MODARBA: DEFINITION
An Islamic Finance Technique / Instrument
/ Contract / Mode of Non-Interest Islamic
Financial System
In which
A Lender / Silent Partner / Financier
Investor /RAB-AL-MAAL
And
A Borrower / Investment Manager
/MODARIB / AAMIL / Entrepreneur
Establish A Profit-Sharing Partnership
To undertake a business or investment
activity
MODARBA: FEATURES
It allows for funds to be provided to a party
seeking an investment
One party entrusts money to another party
for the purpose of carrying out a business
A person participates with his money and
another with his efforts and/or skill,
professional, managerial, and technical
know-how, labor or expertise
The capital provided by RAB-AL-MAAL is
derived from Sharia compliant means
MODARIB must invest the funds on a Sharia-
compliant basis, not in prohibited products or
activities- tobacco, alcohol, or gambling
MODARBA: FEATURES
Role of RAB-AL-MAAL is restricted to provide
finance in the business and he (or his agent)
cannot take part in the business [a complete
lack of operational control of the venture at
any time]
MODARIB Puts only his time and effort at
risk and does not contribute any capital
The MODARIB or AAMIL is completely
responsible for all the affairs of the business
MODARIB earns a fee that is deducted from
any profits for managing the funds or
business
MODARBA: FEATURES
PROFIT SHARING BETWEEN PARTIES AND
LIQUIDATION SCENARIO
AT THE END OF THE CONTRACT /
COMPLETION OF THE BUSINESS ACTIVITY
The capital (principal) is repaid to the
financier along with the pre-agreed share of
the profits, if any
At the same time, the entrepreneur keeps the
remaining profit as compensation for their
ideas and services
MODARBA: FEATURES
Though the money will be paid back to the
investor at the successful completion of the
contract, it is different to a conventional loan
as there can be no interest, which is
prohibited in Islamic finance
The financier does not have a right to
demand a fixed rate of returns or entitlement
to any addition in the principal sum unless
the risk involved in the venture is shared
MODARBA: FEATURES
The division of profit must necessarily be on a
proportional basis [a pre-agreed ratio]
The division of profit cannot be a lump sum or
guaranteed returns
An agreed split of profits can be determined
at the outset of the contract, which will be the
split after the taxes and expenses
MODARBA: FEATURES
The Financial Loss if any will be borne by
RAB-AL-MAAL (financier) only [who
contributed all the capital]
MODARIB is not responsible for any losses of
the venture. Losses, are borne entirely by the
RAB-AL-MAAL
The reason is that since AAMIL (entrepreneur)
has not invested in the business hence his loss
will be in the form of loss of his invested time,
effort and labor which he has lost
MODARBA: FEATURES
If the MODARIB has been reckless, negligent
or fraudulent, and this has caused the loss of
capital, then the MODARIB will have to pay
back the capital to the RAB-AL-MAAL
In the event the MODARIB pursues something
which is not specified in the contract and as a
result the capital is lost, the MODARIB will
have to compensate the RAB-AL-MAAL
MODARBA: USES
1. To manage investment accounts
Bank is the MODARIB
Depositor is the RAB-AL-MAAL
The bank manages the funds in
exchange for a fee
The bank is not liable for any losses that
may occur (other than for negligence)
At the end of the contract, the bank
shall return the capital (plus the
depositor's share of any profits)
minus any losses and fees
MODARBA: USES
2. As a financing mechanism
The bank is the RAB-AL-MAAL
The borrower is the MODARIB
The borrower manages the funds in
exchange for a fee
The borrower is not liable for losses that
may occur (other than for breaches of
the agreement and negligence)
The borrower is obligated to return
the capital to the bank minus losses
and fees
Co-operative Society
Co-operative Society: Definition
A co – operative society is a
voluntary association of persons of
moderate means , who unite
together to protect and promote
their common economic and social
interests
It is based on the principles of
collective effort and mutual self-help
Co-operative Society: Features
It represents an attempt by poor
and weaker persons to protect
themselves against the
exploitation and oppression of
the economically strong
Registered under Co-operative
Societies Act 1925
Voluntary Association
Number of Members
Co-operative Society: Features
Registration
State Control
Return on Capital Investment
Democratic Management
Equality of Voting Rights
Limited Liability
Separate legal existence and
Stability
Co-operative Society: Features
They raise capital among
themselves
Annual Fees
Can get quick loans from
Cooperative Banks
Managing Committee
No profit no loss
Profit is shared among members
Return on Capital Investment
Cheaper products/ Low prices
Co-operative Society: Features
Skipping Middlemen
Economies of Large Scale
Possibility of high profits
No hoarding or black marketing
Limited Owned Capital
Inefficiency In Management
Difference of opinion
Conflicts Among Members
Types of Cooperative Societies
Consumers’ Co-Operative Societies
Producers’ Co-Operative Societies
Co-Operative Marketing Societies
Credit Co-Operative Societies
Agricultural or Farmers’ Co-
Operative Societies
Cooperative Housing Societies