Musyarakah – The application of Islamic economics in Indonesia as time goes by is
increasingly recognized by residents. Surely Sinaumed’s is no stranger to understanding the term
musyarakah, right? Islamic economics is a substitute that can be selected by the public and
requires every muamalah that will be tried to be free from even elements that are prohibited by
Adherents of Islam in Indonesia over time continue to know that muamalah matters, especially in the
economic aspect, there are norms and signs that must be obeyed for the security of the earth and the
hereafter. Therefore, in muamalah, adherents of Islam try to use contracts that are permissible
for the provisions of the Islamic religion.
In fact, among the many contracts, such as mudharabah, musyarakah, and murabahah are arguably the most
widely used by people in Indonesia. Moreover, along with changes in lifestyle ,
Islamic banking services continue to be liked by the public, as a result
musyarakah can be understood as one of the contracts in Islamic banking that has products to offer to
So, on this occasion, we will discuss musyarakah. If a Sinaumed’s friend wants to know more about
musyarakah contracts, then you can follow this article. Because, we want to review more about
the musyarakah contract. So follow this article to the end Sinaumed’s.
Definition of Musyarakah Contract
Another term for Musyarakah is Syarikah or Syirkah. Musyarakah according to language means
“al-ikhtilath” which means stirring or mixing. The meaning of mixing is that a person combines
his wealth with other people’s assets so that it is difficult to distinguish between one part and another.
Etymologically, musyarakah is a combination, mix or syndicate.
So, it can be said that musyarakah means partnership cooperation or in English it is called partnership.
On the other hand, for the Sharia Economic Law Group (KHES), Syirkah is a collaboration between 2
or more people, in terms of investment, expertise, belief in a special endeavor with an allotment of profits
sourced from family relationships.
According to the DSN-MUI Teachings, musyarakah is financing based on a cooperation agreement between 2 or more
parties for a special undertaking, where each party contributes a budget with the determination that profits and
risks will be guaranteed together according to the agreement.
Based on the musyarakah interpretation above, it can be said that Musyarakah is a collaboration between 2 or more
people in a special effort where each party shares a budget contribution in a joint way in which profits and
losses are determined according to the agreed contract.
In contrast, the interpretation in Islamic banking, according to the meaning of the term in Product Standard 1:
Musyarakah printed by OJK, what is musyarakah is the meaning for Islamic banking financing products based
on the principle of loss sharing profits in the form of aggregation of capital of the parties with the
mission of having a heritage, effort or special blueprint then arranged to get profit and split based on
family relationships for the results agreed in the contract.
What is musyarakah or syirkah can be interpreted as a cooperation contract between 2 or more parties to achieve a
specific mission, in the field of business so that the goal is to benefit from efforts that are arranged
Each party that participates in what is musyarakah has an equal share in accordance with the capital
participation they share and has the right to monitor ( voting rights ) in the industry according to
their respective proportions. In the world of banking, what is musyarakah is an agreement
of similar activities between a bank and its customers in business financing with the determination of
the rationing of profits and risks according to the agreement.
In this way, the musyarakah contract design is intertwined with the musyarakah platform product financing
agreement between the investor, in this case the bank and the customer. Then, the two investors
deposit capital according to the ration. Profits received from projects or efforts will be
distributed according to the share of capital participation (family relations) both to banks and
The difference between a Musyarakah
Contract and a Murabaha Contract
Furthermore, it is the difference between a musyarakah contract and a murabaha contract that Sinaumed’s need
to know, so they can distinguish them or understand them more deeply. The following are some of
the differences between musyarakah and murabaha.
- Collaborative activity or association between two or more parties. Both
participating parties contributed in the form of budget and resources.
- Enter into the type of blending blessing presence of similar activity method formed.
- Profits come from early agreements. Moreover, cooperation in carrying out
blueprints or business fields has uncertain income levels.
- Losses are shared based on the included capital ratio.
- Derived from the word rabahah which means profit or profit. In murabaha,
buying and selling activities take place either in cash or in installments which of the buying and
selling activities generate profits for the trader.
- Enter the type of alteration because there is a difference between objects and money.
- The special advantage is received by the trader while the consumer gets a profit in the form
of object ownership.
- Losses occur when consumers are unable to pay installments. For this
reason, it is necessary to have an agreement between the seller and the consumer to give up the
consumer’s inability to pay or the consumer to resell the object purchased where the excess is made into
debt by the consumer.
Pillars and Terms of the Musyarakah Contract
To do musyarakah, it is also necessary to understand its pillars. The following are the
pillars of musyarakah.
- Contract actors, business partners
- The subject of the contract is capital (mall), activities (drabah)
- Shighar, namely Offer and Acceptance
- Family relationship profit (for the results).
Terms related to musyarakah for Hanafiyah are broken down into 4 parts as follows:
- Something that is related to all forms of good musyarakah with wealth or with others.
In this case there are 2 provisions, namely: 1) What coincides with the goods being contracted
must be accepted as a representative. 2) What coincides with profit, is that the profit
allotment must be real and can be recognized by both parties, for example half, one third and the
- Something related to musyarakah plaza (wealth), in this case there are issues that must
be addressed, namely: 1) If the capital that is used as the subject of a musyarakah contract is payment
(nuqud), such as junaih, riyals and rupiah. 2) What is used as capital (main asset) is when
the musyarakah contract is executed, whether the amount is the same or different.
- Something related to a mufawadhah syirkah is required: 1) the capital (main assets) in
a syirkah mufawadhah must be the same, 2) for those who are syirkah experts for kafalah. 3)
for those who are used as the subject of the contract, an ordinary syurkah is required, namely for all
various buying and selling or trading.
For Malikiyah, the conditions related to the person carrying out the contract are independence, puberty,
and intelligence. On the other hand, Shafi’iyah thinks that the only syirkah that is legally
stipulated is the inan syirkah, otherwise the other syirkahs are delayed.
After knowing the definition, pillars, and types, we will discuss about, the conditions that ensure the
validity of a Musyarakah contract are, the habitat can be represented according to the permission of each
party; the profit allotment percentage is known from the beginning by the party who has the
same task since the contract was executed; as well as the determination of the rationing of
profits appears in the form of a percentage.
Types of Musyarakah Contracts
Broadly speaking, musyarakah is categorized into two types, namely ownership musyarakah ( shirkah al
amlak), and contract musyarakah ( shirkah al aqad ).
The musyarakah contract is realized because of the agreement method, in which 2 parties or more agree that each
of them shares the participation of the musyarakah capital, and agrees to share profits and losses.
Syirkah amlak is a syirkah that is made not because of a contract, but because of a special effort or
naturally (ijbari). Therefore syirkah amlak is divided into 2:
Syirkah ikhtiyar (sincere), is syirkah that was born on the will of 2 friendly parties. The
illustration is 2 people who enter into a partnership to buy something, or 2 people get donations or gifts,
and both of them accept it, as a result the two of them become friends in property rights
Syirkah jabar (insistence) is an association that occurs between 2 or more people without their will, the
inherited property becomes related property rights. The law of these two types of syirkah is
that each friend is like a foreigner over his other allies, as a result one party is not authorized to carry
out any action on the property without permission from the other, because each friend does not have
authority over the share of his brother.
Syirkah al aqad
Syirkah al aqad is 2 or more people making an agreement to collaborate in capital and profit.
That is, this kind of activity is preceded by a business investment and a profit sharing agreement.
Malim Hanafiah decided the conditions for syirkah uqud. Some of the legal terms of
syirkah aqad need to be known, including:
- Tasarruf who is the subject of the syirkah contract must be represented. In syirkah uqud
the profit that is obtained is joint ownership which is divided according to the agreement.
Top down, so that each musyarakah body has authority over other syndicate bodies to carry out
tasarruf. In this way, each party becomes a delegate to the other party.
- Real obligatory profit sharing. The profit share for each musyarakah body must be clearly
defined, for example 30 percent, 20 percent or 10 percent. If the rationing of profits is
not real, then syirkah will perish, because profit is mauquf rather than peace from musyarakah.
- Compulsory profit is a part that is owned jointly, not by determination, for example for A 200, B 500. If
the profit has been determined, then the syirkah contract will be destroyed.
Syirkah al aqad is divided into several types, among others.
Syirkah Inan , is a cooperation contract between 2 or more people with the body (body) or assets of both of
which they already know even though they are not the same, after that both or one of the parties realizes
the module of the contract. On the contrary, the most profits are intended for the most
contract executives. Activity capital in the form of money or material must be known in amount
and value, while the profit and injury content is adjusted to the respective capital content in accordance
with the provisions and agreements that determine profit.
That way, one’s syirkah inan is not justified in making friends only for profit, on the other hand losing
is waived. In syirkah inan there is no requirement for a meeting of capital, tasarruf, as well
as profit and loss.
With that conclusion, the participants can be similar and can be different, for example A invests IDR 500.
000 B invest Rp1. 000,000 and C invested Rp. 300. 000. at that time it
was in the form of a loss so the calculation was matched with the invested capital.
Syirkah wujuh is a contract between 2 or more people who have a good name, good prestige and are experts in the
field of business, without the involvement of capital under the trust of the businessmen in them.
Profits can be shared by both, and each party becomes a delegation of business partners and the guarantor
(kafil), and the ownership of both is according to the agreement required beforehand. Losses
are matched by their percentage of ownership, while profits are matched by agreements and the sincerity of
Syirkah mufawadhah is a cooperation contract between 2 or more people. Where each party has
participation in distributing equal shares, both in capital, responsibility and voting rights.
Each party chooses profits and losses together.
Thus, the important provisions in this matter are the suitability of the budget assigned to the activity,
responsibilities, and the amount of the loan divided by each party.
Syirkah Mudharabah is an agreement between the owner of capital ( shohibul mall ) and a worker (
mudharib ), to manage money from the owner of capital in a particular trade whose profits are
divided according to a mutual agreement.
Advantages and Disadvantages of Musyarakah
In this final discussion, we will discuss the advantages and disadvantages of musyarakah. Here
is the full explanation.
The allotment of profits from the use of the budget is claimed in the form of family relationships.
Family relationships or results that are approved cannot be replaced during the duration of the
capital, but under the agreement of the parties. Family relationships can be formalized in a
tiering manner , the magnitude of which varies based on the agreement.
Meanwhile, rationing of profits can be tried using the method for profit or loss (profit and loss sharing) or for
income ( revenue sharing ). Profit allotment comes from efforts to match the customer’s
Banks and customers bear losses commensurately according to their respective capital. If there
is a loss due to dishonesty, negligence, or breach of contract, then the loss is guaranteed according to the
ratio of each capital ownership.
If you are still unsure about entering into a musyarakah contract, then you should ask an expert first.
This is indeed very necessary to do so that there are no mistakes or regrets in the future.
Apart from that, you can also find out about musyarakah through books on contract transactions in
This is an explanation of musyarakah, from the understanding to the disadvantages and also the advantages.
If you want to find books about transactions according to the Islamic religion and also Islamic
business, then you can get them at sinaumedia.com .
To support Sinaumed’s in adding insight, sinaumedia always provides quality and original books so that Sinaumed’s has
Author: Mochamad Aris Yusuf