It is essential for the validity of Mudaraba that the parties agree, right at the beginning, on an exact percentage of the real income to which each one among them is entitled. The Shariah has prescribed no specific percentage; as a substitute, it’s been left to their mutual consent. They can percentage the earnings in the same proportions, and that they also can allocate exceptional proportions for Rabaul-Maal and Mudaarib. However, in the extreme case where the events have not predetermined the ratio of income, the profit will be calculated at 50:50.
The Mudaarib & Rabaul-Maal cannot allocate a lump sum amount of earnings for any party, nor can they determine the percentage of any birthday celebration at a particular price tied up with the capital. For instance, if the capital is 10,000 Pound Sterlings, they can’t agree on a situation that 1,000 Pound Sterlings out of the earnings shall be the proportion of the Mudaarib, nor can they are saying that 20% of the capital will be given to Rabaul-Maal. However, they could agree that 40% of the real profit shall visit the Mudaarib and 60% to the Rabaul-Maal or vice versa.
It is likewise allowed that special proportions are agreed in unique situations. For example, the Rabaul-Maal can say to Mudaarib, “If you change in wheat, you will get 50% of the profit, and in case you trade in flour, you will have 33% of the profit”. Similarly, he can say, “If you do the enterprise on your city, you may be entitled to 30% of the profit, and in case you do it in any other city, your share will be 50% of the income”.
Apart from the agreed percentage of the profit, as decided in the above manner, the Mudaarib cannot declare any periodical profits or a charge or remuneration for the work completed using him for the Mudaraba. All schools of Islamic Fiqh are unanimous on this point. However, Imam Ahmad has allowed the Mudaarib to attract his day-by-day food handiest expenses from the Mudaraba Account. The Hanafi jurists restrict this right of the Mudaarib best to a situation while on a commercial enterprise ride outside his own city. In this situation, he can declare his non-public expenses, accommodation, food, and so on. But he isn’t always entitled to get something as everyday allowances while he is in his very own town.
If the commercial enterprise has incurred a loss in some transactions and has won income in a few others, the earnings will be used to offset the loss at the first example, then the remainder, if any, shall be distributed between the parties consistent with the agreed ratio. The Mudaraba will become void (Fasid) if the profit is fixed in any way. In this example, the complete quantity (Profit + Capital) might be the Rabaul-Maal’s. The Mudaarib will be an employee earning Ujrat-e-Misl. The ultimate quantity could be referred to as (Profit). This income might be shared in the agreed (pre-agreed) ratio.
However, if Rabaul-Maal gives complete freedom to Mudaarib to undertake whatever enterprise he deems fit, this is referred to as Al Mudaraba Al Mutlaqah (unrestricted Mudaraba). However, Mudaarib can not, without the consent of Rabaul-Maal, lend money to all of us. Mudaarib is allowed to do anything that is typically achieved inside the path of commercial enterprise. However, if they need to have extraordinary work past the traders’ routine, he cannot accomplish that without specific permission from Rabaul-Maal. He is likewise no longer authorized to:
(1). In Musharaka, all companions invest, however in Mudaraba Finance, the simplest Rabaul-Maal invests.
(2). In Musharaka, all partners take part in the management of the business and may paintings for it. However, in Mudaraba, Rabaul-Maal has no right to participate in the control, which is finished by the Mudaarib simplest.
(3). In Musharakha, all companions proportion the loss to the extent of the ratio of their investment. But in Mudaraba, the simplest Rabaul-Maal suffers loss because the Mudaarib does not make investments something. However, that is difficult to a condition that the Mudaarib has labored with due diligence.
(4). In Musharaka, the liability of the companions is generally unlimited. If the enterprise’s liabilities exceed its property and the enterprise is going into liquidation, all of the exceeding liabilities will be borne pro rata utilizing all partners. But if the partners agree that no partner shall incur any debt during the course of enterprise, then the exceeding liabilities will be borne by way of that partner on my own who has incurred debt at the business in violation of the aforesaid situation. However, in Mudaraba, the liability of Rabaul-Maal is constrained to his funding, except he has permitted the Mudaarib to incur money owed on his behalf.
(five). Once the partners mix up their capital in a joint-pool in Musharaka, all the belongings come together with owned using all the partners and the percentage of their respective investment. All companions enjoy the appreciation in the assets’ value even though income has not been gathered through sales. In Mudaraba financing, the products bought by way of the Mudaarib are solely owned by using Rab’ul-Maal. The Mudaarib can earn his share in the earnings only in case he sells the products profitably.
