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This fatwa defines a mudharabah musytarakah as a type of mudharabah agreement where the shari'a financial institute funds manager (mudharib) uses its capital in a joint-venture investment with the customer. The provisions of such an agreement are:

1. the agreement used is a mudharabah musytarakah agreement, that is, a combination of a mudharabah agreement and a musyarakah agreement;
2. the shari'a financial institute, as a funds manager, uses its capital or funds in the investment with the customer;
3. the shari'a financial institute, as a party to the agreement, uses its own funds to obtain a proportional profit;
4. the parties share in the profit, after the shari'a financial institute has recouped its initial investment; and
5. in the event of financial loss, the shari'a financial institute bears a loss proportionate to its investment.