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Islamic Finance


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Dain Mushtarak


Arabic (دين مشترك) for debt (dain) that arises from one transaction or engagement whereby it is owed to two or more partners, whether actual or virtual. Actual partners are those who have entered into contractual partnership or sharikat al-aqd (such as business partnerships), whilst virtual partners are those who jointly own a property or any form of wealth without having entered into contractual partnership but rather as a result of sharikat al-mulk.

Dain mushtarak is the result of combination of ownerships such as the debt whose amount is the price (thaman) of an object jointly owned by two or more persons where that object was sold in a single transaction without specifying the share of each joint buyer (and hence virtual partner) in the contract. From the seller’s perspective, the price is dain mushtarak on the partners or joint buyers. Likewise, dain mushtarak could be a property inherited by several heirs and is owed to them by a certain debtor (madeen) or the price of jointly owned property that has been damaged or consumed and is also owed by the persons causing the damage or consumption. Also, dain mushtarak could constitute the repayment of a loan (qardh) provided from property jointly owned by two or more persons.

Dain mushtarak translates as joint debt.


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