The Concept of Mudarabah

1. 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.

2. Definition • 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.

3. Types of Mudarabah • Al Mudarabah Al Muqayyadah (Restricted Mudarabah) • Al Mudarabah Al Mutlaqah (Unrestricted Mudarabah)

4. 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).

5. Al Mudarabah Al Mutlaqah(Unrestricted Mudarabah) • 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.

6. 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.

7. Different Capacities of the Mudarib • Ameen (Trustee): The money given by Rabb-ul-maal (investor) and the assets required therewith are held by him as a trust. • Wakeel (Agent) : In purchasing goods for trade, he is an agent of Rabb-ul-maal. • Shareek (Partner): In case the enterprise earns a profit, he is a partner of Rabb-ul-maal who shares the profit in agreed ratio.

8. 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.

9. Capital of Mudarabah • 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.

10. Distribution of Profit & Loss • 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.

11. Distribution of Profit & Loss • 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. • 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.

12. 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.

13. Distribution of Profit & Loss • 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.

14. Termination of Mudarabah • 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.

15. Distribution at Termination • 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.

16. Distribution at Termination • If there is a profit, it will be distributed between Mudarib and Rab-ul-Maal. • If no profit is left, Mudarib will not get anything.

17. Collective Mudarabah • “Collective Mudarabah” means a joint • Pool created by many investors and handled over to a single Mudarib who is normally a juristic person. • Collective Mudarabah creates two different relationships: • Relationship between investors inter se, which is Shirkah or Partnership. • Relationship of all the investors with mudarib, which is mudarabah.

18. When Mudarib is a Juristic Person • Who is the Mudarib? • Shareholders? • Management or Directors? • Juristic Person • Expenses of Mudarabah • Direct expenses are borne by the Mudarabah pool. • Indirect expenses are borne by the mudarib.

19. Running Mudarabah • 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