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the other, then this is not allowed, because it is a well settled rule in Shari
ah that one transaction cannot be made a pre-condition for another. Thus,
the relationship between the parties in a Diminishing Musharakah
arrangement in the first stage is that of lessor and lessee and at the later
stage is that of seller and buyer.
Types of Musharakah
-Shirkat-ul-milk (partnership by joint ownership)
-Shirkat-Ul-Aqd (Partnership by contract)
Shirkat-ul-milk (partnership by joint ownership) is the kind of Musharakah where by two or parts
jointly own the particular property. This kind of partnership can be done optionally(ikhtiar) when
the partners mutually decide to purchase the property to be owned by them for any intention
other than commercial. It can also be compulsory (ghair ikhtiar), i.e. happened automatically
without mutual agreement or any effort done by involved partners. The main case for this kind of
Shirkah is death of a person where by all his heirs inherit his property and become the owners of
this property naturally. It should be It should be noted that the ratio of the share of this property
is calculated according to Islamic laws of inheritance. Shirkat-Ul-Aqd (partnership by contract)
also known as join commercial enterprises, is the kind of Musharakah which come into existence
by a mutual contract for the purpose of being brief in duration where either the partners share
everything equally, i.e., capital, management, profit and risk are shared equally, this situation is
described by the term Shirkat-ul-mufawadameaning capital and labour at par, Or when the
partners share the capital, management, profit and loss unequally, this situation is termed as
Shirkat-ul-ainan Shirkat-Ul-Aqd can come into existence in three states; the first state Shirkatul-amwal (Partnership in commercial) where all partners involved allocates the investment
capital into commercial enterprise. The second state Shirkat-ul-aamal (partnership in services) is
the kind of Shirkat-Ul-Aqd where by all partners mutually commence to provide some service
for their customers, the kind of service provided can be different or linked to each other. The fee
charged from that service is distributed among the partners in agreed ratio irrespective to the
level of workload carried out by the partners. The third state Shirkat-ul-wujooh (partnership in
goodwill), in this state the partners do not have the investment at all, they purchase the products
on deferred price, by getting capital on loan because of their goodwill and sell them at spot and
distribute the earned profit at an agreed ratio.
Diminishing Musharakah (DM) is a form of co-ownership in which the client and the
bank share the ownership of a tangible asset in agreed proportion and the client
undertakes to buy in periodic installments of the proportionate share of the bank until the
title to such tangible asset is completely transferred to the client.
Diminishing Musharakah can be created only in tangible assets. Diminishing Musharakah
shall be limited to the specific asset(s) and not to the whole enterprise or business.
In case a client fails to honor the undertaking, as aforesaid with regard to the periodic payment
and purchase of sale of units as the case may be, the asset may be sold in the open market and the
bank aggrieved by such failure shall be entitled to recover:
Actual loss, defined as the difference between the market price and price mentioned in
the undertaking, if any, not being the opportunity cost.
Any gain on sale of property, shall be shared by the bank and the client in proportion of
their respective investment at the time of such sale.
He banks shall be entitled to recover outstanding periodic payments in respect of the
period for which the client has actually used or possessed the asset which shall be
payable to the bank.
Purchase of House
Construction of House
Renovation of House
Balance Transfer Facility (BTF)
The Client in the approved area of the bank makes the choice of house.
Bank & client enter into Musharakah agreement. In this agreement it is decided to
purchase the house jointly and ratio of investment by each other.
The property will be in the name of the client.
This is Shirkat-ul-Milk.
According to the ratio of ownership, each one is responsible for the loss.
Bank divides its own part of asset into units, which is promised by the client to purchase
on pre-agreed price.
After taking possession of house, bank rent out its share to the client by execution of
Ijarah Agreement.
Rent may be fixed on prevailing market rate or with mutual consent.
Banks monthly profit may also be decided, as monthly rent of the house and principal
amount will be recovered in the unit price.
In Ijarah Agreement, a lump sum amount of rent is necessary to be fixed for a certain
period. Rent for the rest of the period, may be linked with agreed Benchmark.
Each unit will be purchased on the basis of Offer & Acceptance.
purchase of each unit. If the value of the business has increased, the price will be higher and if it
has decreased the price will be less. Such valuation may be carried out in accordance with the
recognized principles through the experts, whose identity may be agreed upon between the
parties when the promise is signed. The second option is that the financier allows the client to
sell these units to anybody else at whatever price he can, but at the same time he offers a specific
price to the client, meaning thereby that if he finds a purchaser of that unit at a higher price, he
may sell it to him, but if he wants to sell it to the financier, the latter will be agreeable to
purchase it at the price fixed by him beforehand. Although both these options are available
according to the principles of Shariah, the second option does not seem to be feasible for the
financier, because it would lead to injecting new partners in the Musharakah which will disturb
the whole arrangement and defeat the purpose of Diminishing Musharakah which the financier
wants to get his money back within a specified period. Therefore, in order to implement the
objective of Diminishing Musharakah, only the first option is practical.