What is the difference between musharakah and mudarabah




















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This financial structure is one of the most commonly used methods by Islamic banks and financial institutions. In fact, 70 per cent of Islamic transactions worldwide are conducted through the murabaha structure. According to Islamic law, the buying and selling of goods for a profit in the process of trade is permitted.

Furthermore, the following rules for murabaha need to be satisfied for the transaction to take place:. A popular form of murabaha is known as bai bithaman ajil BBA , which is a form of sale whereby the payment of the price is deferred. As mentioned, the Islamic finance system is asset-based as opposed to debt-based and interest riba is strictly forbidden.

Unlike conventional bonds, sukuks do not yield interest. Instead, they are based on non-interest security providing investors with the ownership of an underlying asset. They include musharaka and mudaraba-based sukuks. The Malaysian government is seen as a leader when it comes to Islamic finance globally. The UK has already tapped into the sukuk industry and will soon be the first Western country to allow banks to sell Islamic bonds.

It seems Australia will follow the lead. The sukuk bond is growing rapidly and is viewed by Australia as one of the most appealing Islamic products because of its versatile nature and ability to adapt into the mainstream financial system. This is why Senator Sherry recently identified the market for sukuks as a wholesale opportunity for the Australian financial sector. The Australian government has made several indications of its commitment to the Islamic banking and finance industry.

Furthermore, the Johnson Report and the Henry Tax Review both called for an inquiry into Australian taxation law to ensure that shariah -compliant products are on a level playing field with conventional products. From a taxation perspective this view will ensure a more level playing field. All these developments increase the importance of legal practitioners understanding the basic principles of shariah -compliant products and how they may be relevant to clients.

In my opinion, however, what has been missing from the IBF conversation is whether the IBF products that will be introduced to the Australian financial market are compliant with shariah law or whether they are simply mainstream products under the guise of shariah terminology.

Her thesis focuses on the shariah -compliant nature of Islamic finance products introduced in Australia. She is also the recipient of the National Australia Bank scholarship in Islamic banking Join Sign In. Remember me. Select from any of the filters or enter a search term.

Reset Search. Home About Contact Close About. Search for:. One wonders why the Rab Al Maal is prevented from managing the business affairs of Mudarabah despite the fact that it is the one who has provided the capital in full.

You see, the reason why in Shariah , the capital provider is not given the right to work with the Mudarib , or to get involved in acts relating to the Mudarabah operation, is because such a provision would curtail the freedom of the Mudarib , limit the investment scope and hinder the Mudarib in achieving the objective of the Mudarabah contract, which is to deploy the capital prudently, efficiently and profitably for the mutual benefit of both parties.

For further explanation, please review article 84 where I have explained it in detail. Returning to the differences between Musharakah and Mudarabah , in Mudarabah , the ownership of the entire assets developed through deploying the capital belongs to the Rab Al Maal , or in other words, the capital provider becomes the de-facto owner of all the Mudarabah assets. This is not the case in Musharakah where all partners jointly own the Musharakah assets, albeit in proportion to the ratio of investing the capital.

Next, if there is an increase in the value of the Mudarabah fixed assets, it will solely belong to the Rab Al Maal and the Mudarib will not be able to share it. Simply because another name for Mudarabah is partnership in the operating profit. As such, the Mudarib is only eligible to share the outcome which is a direct consequence of its effort by utilizing its expertise.

Nevertheless, it is important to differentiate here that if there is an increase in the market value of the trading inventory and, as a result, the Mudarabah produces a higher profit, the Mudarib shall be entitled to share such earnings.

On the contrary, if there is an increase in the value of fixed assets owned by the Musharakah entity, such benefit shall be shared by all partners in the same ratio as they have funded the capital.



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