TERMINATION OF MUDARABAH AND MUSHARAKAH TERMINATION OF MUDARABAH 1)Mudarabah is terminated when it is cancelled or when a mudarib is prevented from using the fund or when he is dismissed. In this case, the mudarib is entitle to his claim in the profit. If capital is in the form of goods cancellation of mudharabah, prevention of mudarib, or his dismissal can only take place after the good are sold. The action of the mudarib who is unaware of the cancellation, prevention, or dismissal is binding on the sahih al-mal. 2)When mudharabah which is for the fixed period of time expires. 3)If either party loses its legal capacity. 4)If one of the conditions in restricted Mudharabah is violated. 5)If Mudarib fails in his duties due to his negligence or deliberate loss. 6)If the capital is destroyed in the hands of mudharib. 7)If either parties dies and if the investor dies the mudarib has no right to continue mudharabah.Any further use of the capital depends on the permission of
Distribution of the Profit in Mudarabah It is necessary for the validity of Mudharabah that the parties agree, right at the beginning, on a definite proportion of the actual profit to which each of them is entitled. No particular proportion has been prescribed by the Shari’ah; rather, it has been left to their mutual consent. They can share profit in equal proportions for the rabb-ul-mal and the mudarib. However, they cannot allocate 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. For example, if the capital is RM10000, they cannot agree on a condition that RM10000 out of the profit shall be the share of the mudarib, nor can they say that 20% of the capital shall be given to rabb-ul-mal. However, thet can agree that 40% of the actual profit shall go to the mudarib and 60%to the rabb-ul-mal or vice versa. It is also allowed that different proportions are agreed in different situations. Fo
Four main types of contractual partnership: -Sharikah al-Abdan -Sharikah al-Wujuh -Sharikah al- Mufawadha -Sharikah al-'Inan Sharikah al-Abdan Can a partnership where two or more professionals agree to work in partnership and share their earning together by contributes their skills and effort but not capital ? and the profit distributed among partner according to an agreed ratio (distributed between them irrespective of the volume of the work each partner has actually done).? Shafie school: Rejected because of uncertainty(gharar), absent of capital and the labour and efforts cannot be calculated. Hanafi : According to Hanafi school, the contract is designed to gain profit, which is possible to attain. Sharikah al-Wujuh Can two person become partners by agreeing to purchase goods jointly upon their personal credit and to sell them on their joint account.However, both partner do not contribute any capital and they purchase commodities at a deferred price and sell the
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