Question
Asma and Aysha have a restaurant business on a Mudaraba contract basis. Asma is the Rabulmall and Aysha is the Mudrarib of the business. It
Asma and Aysha have a restaurant business on a Mudaraba contract basis. Asma is the Rabulmall and Aysha is the Mudrarib of the business. It is a common practice in the restaurant business to sign a takaful contract against the risk of fire, theft, and burglary. However, in order to save the costs of a takaful contract, Aysha didnt buy a takaful contract. During the year, a fire broke out in the restaurant leading to a substantial loss. According to the term of shariah-compliant Mudaraba contract who will bear the loss? Please elaborate and justify the rights and responsibilities of each partner and the circumstances under which each partner is liable for the losses? Would your answer change if Asma and Aysha had a Musharaka contract? Please elaborate and distinguish between the rights and responsibilities in this instance.
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