16. Mushaarakah
⢠âMushaarakahâ literally means sharing
⢠It is derived from âshirkahâ which means
âbeing a partnerâ
⢠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. Contâd
ďRatio of profit:
ďśMust be equal to ratio of investment - Imam
Malik & Imam Shaafiâee
ďśDoes not have to be equal â Imam Ahmad
ďśMay differ, except that a sleeping partner
cannot share the profit more than the
percentage of his capital â 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. Contâd
⢠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. Contâd
⢠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. Contâd
⢠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. Contâd
⢠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. Contâd
⢠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