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Trading, partnerships, and not becoming a bank

Mudaraba and musharakah are how Islamic finance is supposed to feel. Invoice lending, “merchant cash advances”, and Stripe-style residual loans are how it usually goes wrong.

7 min · Business

Courtyard with water rill

The contracts that work

Musharakah: both sides put in capital, both share profit by agreement and loss by capital ratio. Mudaraba: one side puts capital, the other work; profit split by agreement; loss on capital unless misconduct. Murabaha: you buy something, disclose cost and markup, sell it. Ijara: you lease an asset you own. Istisna and salam: made-to-order and prepaid crops, with strict rules.

The products that pretend

Tawarruq (monetisation via a commodity you never wanted) is used by Islamic banks to synthesise cash. Many scholars allow it as a last resort; many others call it riba with extra steps. If your “Islamic business loan” is a commodity murabaha that dumps metal on the LME for cash, know that you are in that debate.

A percentage of card takings until a multiple is repaid can be a sale of a share of revenue (halal if it is truly a share, with loss) or a loan with increment (haram). The test is whether the financier’s money can come back smaller if sales die.

Payroll and suppliers

Pay on time. Late-payment interest in your own invoices is riba you would be charging. A discount for early payment is a sale-price choice, generally treated as fine if it is not a hidden loan. Pensions for your staff: offer the Shariah fund as default if you can.