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XIII

although the profit ratio can be set at agreed-upon levels,

which have been predetermined. All partners are agents for

each other with regards to partnership matters, and all are

entitled to participate in the management of the partnership,

although it is permitted that some may delegate this function

to one of the other partners. In line with the profit-with-risk

principle, despite an agreement as to the profit ratio, a

partner may not guarantee the amount of profit that another

partner may derive from the partnership. Conversely, a

partner may not demand another partner to indemnify him

against liability or loss.

In today's context, the musharaka concept is reflected in the

joint-stock company, with the shareholders as partners of the

venture. This concept is also used in multiple-party investor

sukuk issuances.

Mutawalli

Sometimes also referred to as a naazir. A person appointed to

have temporal powers of supervision and management over

the mawquf-alaih. He serves in the capacity of a trustee in so far

as the beneficiaries are concerned.

Naazir

See Mutawalli.

Nafaqa

Financial maintenance for wives, children, and parents.

Qard ul-hasan

A gratuitous contract of courtesy involving a friendly loan

without the expectation of any reward for the same. There is a

transfer of ownership of the funds, which indicates that the

lender may not dictate to the borrower the purposes to which

the funds may be used. The loan is also payable when the

borrower is able.

Rushd

Mental discrimination

Sadaqa

Voluntary and non-compulsory charity or good works on the

basis of ihsan (doing more than required). Charity is not

restricted to financial or monetary giving, but also extends to

those who carry out good deeds. Debt forgiveness is also

considered as a charitable act, particularly when the debtor is

in distress

2

.

Sahih

Valid.

2

Al-Quran surah al-Baqarah verse 2:280