Day-04 of IBPD Program
Day-04 of IBPD Program
Day-04 of IBPD Program
Partnership
Sale Based Rental Based
Based
- Diminishing - Mudarabah
- Salam
Musharakah - Musharaka
- Istisna
Sale and Lease Back
Islamic Modes of Financing
Unrestricted
Permanent
Declining
Working
Islamic Modes of Financing
Shirkah / Musharaka
Shirkah / Musharaka
Shirkah / Musharaka
• The word sharikah is used in the literal sense to mean mixing or mingling.
• Sharikah or Partnership implies an underlying idea of mixing share in such a way
that one of them cannot be distinguished from the other.
Al Inan )(العنان
Shirkat-ul-
Aamaal
Shirkah )(شرکۃ )(شرکۃ االعمال Mufawadah
)(المفاوضۃ
Shirkat-ul-
Milk
)(شرکۃ الملک voluntary
Shirkah / Musharaka
Shirkah
Shirkat-ul-Milk Shirkat-ul-Aqad
Joint ownership of two or more persons in a Joint venture of two or more persons
particular property with out any with commercial intention.
commercial intention.
Difference Between
Shirkat-ul-Aqd and Shirkat-ul-Milk
Shirkat-ul-Milk Shirkat-ul-Aqd
1. It is a contract that can be established 1. It is a binding contract always established
with or without mutual agreement. through mutual agreement.
2. It creates joint ownership of an asset 2. In this the parties intend to share profits
without the intention to earn profit. earned from the Shirkat asset.
3. Each partner is stranger with respect to 3. Each partner acts as an agent for the
other’s share. others.
4. Both the profit and losses will be 4. Profit will be distributed as per agreed
distributed according the ratio of ratio and loses according to investment
ownership. ratio.
5. Dissolution happens through the 5. Dissolution depends on the terms of the
division of the jointly-owned asset contract & mutual consent of the parties.
Musharaka
Basic conditions
Musharaka
Rights of partners
Deprived
Every partner has right to take part in management
unless he expressly withdraws this right and opt for
nonworking status
No Priority
Any term that provides guarantee from one partner to
other of capital, part of capital, profit or part of profit
is invalid
Capital of Mushraka
✓ One or more partners may decide not to work for the Musharakah
and work as a Sleeping partner.
Sharing Musharaka Profit
➢ It is not allowed to specify a fixed remuneration to a partner of Musharaka who
manages funds or provides some form of other services, such as accounting.
➢ However, it is permissible to give him a greater share of profit than he would receive
solely on the basis of his share in the partnership capital.
➢ The ratio of profit distribution must be agreed at the time of execution of the contract.
It must not link with capital ratio.
➢ The ratio must be determined as a proportion on the actual profit earned by the
enterprise.
➢ Sleeping partners cannot get more percentage than their capital share.
➢ No guarantee can be given by the partners for the payment of Principal or Profit.
Sharing of Loss in Musharaka
➢ As a matter of principle the loss has to be shared according to the
ratio of capital contribution;
➢ Partners are not allowed to adopt any other mechanism except the
mechanism that ensure distribution of loss among partners on pro
rata basis
- No one is liable except in cases of breach of the contract, misconduct or proven negligence.
- Negligence will be considered to have occurred in any of the following three cases:
(i) A partner does not abide by the terms and conditions of thecontract;
(ii) A partner works against the norms of the concerned business;and
(iii) The established ill-intention of a partner.
- One partner can demand from another partner to provide any surety, security or pledge to
cover the case of misconduct and negligence.
Musharaka termination
➢ Musharakah terminates in any of the following event:
Death of a partner during the Musharakah;
➢ Heirs of the deceased partner have option either to draw the share of
the deceased from the business, or to continue with the contract of
➢ Musharakah;
➢ If any one of the partners becomes insane or otherwise becomes
incapable of effecting commercial transactions, the Musharaka stands
➢ terminated.
➢ In normal course of business, every partner has a right to terminate the
Musharakah at any time after giving notice to other partner;
➢ In this case, if all the assets of the Musharakah are in cash form then they
will be distributed pro rata between the partners;
➢ In case they are mixed assets the partners may agree either on:
Physical distribution of the assets among partners; or
➢ Liquidation of the assets in open market (market price); or
➢ Internal liquidation i.e. purchasing from one partner share of other at
any agreed price between them;
Musharaka termination
➢ In case a partner wishes termination of the Musharakah, while
others do not, this can be achieved by mutual consent;
➢ The partners who wish to run the business may purchase the
share of the other partner who wants termination;
➢ The reason is that the termination of Musharakah with one
partner does not imply its termination between other partners;
➢ However, in this case, the price of the share of the leaving partner
has to be determined by mutual consent;
➢ In case of dispute on the valuation of the share the leaving
partner may compel other partners on the distribution of the
assets;
➢ However, if they are not divisible then the partner may an
arbitrator to solve the dispute;
Musharaka – uses in banking
➢ Musharakah is top preferable mode of financing recommended
by Islam;
➢ It one of the important factors that help in achieving ‘distribution
of wealth’ which is a key feature of Islamic financial and economic
➢ system;
➢ As Mudarabah, Musharakah is also not a vastly practiced Islamic
mode of financing by Islamic banks due to certain reasons;
However, Musharakah could easily be used as a vast mode of
➢ financing for almost every financial need;
➢ Below are some fields where this mode can easily be applied:
Long-term Finance;
➢ Running Finance (limited scope);
➢ Investment Banking;
➢ Project Financing;
➢ Private Equity Investment;
➢ Redeemable capital investment.
Diminishing Musharakah
Diminishing or declining Musharakah is just a
Shirkat / Musharakah (partnership) between
two or more persons
The additional feature of DM is decreasing
ownership of one party through purchase by 01
one and selling by other
Rs
----------Time------->
Running Musharakah
• Running Musharakah product will enable the Customer to draw and deposit
funds against a Running Musharakah finance limit offered by Bank as an
alternative to Running Finance facility offered by Conventional Banks.
• Running Musharakah will be used to finance Customer’s Operating Activities
only based on the principles of Musharakah, in which the Customer and the
Bank will act as partners.
• The Bank and the Customer will enter into Musharakah, based on Shirkat-ul-
Aqd wherein:
➢ The Bank and the Customer will invest in the identified primary
Operating Activities (or any identifiable segment thereof) of the
Customer’s business, and
➢ Participate in the profits/ generated by the Musharakah as per agreed
Profit sharing ratio or participate in the loss generated by the Musharakah in
proportion to their respective Investment ratio.
Application of Running Musharakah
Bank’s Running Musharakah Investment:
• The Customer may draw funds from this limit as and when required only for the
purpose of financing its operating activities and pay whenever it has excess
liquidity. Hence, Bank’s investment in this business will vary from time to time
subject to a maximum Running Musharakah Facility Limit.
• Bank’s Running Musharakah Investment will be equivalent to the average
outstanding balance of the Customer’s RM Account maintained with bank
calculated on daily product basis over the Musharakah Period.
Profit Ceiling:
The Profit Ceiling Amount will be equivalent to the product of Total Average
Musharakah Investment and the Target Profit Rate.
The Target Profit Rate may be specified for each Musharakah period and agreed
between the Bank and the Customer at the beginning of each relevant Musharakah
period. This Target Profit Rate will be linked to a well-known benchmark e.g. KIBOR.
Application of Running Musharakah
Provisional Profit Payment:
➢ The Bank may receive a Provisional Profit Payment from the Customer based on the
Target Profit Rate at the end of each month/ quarter/ half year as agreed with the
Customer at the start of Musharakah period.
➢ However, any Provisional Profit Payment will be subject to final settlement on the basis
of actual Running Musharakah Profit computed on the basis of Customer’s books of
accounts/ financial statements for the relevant Period as soon as these are available.
Running Musharakah Profit:
➢ At the end of Musharakah Period, the Bank & the Customer will share the Profit
calculated at the end of Musharakah period after availability of monthly/ quarterly/ half
yearly/ Annual audited Accounts after adjusting for Indirect costs (such as depreciation,
rents, property taxes and repairs & maintenance) and direct expenses reported
elsewhere (such as Bad debts expense, diminution in value of stock, etc.).
➢ Adjusted Cost of Goods Sold/ Adjusted Musharakah Expense of the Musharakah Period
will be deducted from Net Sales, which will then be adjusted for Direct Expenses to
arrive at the Musharakah Profit.
Application of Running Musharakah
Running Musharakah Profit:
➢ Adjustments for various indirect expense components need to be
determined/ agreed on customer to customer basis in consultation with
Shariah team before entering into the transaction as different customers
have different business models..
Loss Sharing:
➢ The Running Musharakah Loss (if any) shall be shared between the Bank
and the Customer in proportion to their respective Investment ratio.
Summary for Musharaka
Capital Contribution:
➢ Each partner must contribute capital, which can be in the form of cash or non-cash
assets like property, equipment, or skills or goodwill.
➢ Capital can be contributed equally or unequally, depending on the agreement between
the parties.
Profit and Loss Sharing:
➢ The profit-sharing ratio must be agreed upon and specified at the time of contract
formation.
➢ Profit distribution can be unequal, but sleeping partners shall not take more than
investment ratios.
➢ Losses must be shared strictly in proportion to the capital contribution of each partner.
Summary for Musharaka
Management and Decision-Making:
➢ All partners have the right to participate in the management of the venture.
➢ Alternatively, partners may choose to appoint one or more managing partners to handle
operations on their behalf.
Termination:
➢ The partnership can be dissolved upon mutual agreement, at a specified term, or when
the objective of the partnership is fulfilled.
➢ Any partner can withdraw from the partnership at any time, provided there is no clause
restricting such withdrawal.
➢ Partners can also opt to buy out each other's shares or terminate the partnership due to
certain predefined conditions.
Musharaka vs Mudarabah
Mudarabah Musharakah
Investment from Rub-ul-Maal Investment from each partner
Only Rub-ul-Maal will bear loss if Each partner will bear loss according
not due to Mudarib’s negligence to investment ratio
Profit between Rub-ul-Maal & Mudarib Profit Ratio of a Non-working partner
will be according to PSR. cannot be more than investment ratio.
Mudarabah
Mudarabah
A partnership whereby one party provides capital and the other party
provides Labor/Services.
• Investor is called “Rabb-ul-Maal” and
• The working partner is called “Mudarib”
• Investment is called “Raas-ul-Maal”.
Mudarabah
Mudarabah Mutlaqah (Un-Restricted Mudarabah)
• In this type of Mudarabah working partner can do any profitable business according to
its market norm.
AMEEN (Trustee)
WAKEEL (Agent) Mudarib will not be responsible for any loss in
business without his negligence.
Mudarib is bound to comply with the instructions of
Rub-ul-Maal as an agent / wakeel. SHAREEK (Partner)
In case of profit, Mudarib is partner in that
ZAMIN (Liable) businesses to the extent of his profit share.
If Mudarib do not comply with the instructions of
Rab- ul-Mal, he is liable for loss.
AJEER (Employee)
If Mudarabah ends then Mudarib is entitled to get
compensation as if he was an employee (Ujrat-e-Misl).
Mudarabah
Rules in Mudarabah
Mudarabah
Mudarabah
Mudaraba Capital:
➢ The capital of Mudaraba should be in form of known cash as a
matter of principle;
➢ However, tangible assets could also be accepted if valued with
mutual consent.
➢ In such case the determined value of the assets will be the
Mudaraba capital;
➢ The Capital of Mudaraba should be clearly known to the
contracting parties and defined in terms of quality and
➢ quantity;
➢ The capital should be in hand, therefore, receivables (debt
etc.) can not be capital of Mudaraba;
Mudarabah
Mudaraba Capital:
➢ Example
Deposit can be defined as a sum of money placed or kept in a bank account usually to
gain interest. (Oxford Dictionary)
▪ Deposits made in the conventional banks are Qard according to Shariah not
Amanah as generally believed since according to Shariah
✓ Amanah cannot be used by the holder.
✓ Bank cannot be held responsible for any loss or damage suffered by
Amanah without his negligence.
Types of Investment
Accounts
Investment
Certificates
Remunerative
Savings
Types of Deposit Accounts
• Current Accounts The Islamic current account products are offered on the
basis of Qard where the principal amount of the customers are
guaranteed.
Tawarruq Mudharabah
Qard Wakalah
Recap
• Saving Account;
General Deposit
Pools (PKR & FCYs)
Specific
Equity Pool Customers’
Pools
Pool management
CREATION OF POOLS
• IBIs shall have a well-defined profit and loss distribution and pool
management framework for creation of one or more pools of assets to
be financed by different types of Mudaraba-based (individual,
corporate or financial institutions) deposits. The framework shall
interalia specify the objectives, investment strategy, and risk
characteristics of each pool.
Weightages
Weightages
• The weightages to different categories of deposits in a pool shall be
assigned based on parameters / criteria defined in the pool
management framework.
• The weightages shall be announced at least 3 working days before the
beginning of period concerned and shall not be changed during the
period.
• The maximum weightage to the Mudaraba based deposit of any nature,
tenor and amount shall not exceed 3 times of the weightages assigned
to saving deposits.
Disclosure requirements
Disclosures in Notes to Financial Statements:
• The number and nature of pools maintained by the IBI along with their key features and risk & reward
characteristics.
• Avenues/sectors of economy/business where Mudaraba based deposits have been deployed.
• Instructions For Profit & Loss Distribution and Pool Management for Islamic Banking Institutions (IBIs)
• Parameters used for allocation of profit, charging expenses and provisions etc. along with a brief description of
their major components.
• Mudarib Share (in amount and Percentage of Distributable income).
• Amount and percentage of Mudarib share transferred to the depositors through Hiba (if any).
• Profit rate earned vs. profit rate distributed to the depositors during the year.
DEPOSITS ASSETS
Income Expenses
Note: The above example is of a Profit Distribution scenario, where the Bank’s own equity is not involved.
Statement of Inventory of an Islamic Bank
Conclusion