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Mudharabah

Mudharabah . By: Noviana Dwi Hapsari 20090610019 International Program for Law and Sharia Universitas Muhammadiyah Yogyakarta. Content . Definition Legal Basic Kinds of akad mudharabah Elements of Mudharabah Application of akad mudharabah in banking finance. Definition .

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Mudharabah

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  1. Mudharabah By: NovianaDwiHapsari 20090610019 International Program for Law and Sharia UniversitasMuhammadiyah Yogyakarta

  2. Content • Definition • Legal Basic • Kinds of akad mudharabah • Elements of Mudharabah • Application of akad mudharabah in banking finance

  3. Definition • Cooperation agreement between the owner of the funds (shahibul maal) that provides all the capital needs of the business manager (mudharib) to conduct a joint venture activities.

  4. Cont… • Profits are divided according to the comparison (ratio) that has been agreed. • Any loss will be covered by the owners of capital, as long as not caused due to negligence act done by business manager. • While the losses caused due to negligence of the manager will be the responsibility of the manager of the business itself.

  5. Cont… • The legal basis is Q.S Al Jumu’ah (62):10 And then when the prayer is ended, then disperse in the land and seek of Allah’s bounty, and remember Allah much, that ye maybe successful . • Hadist of IbnuMajah • three things in which there were blessing: a tough sale, muqaradhah (mudharabah), and mixed wheat with flour for household, not for sale.

  6. Kinds of Mudharabah • 1. Mudharabah Mutlaqah Owner of the funds (shohib al mal) gives full freedom to the manager (mudharib) in determining the type of business and management scheme which he considers good and profitable, as long as not contrary to the sharia provisions.

  7. 2. Al Mudharabah al Muqayyadah The owners of capital (investors) handed over the capital to the manager and determine the type of business or place or time, or the person who will deal with Mudharib. The difference between them lies in the restriction of the use of capital according to investor demand

  8. Elements of Mudharabah 1. The existence of two or more actors namely investors (capital owners) and managers (mudharib). 2. The object of transaction consist of capital, business and profits • Based on the Ijma, the capital should be in a form of a currency unit • The capital that will be submitted should clearly known. • The capital should be specific • The capital directly given by the investor to the mudharib

  9. Cont… 3. The business should in the field of commerce and other related business which not contrary with sharia principle. 4. The profits sharing must clearly known by the parties, investor and mudharib

  10. Application of akad Mudharabah in banking finance • working capital financing, working capital for companies engaged in industry, trade and services • investment funds, for procurement of capital goods, fixed assets, etc • specialized investment funds, banks act and positioning itself as the arranger that brings the interests of fund owners, such as foundations and non-bank financial institutions, with the entrepreneurs who require funding

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