Mudarabah Financing in Islam
Mudarabah: mudarabah or partnership in the profits of capital and
labour, is a partnership in which one party is entitled to profit on account of
its capital while the other party is entitled to profit on account of its
labour. This is considered to be the purest form of Islamic financing, because
profits are shared in pre-agreed proportions and losses are shared in
proportion to the investment made by each investor. On loss, there is unanimity
among Muslim jurists on the principle that a party who has no capital invested
does not have to share the loss. Mudarabah
is an important variant of Shirkah (partnership), in which a
financier as an investor (rabbulmal) or a group of investors provides
capital to an agent or manager (mudarib), who undertakes to do business
with the capital provided and the profit is shared according to the pre-agreed
proportions. The term “Mudarabah” is interchangeably used with Qirad and
Muqaradah.
Rules relating to Mudarabah Capital
The rabbulmal (the capital-provider or financier) is
responsible for providing the capital for the business enterprise and should
hand over the capital to the mudarib before the mudarib starts
the business. The mudarib may also employ his capital with the
permission of the original capital provider. All losses must be borne by the
capital-provider, in other words the financier.
Rules regarding to Profit and Loss
Profit from the business under mudarabah is to be shared in
an agreed ratio. In Mudarabah, the payment of profit to the
capital-provider/financier cannot be in the form of a fixed amount or any
percentage of the capital employed. The risk for the investor is that any loss
is always exclusively borne by him. The risk for the mudarib is the loss
suffered by way of expended time and effort, for which the mudarib does not
get any remuneration on account of the loss in the business venture. Any ambiguity
or lack of clarity regarding capital or ratio of profit makes the mudarabah
contract invalid. The rabbulmal (the capital-provider) can contribute
his/her labour subject to the permission of the mudarib.
Both the parties of a mudarabah are at liberty to agree on
the proportion or ratio of profit-sharing between them with mutual consent.
They can agree on equal sharing or allocate different proportions. However, a
lump sum amount or profit/return on investment for any of the parties cannot be
agreed upon. The profit earned is to be divided in the strict proportion agreed
at the time of the contract. If loss occurs in some transactions and profit is
realised in some others, the profit can be used to offset the loss in the first
instance, then the balance, if any, can be distributed between the parties
according to the agreed ratio.
The parties in mudarabah can agree with mutual consent that
in the event the profit is over a particular ceiling, then one of the parties
would take the additional profit. However, if the profit is below, or equal to,
the stipulated ceiling, then the distribution will be according to the agreed
ratio. The profits realised from the mudarabah business cannot be
finally distributed until all the expenses have been paid, in accordance with
custom and the original agreement.
Use of Mudarabah by Islamic Banks
Mudarabah is a viable basis for Islamic banking whereby an Islamic bank
plays the role of a financial intermediary. The arrangement can be made
adopting a two-tier mudarabah agreement. The first tier of the mudarabah agreement
is between the bank and the depositors, who agree to put their money in the
bank’s investment account and to share the profit with it. In this case, the
depositors are the capital providers (rabbulmal) and the bank functions
as a manager of the funds. The second tier of the mudarabah agreement is
between the bank and the entrepreneur, who seeks financing from the bank; they
agree that the profits accruing from the business will be shared between them
and the bank in an agreed proportion, but any loss will be borne by the
financier only (the bank). In this instance; the bank functions as the provider
of the capital and financier while the entrepreneur works as a manager. In cases
where there is more than one financier of the same project (one project jointly
financed by several banks), profits are to be shared in a mutually agreed
proportion previously determined, but any loss is to be shared in the
proportion in which the different financiers have invested the capital.
Mudarabah is the basis of Islamic banking in the sense that funds are
mobilised by banking and non-banking financial institutions mainly under this
arrangement. Islamic banks, other financial institutions, a mutual fund or a
company can also mobilize funds for investment by issuing negotiable Mudarabah
Certificates, representing ownership in the funds collected and providing for
the profit earned from the investment of those funds to be distributed on mudarabah
principles. The investment can be related to the financing of specific
projects for a fixed duration. As defined by the Islamic Fiqh Academy of the
OIC, Mudarabah Certificates are investment instruments, which mobilise
the mudarabah capital by floating certificates as evidence of capital
ownership, on the basis of shares of equal value, registered in the name of
their owners, as joint owners of shares in the venture capital or whatever shape
it may take, in proportion to the each one’s share therein. If the funds so
mobilised are also invested on the basis of mudarabah, it will be arrangement
of a two-tier mudarabah and the investors would get a variable return or
bear loss according to the result of the economic activity conducted by the
institution.
If any individual or institution serving as mudarib is
doing business on the basis of trade and ijarah-(leasing)-based modes,
the investors / financiers receive a fixed or quasi-fixed return to be
distributed on mudarabah principles. A Mudarabah Sukuk (bond) can
also be issued on the mudarabah principle. On the assets side, mudarabah
is best suited for project-and trade-financing. Islamic banks can undertake
project financing through a mudarabah singly or through syndication with
other banks. It can be used for financing import trade on a single transaction
or a consignment basis in the case of a firm order and a letter of credit without
margin, where the whole investment has to be made by the bank. Its use is also
possible for running businesses and for the purpose of securitisation. In a
twotier mudarabah arrangement, the bank acts as a mudarib (agent
of manager) for the savers / investors and as financier for the entrepreneurs.
If the bank employs the client’s deposits without committing any of its own, it
acts as mudarib for the client until the conclusion of the business
transaction for which the funds were invested. The bank receives an agreed
share of the profit for services rendered. Banks provide funds on the basis of mudarabah
usually for single transactions or for fixed durations. Similarly, mudarabah
can be for the whole business of a company or for any specific project
whose expenses and revenues can be segregated from the main business. The
accounts of mudarabah projects are periodically audited in order to
determine the distributable profit, which is arrived at after taking into
account all expenses. The liability of the Islamic bank under mudarabah is
limited to the amount of capital provided by the bank and the creditors of a mudarabah
have no recourse to other assets of the bank.
In cross-border financings, exchange risk, political risk and the
stability of the country concerned have to be taken into consideration before
signing a financing contract on the basis of mudarabah. The bank may
also closely monitor the performance of the mudarib during
implementation of the project in order to ensure that there are no completion
delays, cost overrun, material pilferage, etc. If the financing contract permits,
the bank may appoint its representative to the Boards of the financed institution.