The Concept of Mudarabah
Dr. Muhammad Zubair Usmani
Sharia Advisor
Muslim Commercial Bank Ltd.
Jamia Darul Uloom Karachi
At AlHuda CIBE Workshop at NIBAF, State Bank of
Pakistan – Islamabad.
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Definition
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This is a kind of partnership where one partner
gives money to another for investing in a
commercial enterprise.
The investment comes from the first partner
who is called “Rabb-ul-Maal” (Investor) while
the management and work is an exclusive
responsibility of the other, who is called
“Mudarib” (Working Partner) and the profits
generated are shared in a predetermined ratio.
Types of Mudarabah
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1.
Al Mudarabah Al Muqayyadah
(Restricted Mudarabah)
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Al Mudarabah Al Mutlaqah
(Unrestricted Mudarabah)
Al Mudarabah Al Muqayyadah
(Restricted Mudarabah)
Rabb-ul-Maal may specify a particular
business or a particular place for the
mudarib, in which case he shall invest the
money in that particular business or place.
This is called Al Mudarabah Al Muqayyadah
(restricted Mudarabah).
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Al Mudarabah Al Mutlaqah
(Unrestricted Mudarabah)
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Rabb-ul-maal gives full freedom to Mudarib to
undertake whatever business he deems fit, this
is called Al Mudarabah Al Mutlaqah (unrestricted
Mudarabah)
However, he is not authorized to:
a) keep another Mudarib or a partner
b) mix his own investment in that particular
Mudarabah without the consent of Rabb-ul Maal.
Authority of Rabb-ul-Maal
Rabb-ul-Maal has authority to:
a) Oversee the Mudarib’s activities and
b) Work with Mudarib if the Mudarib
consents.
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Different Capacities of the
Mudarib
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1.
Ameen (Trustee): The
money given by
Rabb-ul-maal (investor) and the assets
required therewith are held by him as a trust.
2.
Wakeel (Agent) : In purchasing goods for
trade, he is an agent of Rabb-ul-maal.
3.
Shareek (Partner): In case the enterprise earns
a profit, he is a partner of Rabb-ul-maal who
shares the profit in agreed ratio.
Different Capacities of the
Mudarib
4. Zamin (Liable):
If the enterprise suffers a
loss due to his negligence or misconduct, he is
liabel to compensate the loss.
5. Ajeer (Employee): If the Mudarabah becomes
Void due to any reason, the Mudarib is entitled
to get a fee for his services.
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Capital of Mudarabah
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The capital in Mudarabah may be either
cash or in kind. If the capital is in kind, its
valuation is necessary, without which
Mudarabah becomes void.
Distribution of Profit & Loss
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It is necessary for the validity of Mudarabah that
the parties agree, right at the beginning, on a
definite proportion of the actual profit to which
each one of them is entitled.
They can share the profit at any ratio they agree
upon.
However in case the parties have entered into
Mudarabah without mentioning the exact
proportions of the profit, it will be presumed that
they will share the profit in equal ratios.
Some incentives my be given to the Mudarib.
Distribution of Profit & Loss
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Apart from the agreed proportion of the profit,
the Mudarib cannot claim any periodical salary
or a fee or remuneration for the work done by
him for the Mudarabah.
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The Mudarib & Rabb-ul-Maal cannot allocate a
lump sum amount of profit for any party nor
can they determine the share of any party at a
specific rate tied up with the capital.
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Distribution of Profit & Loss
EXAMPLE
If the capital is Rs.100,000/-, they cannot agree
on a condition that Rs.10,000 out of the profit
shall be the share of the Mudarib nor can they
say that 20% of the capital shall be given to
Rab-ul-Maal. However they can agree that
40% of the actual profit shall go to the Mudarib
and 60% to the Rab-ul-Maal or vice versa.
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Distribution of Profit & Loss
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If the business has incurred loss in some
transactions and has gained profit in
some others, the profit shall be used to
offset the loss at the first instance, then
the remainder, if any, shall be
distributed
between
the
parties
according to the agreed ratio.
Termination of Mudarabah
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Mudarabah can be terminated any time by
either of the two parties by giving notice.
If Mudarabah was for a particular term, it will
terminate at the end of the term.
Termination of Mudarabah means that the
Mudarib cannot purchase new goods for the
Mudarabah. However, he may sell the existing
goods that were purchased before termination.
Distribution at Termination
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If all assets of the Mudarabah are in cash
form at the time of termination, and some
profit has been earned on the principal
amount, it shall be distributed between
the parties according to the agreed ratio.
If the assets of Mudarabah are not in cash
form, they will be sold and liquidated so
that the actual profit may be determined.
Distribution at Termination
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If there is a profit, it will be distributed
between Mudarib and Rab-ul-Maal.
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If no profit is left, Mudarib will not get
anything.
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Collective Mudarabah
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“Collective Mudarabah” means a joint
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Collective Mudarabah creates two different
relationships:
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Pool created by many investors and handled over to a
single Mudarib who is normally a juristic person.
Relationship between investors inter se, which is
Shirkah or Partnership.
Relationship of all the investors with mudarib, which is
mudarabah.
When Mudarib is a Juristic
Person
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Who is the Mudarib?
 Shareholders?
 Management
or Directors?
 Juristic Person
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Expenses of Mudarabah
 Direct
expenses are borne by the
Mudarabah pool.
 Indirect expenses are borne by the
mudarib.
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Running Mudarabah
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Investors come in and go out at different dates
Profits are calculated on daily product basis.
Redemption before maturity
 If the assets of mudarabah are in illiquid
form, an investor may redeem his share by
selling it to the pool..
 If the assets are in liquid form, a
provisional amount may be given to him
subject to final settlement