Mudharabah

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Mudharabah

• By
• Noviana Dwi Hapsari
• 20090610019
• International Program for Law and Sharia
• Universitas Muhammadiyah Yogyakarta

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Content

• Definition
• Legal Basic
• Kinds of akad mudharabah
• Elements of Mudharabah
• Application of akad mudharabah in banking finance

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Definition

• Cooperation agreement between the owner of the
  funds (shahibul maal) that provides all the
  capital needs of the business manager (mudharib)
  to conduct a joint venture activities.

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Cont

• Profits are divided according to the comparison
  (ratio) that has been agreed.
• Any loss will be covered by the owners of
  capital, as long as not caused due to negligence
  act done by business manager.
• While the losses caused due to negligence of the
  manager will be the responsibility of the manager
  of the business itself.

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Cont

• The legal basis is Q.S Al Jumuah (62)10
• And then when the prayer is ended, then disperse
  in the land and seek of Allahs bounty, and
  remember Allah much, that ye maybe successful .
• Hadist of Ibnu Majah
• three things in which there were blessing a
  tough sale, muqaradhah (mudharabah), and mixed
  wheat with flour for household, not for sale.

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Kinds of Mudharabah

• 1. Mudharabah Mutlaqah
• Owner of the funds (shohib al mal) gives full
  freedom to the manager (mudharib) in determining
  the type of business and management scheme which
  he considers good and profitable, as long as not
  contrary to the sharia provisions.

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• 2. Al Mudharabah al Muqayyadah
• The owners of capital (investors) handed over
  the capital to the manager and determine the
  type of business or place or time, or the
  person who will deal with Mudharib.
• The difference between them lies in the
  restriction of the use of capital according to
  investor demand

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Elements of Mudharabah

• 1. The existence of two or more actors namely
  investors (capital owners) and managers
  (mudharib).
• 2. The object of transaction consist of capital,
  business and profits
• Based on the Ijma, the capital should be in a
  form of a currency unit
• The capital that will be submitted should clearly
  known.
• The capital should be specific
• The capital directly given by the investor to the
  mudharib

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Cont

• 3. The business should in the field of commerce
  and other related business which not contrary
  with sharia principle.
• 4. The profits sharing must clearly known by the
  parties, investor and mudharib

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Application of akad Mudharabah in banking finance

• working capital financing, working capital for
  companies engaged in industry, trade and services
• investment funds, for procurement of capital
  goods, fixed assets, etc
• specialized investment funds, banks act and
  positioning itself as the arranger that brings
  the interests of fund owners, such as foundations
  and non-bank financial institutions, with the
  entrepreneurs who require funding