This fatwa provides a set of guidelines for executing a mudharabah financing agreement. A mudharabah financing agreement entails one party (the financier) acting as the financial backer, and the other (the customer) as the manager of the venture. The two parties then share in the profits resulting from the venture, pursuant to the terms agreed upon in the contract.
The fatwa provides that the financier may not manage the venture or project, but has the right to foster and monitor the project. It also sets out contractual requirements to which all mudharabah agreements must adhere, including a statement of intent, what may constitute financial capital, as well as profit and how profit is to be shared by the parties. Damages are generally not available pursuant to a mudharabah agreement, unless loss has been incurred as a result of deliberate misconduct, negligence or a contravention on the part of one of the parties to the agreement.