1. Definition
In terminology, ie capital owners submit their capital to workers (traders) to be traded, while trading profits that belong together and divided by mutual agreement.
In the event of a loss in trade, the losses are borne entirely by owners of capital. This definition indicates that a left to the workers (trade expert) it is a form of capital, not the benefits such as rental homes.
In the event of a loss in trade, the losses are borne entirely by owners of capital. This definition indicates that a left to the workers (trade expert) it is a form of capital, not the benefits such as rental homes.
1. Legal Basis and Mudharabah
Mudharabah in allow in Islam, because it aims to help each of the investors with an expert in play money. The reason given by the scholars of fiqh on the permissibility of this cooperation is the verse in Surat al-Muzzammil, 73:20, which reads:
"There is no sin for you to seek the gifts (fortune trading results) from your Lord .."
1. Pillars and Terms Mudharabah
There are different views Hanafi scholars with scholars in establishing harmonious jumhur mudharabah. According to the Hanafi harmonious mudharabah only consent (an expression of capital transfer from the owner) and qabul (expression of approval to receive capital and manage the capital of the merchant). According to scholars harmonious jumhur mudharabah agreement consists of people, capital, profits, employment.
Terms mudaraba:
1) 1. The person must be competent to act agreement law.
2) 2. Related to the capital: in the form of money, obviously the amount, in cash, and handed over to the managers of capital
3) 3. Related to profit: Profit sharing should be clear as a third, a quarter of half.
2. Distribution Mudharabah
According to scholars of fiqh mudarabah in the two types, namely: Mudharabah muthlaqah (capital surrender unconditionally, without conditions and restrictions) and Mudharabah muqayyadah (transfer of capital to the terms and certain limitations).
3. End Akad Mudharabah
The scholars of fiqh states that Akad Mudharabah declared void in any of the following:
1. 1. Each party to declare the contract void, or workers prohibited for legal action against the capital attract capital.
2. 2. One person died agreement
3. 3. One person lost skills agreement legal act, like crazy.
4. 4. Capital Similarly, owners of capital before the manaj by workers.
Similarly, mudaraba canceled if the capital was spent by the owners of capital so that no longer are allowed dimanaj (manager) by the worker.
