Answer: A form of partnership where one party provides
the funds while the other party provides expertise. The people who bring in
money are called "Rab-ul-Maal" while the management and work is an
exclusive responsibility of the "Mudarib". The profit sharing ratio
is determined at the time of entering into the Mudarabah agreement whereas in
case of loss it is borne by the Rab-ul-Mal only. In case of Islamic banks, the
depositors are called Rabb-ul-Maal and the bank is called Mudarib.
1. Al-Mudarabah Al-Muqayyada:
Rab-ul-Maalmal who, in case of Islamic bank, is depositor specifies a
particular business or a particular place for the mudarib (bank), in which case
he shall invest the money. This is called Al-Mudarabah AlMuqayyadah (restricted
Mudarabah).
2. Al-Mudarabah Al-Mutlaqah: In
case where Rab-ul-maal (depositor) gives full freedom to the Mudarib (bank) to
undertake whatever business he deems fit, this is called Al-Mudarabah
Al-Mutlaqah (unrestricted Mudarabah).
It is necessary for the
validity of Mudarabah that the parties agree on a certain formula of sharing
the actual profit right at the beginning of the contract. The Shariah has
prescribed no particular proportion of profit sharing rather it has been left
to the mutual consent of the parties. For the deposit management, Islamic banks
create different pools of investment keeping in view the risk and maturity
profile of the depositors. The deposits of the customers are placed in these
pools and profit from these investments is distributed between the bank and the
depositors as per weightages assigned at the time of agreement. Mudarabah
agreement cannot allow a lump sum amount of profit for any party nor can it
determine the share of any party at a specific rate tied up with the capital.
For example, if the capital is
Rs.100,000/-, parties 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 profit
equivalent to 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-ulMaal or vice versa.
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