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Lecture 3 Classical Products
Lecture 3 Classical Products
TO HISTORICAL ISLAMIC
FINANCE PRODUCTS
MUDARABAH AND ITS
MODUS OPERANDI
The classical mudaraba was an arrangement in which a principal,
rab al-mal, entrusted his capital to an agent, mudarìb, who was to
trade with it and then return to the investor the original capital plus a
previously agreed-upon share of the profits. As a reward for his
entrepreneurship the agent received the remaining share of the
profits.
In general, profit and loss are shared according to the rule: profit
follows mutual agreement and loss follows the capital invested.
MODUS OPERANDI
Cash
K E
π Loss
Principal Agent
K+ (1-α) π
απ
THE SİMPLE MUDARABA
HAD THE FOLLOWİNG
CHARACTERİSTİCS:
1. There are two partners, a principal (Rab al-mal) and an agent
(Mudarib).
2. Entire capital is provided by the principal.
3. Agent contributes only his time, effort and knowledge. He does not
contribute to the partnership with capital.
4. Agent takes the capital and tries to generate profit with it.
5. Venture is concluded when the agent returns the original capital to
the principal.
6. Profit, if any, is shared either according to mutual agreement or
capital invested. This mutual agreement is in the form of percentages
and it is clearly stated in the contract at the beginning of the venture.
7. If there is loss, entire pecuniary loss accrues to the principal. Agent goes unpaid for
his effort but does not suffer any pecuniary loss.
8. In general, profit and loss sharing is done according to the Hanafite rule: profit
follows mutual agreement, loss follows capital. Since, in mudaraba, the entire capital
has been provided by the principal, entire pecuniary loss accrues to him. Principal
may lose his entire investment in the venture. But notwithstanding this, the principal’s
liability is limited in the sense that he is not responsible for the agent in transactions
with third parties. Indeed, third parties may not even be aware of the investor’s
existence. The responsibility for all contact with third parties resides with the agent.
9. Principal may lose all capital not beyond the original investment.
10. 3rd party not aware of the investors existence.
11. Mudharib may incur loss in negligence.
THE SIMPLE INAN
PARTNERSHIP
The most important characteristic of ‘Inan partnership is the
permission granted to each partner to invest different amounts. By
the same token, equal amount of investment but unequal distribution
of profit is also permitted. Moreover, the partners are not force to
invest their entire property.
In a simple ‘Inan partnership, the agent seeks greater profit share
than is possible in Mudharabah for which he agrees to shoulder
greater risk. He does this by contributing to the capital of the
partnership in addition to his entrepreneurship.
MODUS OPERANDI
Capital
K1>K2
Principal 1
(Rab al mal) 1
Joint Capital
K1+K2
Managed by
one or both of
the principals Profit Loss
K2
Principal 2
(Rab al mal) 2
Capital + Profit share as mutually agreed (Hanefite)
Capital + profit
( to both share as mutually agreed
principals)
K2
P2 Agent π Loss
Pn Kn
Profit on mutual
agreement
According to capital
contribution
CHARACTERISTICS OF
MULTIPLE MUDARABAH:
1. Partnership allows agent to pool the capital of several principals
– total capital entrusted with a single agent can be enhanced.
2. Purpose – economies of scale.
3. Sign separate agreement between all capital provider with 1
agent.
4. Profit – acccording to mutual agreement.
5. Loss – borne by the principals according to their capital
contribution.
6. Agent not liable for the pecuniary loss.
THE EXPANDED INAN
Permited for active ‘Inan partner to enter into a separate partnership
with a 3rd person. If the new partnership is unrelated to the basic
activity of ‘Inan – no need to obtain approval of other ‘Inan partners.
If the new partneship is related – permission is needed.
The active partner can mingle the capital of partnership with his own
capital so as to have a greater bargaining power vis-a-vis a 3rd party.
The active partner can use partnership capital to establish another
‘Inan partnership with a 3rd party.
MODUS OPERANDI
P2
K1 > K2
P1
Joint Capital Agent
K2 K1 + K2 P2K2
P2
Expanded ‘Inan
Profit on mutual agreement π Loss
K1 + K2 + P2K2
According to capital contribution
K3
P3
Mudarib`s
fee: 20%,
Depositor/ investor n can go upto
40%
Original capital plus
ca.80% of profits Remaining share of
the profits
Entrepreneur
n
Mudarib fee
20%-40 %