Chapter 9 Accounting For Musharaka Financing
Chapter 9 Accounting For Musharaka Financing
Chapter 9 Accounting For Musharaka Financing
"وإن ﻛﺜ ﺮاً ﻣﻦ اﻟﺨﻠﻄﺎء ﻟ ﺒﻐﻲ ﺑﻌﻀ ﻢ ﻋﻠﻰ ﺑﻌﺾ إﻻ اﻟﺬ ﻦ آﻣﻨﻮا وﻋﻤﻠﻮا اﻟﺼﺎﻟﺤﺎت وﻗﻠ ﻞ ﻣﺎ
“Verily many are the partners in business who wrong each other except those who
believe and work deeds of righteousness and how few are they (Sad 38: 24)
ﻓﻠﻤﺎ، "أﻧ ﻛﺎن ﺷﺮ ﻚ اﻟﻨﺒﻲ )ص( ﻓﻲ أول اﻻﺳﻼم ﻓﻲ اﻟﺘﺠﺎرة: ﺣﺪ ﺚ ﺑﻦ أﺑﻲ اﻟﺴﺎﺋﺐ اﻟﻤﺨﺰوﻣﻲ:
." ﻻ ﺪاري وﻻ ﻤﺎري، ﻣﺮﺣﺒﺎ ً ﺑﺄﺧﻲ وﺷﺮ ﻜﻲ:(ﻛﺎن ﻮم اﻟﻔﺘﺢ ﻗﺎل اﻟﻨﺒﻲ )ص
al-Sa’ib Ibn Abi al-Sa’ib al-Makhzumi who was a partner of the Prophet peace be upon
him in business at the beginning of Islam. On the day when the Prophet peace be upon
him conquered Mecca the Prophet said when he met Saib Welcome my brother and my
partner. He jokes not (i.e. he is serious in business) and do not argue (unnecessarily)
(Al Hakim, 2/61)
Chapter 9
CHAPTER LEARNING OBJECTIVES:
At the end of this chapter you will, insha Allah you will be able to:
8. 1 Introduction
In this chapter, we will insha Allah, study the second partnership instrument i.e.
musharaka. Musharaka is a partnership between two or more persons with a number of
fiqh rules to protect the interests of all parties. Although, the Muslim world never
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developed its version of the joint stock company, the sharikah al’inan is the closest to a
joint stock company.
Islam leaves many of the details of the partnership to be agreed among the partner but as
with all muamalat contracts, there are certain fiqh rules to be applied. Some of the
distinguishing features of musharaka are:
1) it has a say in the management and running of the musharaka business, this allows for
control of agency costs and moral hazard problems.
2) losses are born in the capital contribution ratio, whereas in mudaraba, it is borne by the
bank.as the rabbul mal.
2) as a financial intermediary the Islamic bank might not want to get involved in the
management of the business due to lack of expertise or regulatory requirements.
However, in many jurisdictions, some leeway is given to Islamic banks to be more
commercial as opposed to being a strictly financing institution, although this is stll a
problem with many bank regulators.
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Definitions
8.2.1 Definition
Musharaka
Musharaka has been defined by AAOIFI as per FAS4 as follows:
A form of partnership between the Islamic bank and its clients whereby each
party contributes to the capital of partnership in equal or varying degrees to
establish a new project or share in an existing one, and whereby each of the
parties becomes an owner of the capital on a permanent or declining basis and
shall have his due share of profits. However, losses are shared in proportion to
the contributed capital. It is not permissible to stipulate otherwise.
Constant Musharaka
It is a Musharaka in which the partners’ shares in the capital remain constant
throughout the period as specified in the contract.
Diminishing Musharaka
It is a Musharaka in which the Islamic bank agrees to transfer gradually to the
other partner its (the Islamic bank’s) share in the Musharaka, so that the
Islamic bank’s share declines and the other partner’s share increases until the
latter becomes the sole proprietor of the venture.
Participation
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Types of Musharaka
TYPES OF MUSARAKA
According FAS4 , the characteristics of the different types of partnerships under Islam are
as follows;
Definitions
‘Inan partnership
It is a contract between two or more persons. Each of the parties contributes a portion of
the overall fund and participates in work. Both parties share in profit or loss as
agreed between them, but equality is not required either in the contribution to the
fund or in work or in sharing of profit (these being subject to agreement between the
parties). This type of partnership is approved by all Fuqaha.
Hanafis and Hanbalis allow any of the followings. Profits of the two parties to be divided in
proportion to their contributed funds; profits may be divided equally but contributed
funds may be different; and profits may be unequally divided, but contributed funds
are equal. Ibn Qudamah said: “preference in profit is permissible with the existence
of work, as one of them may be more knowledgeable in trade than the other and he
may be stronger than the other in doing the work, and thus he is allowed to make an
increase in his profit share a condition of his work”.
Malikis and Shafis make the acceptance of this type of partnership conditional on profits
and losses being proportionate to the size of contributions to the overall fund
because (according to them) profit in this type of partnership is considered to be
return on capital(1).
Mufawada partnership
It is a contract between two or more persons. Each of the two parties contributes a portion
of the overall fund and participates in work. Both parties equally divide profit or loss.
It is a condition of this type of partnership that contributed funds, work, mutual
responsibility and liability for debts be equally shared by the parties. Both Hanafis
and Malikis have permitted this type of partnership but have stipulated many
restrictions for it(2).
A’mal partnership
It is a contract between two persons who agree to accept work jointly and to share the
profit from such work. For example, two persons of the same profession or craft may
1
() Sayed Sabeq, Fiqh Assunah, part 3, p. 296; Abdel Aziz Al-Khaiyaat, op. cit., part 2, pp. 30-31; Al-Kasani, Badaie’ as
Sanaie’ fi Tarteeb Asharaie’, Vol. 6, p.57.
2
() Kasani, op. cit., p. 56; Ibn Qudamah Al-Mughnee, Vol. 6, p. 30.
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agree to work together and to divide the profit arising from such work on an agreed
basis. It is sometimes called abdan or sanaie’ partnership.
Al-Wujooh partnership
It is a contract between two or more persons who have good reputation and prestige and
who are expert in trading. Parties to the contract purchase goods on credit from
firms, depending for that on their reputation, and sell the goods for cash. They share
profit or loss according to the guarantee to suppliers provided by each partner.
Accordingly, this type of partnership does not require capital since it is based on
credit backed by guarantee. Hence, it is sometimes called a “receivables
partnership”.
3
() Ahmed Ali Abdulla, Legal Entity in Islamic Fiqh, (Sudanese Printing Press House, Khartoum, undated), p. 217 and
after.
4
() Abdel Aziz Al-Khaiyaat, part 2, op. cit., p. 37;. Ibn Qudamah, Al-Mughnee, op. cit. Vol. 5, p.6; Sayed Sabeq, Fiqh
Assunah, op. cit., p. 297.
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The Islamic bank provides capital along with the customer in a joint venture of an
already existing project or a new project. The profit sharing ratio (PSR) is agreed
beforehand in terms of percentage of the profits (and never on capital). Losses are
shared on the ratio of capital contributed. However, it is permissible to defer the
allocation of losses so that in order to be compensated by profits of subsequent periods.
MUSHARIK 1:
ISLAMIC BANK
MUSHARIK 2
$100,000
$200,000
INVESTMENT
PSR 50:50 LOSS
$30,000 LOSS ($40,000)
($20,000) $30,000
LOSS
($60,000)
PROFITS
$60,000
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Here the Islamic Bank (Musharik 2) contributes $200,000 to the project, while the other
partner (musharik 1) contributes $100, 000. The Profit sharing ratio (PSR) is 50:50
although the capital ratio is 2:1.If the venture makes a profit of $60,000, each partner
takes $30,000. However, if the venture makes a loss of $60,000, Musharik 1 bears only
(1/3) of the loss, hence 1/3x$60,000=($20,000) while the Bank bears 2/3 of the loss
which is (2/3x$60,000) =($40,000)
Those of you who have studied partnership accounting will notice, that in English law, the
partnership can enter into a Profit AND loss sharing agreed ratio, whereas in a
Musharaka, you cannot enter into a loss sharing agreement ratio. It is always in relation to
the capital contributed. Under English law, the same rule is applied using the legal rule in
Garner Vs Murray , in the case of partnership dissolution and one of the partners is
insolvent.
5
() Ibn Qudamah, Al-Mughnee, Vol. 5, Kitab Al-Wakalah, p.88 and after, Sayed Sabeq, Fiqh Assunah, Vol. 3, (Agency
Chapter), p. 226.
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The partnership is based on agency and Profit may vary between the partners if
probity. Each of the partners is a proxy for the they make this a condition of the
others and a principal at the same time. He contract. This is the opinion of Hanafis
acts in respect of his share as a principal and in and Hanbalis, and their argument is
respect of his partners’ shares as a proxy, i.e., based on the proposition that profit is the
6
( ) Al-Zailaei’, Tabieen Al-Haqaiq Sharh Kanz Alhaqaiq, part 5, p.30.
7
( ) Ibn Qudamah, Al-Mughnee, Vol. 5, p. 22.
10
( ) Refer to: Ali Al-Khafeef, Companies in Islamic Jurisprudence, pp. 29,30; Al-Bahr Al-Zukhar Al-Gami’ Lemathahib
Ulamma’ al Absar, part 4, p.82.
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as an agent. In principle, agency is one of the fruit of the interaction of funds and work.
unanimously permissible contracts and no one This is because one of the partners may
party is forced to proceed with it against his be more experienced, tactful and
will. The partnership, too, should start with an discrete than the other, and hence it is
agency relationship between the partners, permissible for him to require for himself
and this relationship provides the basis for its an additional share of profit in return for
continuity. If the agency relationship is severed his extra work contribution. The Hanafis
by termination on the part of one of the and Hanbalis support this argument by
partners, the legal basis upon which they following the saying of Ali bin Abi Talib
acted in respect of each other’s funds will be (may Allah be pleased with him): “Profit
eliminated(8). should be according to what they
(partners) stipulated, and the loss should
In the case of death, one of the heirs, if he is of
be proportionate to both funds.” This
sound mind, may replace the deceased
opinion assists in considering the role of
provided that the other heirs and the other
experience, tactfulness, courtesy and
partners agree to that. This shall also be
efficiency in achieving profit”(11).
applicable in case one of the partners loses
competency. Based on the second opinion the net
realized profits can be divided into two
parts:
Rules of loss a.profit is to be allocated according to
Fuqaha agree that loss should be divided the efforts of partners in doing the work.
between the partners in proportion to their b.profit is it is to be allocated according
respective shares in the capital. Fuqaha call to the share of each partner in the
this “wadhee’ah” (loss). They support this capital.
opinion by the following saying of Ali bin Abi
It is also permissible to allocate a
Talib (may Allah be pleased with him): “Profit
common share of profit to a third party
should be according to what they (partners)
whenever the partners agree to that,
stipulated, and the loss should be
e.g., a share for the poor and the needy
proportionate to both funds”. Ibn Qudamah
or to charitable organizations. It is also
says “we know not of any difference in this
permissible to allocate part of profits as a
matter among the scholars”(9). In the case of
reserve to support the future position of
on-going concerns, it is permissible to defer the
the partnership.
allocation of loss in order to be compensated
1/3/4
by the profits of subsequent periods.
8
() Ali Al-Khafeef, Companies in Islamic Jurisprudence, op. cit., p548.
9
( ) Al-Ainy, Al-Benaiyah Fi Sharh Al-Hedaiyah, op. cit., part 6, p.108; Ibn Qudamah, Al-Mughnee, part 5, p.37 (The case of
: Wadi’ah should be proportionate to the amount of fund).
11
( ) Refer to: Ibn Rushd, Bidayat al Mujtahid wa Nihayat al Muqtasid, part 2, p. 253; Al-Khateeb, Mughni Al-Mohtaj Sharh
Al-Manhaj, (Dar Ehia’ Al-Turath Al-Arabi, Beirut), part 2, p. 215; Ibn Qudamah, Al-Mughnee, part 5, pp. 30,31.;
Mahmoud Bin Ahmed Al-Ainy al Benaiyah Fi Sharh Al-Hedaiyah, part 6, p. 108.
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The Accounting rules for recognition and measurement for Musharaka capital is similar
to those of mudaraba except for losses. The following are some of the rules.
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(1) The Islamic bank’s share in Musharaka capital (cash or kind) is recognized
when it is handed over to the partner or made available to the partnership
under the title “Musharaka financing” in the balance sheet.
(2)If the bank’s share is in the form of trading or non-monetary assets, it should be
valued at fair value and any difference between the carrying amount of the
assets in the bank’s books and the fair value is recognized as profit and loss in
the income statement.
(3) Normally, contracting expenses ( e.g. feasibility studies, legal expenses) are not
recognized as part of the capital unless agreed by both parties.
(4) In the case of constant musharaka the Islamic bank’s share in the constant
Musharaka capital should be measured at the end of the financial period at
historical cost (the amount which was paid or at which the asset was valued at
the time of contracting).
(7) If the Musharaka is terminated or liquidated and the Islamic bank’s due share of
the Musharaka capital (taking account of any profits or losses) remains unpaid
when a settlement of account is made, the Islamic bank’s share shall be
recognized as a receivable due from the partner.
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IN CASH VALUED AT
ISLAMIC HISTORICAL COST
“MUSHARAKA
BANK APPEARS AS
CONTRIBUTES FINANCING” IN THE
CAPITAL EITHER BALANCE SHEET
OR IN KIND:
TRADING OR
NON MONETARY
VALUED AT FAIR
ASSETS VALUE
INCOME STATEMENT
CONSTANT
PROFIT/LOSS FROM MUSHARAK DIMINISHING
MUSHARAKA X A MUSHARAKA
ADD/(LESS)
GAIN/LOSS FROM SALE
OF MUSHARA SHARE
AT FAIR VALUE X
MUSHARAKA FINANCING AT
HISTORICAL COST X MUSHARAKA FINANCING AT
LESS ALLOWANCES FOR HISTORICAL COST x
DOUBTFUL FINANCING (X) LESS HISTORICAL COST OF
NET X SHARE SOLD TO PARTNER (X)
LESS ALLOWANCES FOR
DOUBTFUL FINANCING (X)
NET X
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(9) In the case of a constant Musharaka that continues for more than one
financial period, the Islamic bank’s share of profits for any period, resulting
from partial or final settlement between the Islamic bank and the partner,
shall be recognized in its accounts for that period when the profits are
distributed; the Islamic bank’s share of losses for any period shall be
recognized in its accounts for that period to the extent that such losses are
being deducted from its share of the Musharaka capital.
(10) The same as in (9) above applies to a diminishing Musharaka which
continues for more than one financial period, after taking into consideration
the decline in the Islamic bank’s share in Musharaka capital and its profits or
losses.
(11) If the partner does not pay the Islamic bank its due share of profits after
liquidation or settlement of account is made, the due share of profits shall be
recognized as a receivable due from the partner
(12) If losses are incurred in a Musharaka due to the partner’s misconduct or
negligence, the partner shall bear the Islamic bank’s share of such losses.
Such losses shall be recognized as a receivable due from the partner.
(13) The Islamic bank’s unpaid share of the proceeds as mentioned above shall
be recorded in a Musharaka receivables account. A provision shall be made
for these receivables if they are doubtful.
The following are the journal entries for Musahraka in the books of the Bank.
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Balance Sheet
Musharaka Financing* XX
Less: Provision for loss in Musharaka (XX)
Financing
Net Musharaka Financing XX
* Jointly or Self finance Assets
INCOME STATEMENT
Musharaka income XX
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Required:
Prepare extract of journal entries from the beginning until the end of the contract to
record the recognition of asset and profit/loss of Musyarakah Mutanaqisah
financing provided by Bank Syari’ah Malaysia Berhad based on the following
recognition methods:
(i)Cash basis
(ii) Accrual basis
Solution 8-1
a. Cash basis
Year 1
Dr. Musyarakah mutanaqisah Financing 400,000
Cr. Cash 400,000
Year 2
Dr. Cash 50,000
Cr. Musyarakah mutanaqisah Financing 50,000
Year 3
Dr. Cash (100,000 + 8,125) 108,125
Cr. Musyarakah mutanaqisah Financing 108,125
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Accrual basis
Year 1
Dr. Musyarakah mutanaqisah Financing 400,000
Cr. Cash 400,000
Year 2
Year 3
Year 4
Dr. Profit and loss 6,000
Dr. Cash 65,000
Dr.Receivable ( 35,000 – 6,000) 29,000
Cr. Musyarakah mutanaqisah Financing 100,000
Comments:
(i)Different basis of recognition ( i.e cash vs. accrual ) will lead to different
amount of profit recognized.
(ii)Accrual basis will lead to more complex recognition of profit / income .
(iii) When there is a loss, it needs to be set-off against the amount due to the
financing repayment.
(iivWhen the partner faced financial problem and did not pay as scheduled,
accrual basis require allocation of repayment after taking into account profit
and loss for that year.
(V)Accrual basis would provide true and fair reflection of profit /loss than
cash basis.
a) At the time of contracting, the bank provided cash to the amount of US$5,000,000.
b) At the time of contracting, the bank provided cash and assets in kind to the value of
US$5,000,000. The assets in kind were measured at fair value of the assets.
c) The US$5,000,000 was not inclusive of capital expenditure undertaken prior to
commencement of the project.
d) All of the above.
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2.
ii) If there are losses, the bank’s share of which will be limited to US$20,000.
iii) The bank will require Syed Alwi to provide guarantees, collaterals and performance
bonds to ensure that the risk of the bank is covered.
3. Which of the following arguments is true in verifying the validity of the contract:
a) The above contract is valid because the bank has to protect the shareholders capital and
depositors funds otherwise the entire financial system will collapse. This is in the interest of
promoting greater benefit for the community.
b) The above contract is invalid because the proper Shari’a contract is not mentioned in the
terms and conditions.
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c) The above contract is valid because building the science laboratories for the schools is
beneficial for the community.
d) The above contract is invalid because the risk and return of the partnership is not upheld
resulting in an imbalanced benefit accruing to one party over the other.
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6. Which of the following statements regarding profit sharing for the above contract
is true:
a) Profit should be divided among the partners according to contributed capital because profit is
the returns on capital.
b) Profit may vary between the partners and not proportionate to capital because profit is the
fruit of capital and labor.
c) The above contract is not valid hence none of the above profit sharing equations are valid.
d) Statements (a) and (b) are correct and the partners will have to agree on which approach to
adopt.
(Except for Question 2, the above are from the CIPA examinations of July, 2006)
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Question 9-1
In July 2001 Mandiri Agricultural Bank (an Islamic bank) signed a diminishing
Musharakah contract with Sahid agricultural corporation. Total capital for the
transaction was RM80,000 provided by the partners in the following
proportions:
Capital Contributions:
Agricultural Machinery
Year 2002 was a bad one. Due to rain short-fall and other reasons
Sahid Agricultural Corporation suffered a lot. The operating result
for the year ending 31 st of December 2002 was a loss of $10,000. The
bank share in this loss was immediately credited to its Musharakah
financing asset account. Moreover, the bank agreed to sell 25% of its
remaining share in the venture to the customer for $8,000. The
customer immediately settled this amount in cash. Due to the
apparent risks the bank was facing a provision equal to 50% of the
balance of the Musharakah financing account was created for the
purpose of the fmancial reports at the end of the year.
Required:
1. Calculate the profit sharing results at the end of200l and 2002.
2. Record the Journal entries for the Musharakah in the books of the
bank for the year 2001 and 2002.
Question 9-2
The bank’s share of the profits in year 1 and year 3 was duly paid to the
bank at the last day of the financial year. At the end of year 5, the bank
decided to terminate the agreement and it was agreed that the loss of
RM100,000 of the RM200,000 in year 5 was due to the negligence of Ali.
At the end of the year 5, Ali had still not paid the balance due from him.
Zakat at 2.5% was to be paid on the profits by each partner on his share
of the profits by himself.
Required:
(ii) If the venture was a mudharaba (the bank being rabbul maal)
and the profit sharing ratio was 60:40 for bank and Ali
respectively with the capital of the bank still at Rm400,000. Ali
commingled the RM400,000 and his own capital (RM600,000).
Mudharaba venture profits or losses to be apportioned in
proportion to capital contributed, prepare journal entries for the
above transactions (excluding zakat ) for the above 5 years.
Question 9-3
Ali entered into a mudaraba agreement with Bank Mualamat Bhd who
agreed to provide RM300,000 financing. Profit sharing ratio between Ali
and the bank in the ratio 4:6 respectively. Profits and losses for the first 4
years of the agreement were as follows:
The banks share of profit in any year was paid to the bank in the subsequent
year. At the end of year 4 It was agreed to convert the Mudharabah to a
Musharakah with Ali putting in RM100,000 as capital. The banks share of
profits for year 4 was not remitted to the bank but was ploughed back to the
new musharaka in addition to the balance of the bank mudharaba capital at
end of year 4. The new profit sharing ratio was Ali 60%, Bank 40%. The
results of the musharaka venture was as follows:
a. Provide Ledger T for all the relevant accounts for the transactions up to
year 10
b. An extract of the balance sheet and income statement up to year 10.