 35913056 Email: info@alhudacibe.com www.alhudacibe.com