Musharakah

Musharakah (Partnership): The Arabic word musharakah is a derivative from the root word sharaka, which literally means sharing, and mixing shares of two or more parties to make them interchangeable. Technically, Hanafi scholars define musharakah as contract between partners on both capital and profit. The Malikis define it as permission to transact where each of the partners permits the other to transact with the partnership property while at the same time retaining his own right to transact with the same property (Al-Dardir, Al-Sharh Al-Kabir, 3/348). Shafi'i scholars define partnership as confirmation of the rights of two or more people over a common property (Al-Sharbini, Mughni Al- Muhtaj, 3/221). According to Hanbali scholars, it is the amalgamation of rights or the freedom to use (Ibn Qudamah, Al-Mughni, 5/3). See ISRA Islamic Financial System: Principles and Operations for further details.

Total Fatwas : 109
No. Title
1 Resolution No. 148 (6/16): Al-Kafalatu Al-tijariyyah (Commercial Guarantee)
2 Obtaining LCs Without Adequate Funds
3 Resolution No. 156 (5/17): The Completion Of Sukuk Al-Musharakah: The Components Of Its Assets
4 Can One Partner Lease his Half of a Jointly Owned Asset to Another Partner?
5 Can the Public Be Invited to Invest in an Unbuilt Real Estate Project If the Land and Designs Are Ready?
6 Issue Of Partial Completion in Istisna'a
7 Finance jointly with a usurious financer
8 Can a Trucking Company Charge Its Truckers a Commission for Acting as an Intermediary with the Government?
9 Is it Lawful for the Government to Provide a Guaranteed Minimum Profit on a Project?
10 What Is the Ruling on the Agreement for Purchase and Resale of a Plane Where KFH Purchases It Through a Partnership and Sells It Through Murabahah?

 

ADVERTISEMENTS

 

 


I-FIKR Sponsors