4.5 穆達拉巴(Mudharaba)
4.5 Mudharaba
Mudharaba(穆扎拉巴,即合伙经营)是指两人(或更多人)共同参与贸易,其中资本来自其中一方,而工作由另一方承担。也就是说,一人的劳力与另一人的财产相结合,共同合作。这意味着工作将由其中一方完成,另一方提供财产。双方约定利润的某一固定份额。例如,一方提供一千英镑,另一方用这笔钱做生意,利润由两人分配。 这笔钱必须交给劳力方,即出劳者,并赋予他对这笔钱的自主处理权,因为穆扎拉巴要求将财产交付给出劳方(Mudharib)。出劳方有权向财产所有者提出条件,即他可以获得利润的三分之一、一半,或双方共同商定的任何固定利润份额。这是因为出劳方有权因其劳动而获得利润。因此,双方可以约定出劳方的利润份额,无论多少,都是允许的。 所以,穆扎拉巴是一种合法的获取所有权的劳动方式。出劳方因此拥有这笔财产,并依照约定,凭借其劳动从穆扎拉巴中获取利润。
Mudharaba is where two persons (or more) participate in trading, where the capital comes from one of them and the work from the other. That is, the body of one person enters into partnership with the property of another person. This means that the work will be carried out by one of them and the other will provide the property. The two partners agree on a certain share of the profit. An example of this is when one of them provides one thousand pounds and the other person works with it, and the profit is divided between them. The money must be handed over to the body partner, who is given a free hand over the money, because Mudharaba requires the handing over of the property to the body partner (Mudharib). The body partner has the right to stipulate upon the property owner that He has a third, or half of the profit, or whatever they may agree on together as a defined portion of the profit. This is because the body partner (Mudharib) is entitled to the profit due to his work. It is thus allowed for the partners to agree on the profit of the Mudharib whether it is little or great. So Mudharaba is a kind of work which is a legal means of ownership. The Mudharib thus possesses the property, which He profited from via Mudharaba due to his work in accordance with what was agreed.