Name : Muhammad Fadlil Kirom

NIM : 1702066

1. Explain fatwa on Mudharabah and Mudharabah musytarakah

َ َ ‫ل بَ ْينَ ُكم أَ ْم َوالَ ُكم تَأْ ُكلُوا‬

‫ل آ َمنُوا الَّذِينََ أَيُّ َها يَا‬ ِ َ‫ل ِب ْالب‬
َِ ‫اط‬ َ َّ ‫ارةَ ت َ ُكونََ أَن ِإ‬
َ ‫َۚمن ُك َْم ت ََراضَ َعن تِ َج‬
ِ ‫ل‬ َ ُ‫ن َۚأَنف‬
َ َ ‫س ُك َْم تَ ْقتُلُوا َو‬ ََّ ََ‫َر ِحيما ِب ُك َْم كَان‬
ََّ ‫ّللاَ ِإ‬
O you who have believed, do not consume one another's wealth unjustly but only [in lawful]
business by mutual consent. And do not kill yourselves [or one another]. Indeed, Allah is to you
ever Merciful. (Al-Maidah : 29)

As we have learned, Mudharabah is a contract of cooperation between owner of the fund

(Shahibul mal) and the manager of the funds (Mudharib) , the funds come entirely from the
owner of the funds while the manager contributes to the work. If there is a profit will be divided
according to the agreed ratio based on the realization of profits, while if there is a loss that is not
caused by negligence of the fund manager will be fully borne by the owner of the fund, while the
fund manager will bear non-financial risk.

On the other hand, Mudharabah has various types, one of which is mudharabah
musytarakah, which is a mudharabah agreement in which the fund manager includes capital or
funds in investment cooperation. At the beginning of the cooperation agreement, the agreed
agreement was mudaraba with 100% capital from the owner of the fund (Shahibul Maal). After
the operation of the business with certain considerations and an agreement with the owner of the
fund, the fund manager (Mudharib) also invested in the venture. This contract is usually applied
in sharia insurance products that have an element of savings (savings) and non-savings products.
2. Explain similarities and differences between Types of Mudharabah

A. Differences

Types Investment Capital Sources Profit Sharing Losses

Management Calculation
Mudharabah Not bound Shahibul Maal Mudharabah profit Borne by
Muthlaqah sharing Shahibul Maal
Mudharabah Bound Shahibul Maal Mudharabah profit Borne by
Muqayyadah sharing Shahibul Maal
Mudharabah Bound Shahibul Maal Musyarakah and then Borne by
Musytarakah & Mudharib Mudharabah profit Shahibul Maal
sharing and Mudharib

B. Similarities

1. There is still Shahibul Maal and Mudharib

Although we know, that in mudharabah musytarakah they (shahibul maal and mudharib)
both provide funds, but it is still different from musyarakah. Because Shahibul Maal's job
here is only to be able to supervise, and not be able to interfere with business problems, it
is different from Musyarakah where all partners can run their business.

2. Pillar and Conditions

Of course even though each mudharabah system is somewhat different as there are
investment bound, and not bound. And there are also losses borne by both. These things
are still included in the mudharabah aspect. So the pillar and sharia conditions in each
mudharabah remains the same. Like the subject, mudharabah objects, ijab qabul, and
nisbah ratio.

3. Possibilities of magrib in Mudharabah

With every transaction, of course there is a possibility of a magrib on the transactions.

There are no transactions that do not have the possibilities of magrib. Including mudharabah. As
we know, mudharabah is an agreement between two people, Shahibul Maal and Mudharib.
Shahibul Maal may not require a certain amount for his part because it can be likened to usury,
that is asking for excess or compensation without any balancing factor allowed by sharia. Then on
the other hand, in Mudharabah Mutlaqah, Shahibul Maal gives freedom to fund managers in
managing their investments. But this freedom is not unlimited freedom at all. The fund cannot be
used to finance projects or investments that are prohibited by Islam such as speculation (maysir),
liquor trading, pig farming, or related to usury and so on. So it can be concluded, in the mudharabah
contract, there is a possibility of magrib. But that is because the factors of shahibul maal or mudarib
that violate the rules of the sharia. Therefore, if we become shahibul maal or mudharib later, we
must stay away from these forbidden things.
 REFERENCES

Nurhayati, S. (2017). AKUNTANSI SYARIAH DI INDONESIA EDISI 4. Jakarta Selatan: Salemba Empat.

Pembiayaan Mudharabah. (n.d.). Retrieved from TafsirQ: https://tafsirq.com/fatwa/dsn-

mui/pembiayaan-mudharabah-qiradh

Pembiayaan Mudharabah Musytarakah. (n.d.). Retrieved from TafsirQ: https://tafsirq.com/fatwa/dsn-

mui/akad-mudharabah-musytarakah