In Islam, engaging in commercial activities and establishing partnerships of various structures and functions has been regarded as natural and even encouraged, provided that certain principles are adhered to and fundamental prohibitions are not violated. The term partnership, which corresponds to the Arabic word shirkah, refers to the union of two or more individuals for the purpose of generating profit and sharing it. A comparison of traditional partnership types and modern companies reveals notable differences, particularly in regard to legal personality and risk sharing. In the context of Islamic finance and participation banks, partnership types such as mudarabah and musharakah are currently employed, albeit to a limited extent. The establishment of regulatory frameworks is imperative to encourage the widespread adoption of these partnerships, which are characterized by fairness and the absence of financial charges for shared risk and profit-loss sharing.

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Partnership

  • Ayşe Ulya Özek

摘要

In Islam, engaging in commercial activities and establishing partnerships of various structures and functions has been regarded as natural and even encouraged, provided that certain principles are adhered to and fundamental prohibitions are not violated. The term partnership, which corresponds to the Arabic word shirkah, refers to the union of two or more individuals for the purpose of generating profit and sharing it. A comparison of traditional partnership types and modern companies reveals notable differences, particularly in regard to legal personality and risk sharing. In the context of Islamic finance and participation banks, partnership types such as mudarabah and musharakah are currently employed, albeit to a limited extent. The establishment of regulatory frameworks is imperative to encourage the widespread adoption of these partnerships, which are characterized by fairness and the absence of financial charges for shared risk and profit-loss sharing.