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Mu’amala


Another name for mudaraba (mudarabah/ mudharaba/ mudharabah); by definition, it is a partnership (sharakah) in profit whereby one party (rab al-mal) provides capital (ras al-mal) and the other party provides labor and skills (al-mudarib). In essence, mu’amala is not binding (ghair mulzim), where each of the contracting parties is permitted to unilaterally terminate the contract.

However, a mu’amala contract cannot be terminated unilaterally when the labor provider has already commenced the business (in this case, the contract becomes binding over the period from commencement to the date of actual (tandheedh haqiqi) or constructive liquidation (tandheedh hukmi). Likewise, the contracting parties cannot terminate the contract unilaterally when they agree to specify some clear-cut term during which the contract will remain effective. As such, the contract cannot be called off prior to the end of the designated term, unless the two parties mutually agree to do so.

Mu’amala is sometimes called qirad.

In its general meaning, mu’amala (pl. mua’malat) denotes transaction, deal, trade, etc.



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