Transcript Diminishing Musharakah(partnership) PREPARED BY MOULANA 1

Diminishing
Musharakah(partnership)
PREPARED BY MOULANA
SHOAYB JOOSUB
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Basis of Diminishing
Partnership
Create Joint Ownership
 Rent
 Promise
 Actual Purchase
 Adjustment of the rental
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PREPARED BY MOULANA
SHOAYB JOOSUB
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NO PRE-CONDITION
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One-sided Promise may be concluded
PREPARED BY MOULANA
SHOAYB JOOSUB
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Shirkatul Milk
Joint Purchase
 Bond Take-Over
 Freehold Property, etc
 Commences when assets of the
partners are combined, eg
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PREPARED BY MOULANA
SHOAYB JOOSUB
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Leasing the property

Lease

To Third Party (Differences of Opinion)

To the Partner (Unanimous on
permissibility)
PREPARED BY MOULANA
SHOAYB JOOSUB
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Promise to Purchase

Client’s Promise

Courts to enforce IF :
One-sided Promise
Promise Incurred Liability
PREPARED BY MOULANA
SHOAYB JOOSUB
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Purchase of Units from ABL

Partner purchases the Units
 Actual Offer & Acceptance
 Basic Rules
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Existence
Ownership of Seller
Actual or Constructive Possession
Instant and Absolute
Value
Un-Islamic Purpose
Specifically known & identified
Continued . . .
PREPARED BY MOULANA
SHOAYB JOOSUB
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Delivery must be certain
Certainty of Price
Unconditional
The adjustment of the lease amount
PREPARED BY MOULANA
SHOAYB JOOSUB
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Jazakallahu Khairan !
Prepared by Moulana Shoayb Joosub
PREPARED BY MOULANA
SHOAYB JOOSUB
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