Explanation of Article 552
The article clarified the obligation of the capital owner in the Mudaraba contract to deliver the Mudaraba capital to the Mudarib and enable him to manage and dispose of it. The delivery of the Mudaraba capital can be actual or constructive. Actual delivery involves placing the capital in the hands of the Mudarib, allowing him to receive and dispose of it without any hindrance. Constructive delivery is achieved when the capital is already in the hands of the Mudarib before the contract in any capacity; for instance, it could be a debt owed by the Mudarib arising from a sale contract, a loan, or otherwise, or a deposit held by the Mudarib for the capital owner. The contracting parties agree that this capital will be the Mudaraba capital. Constructive delivery is also covered by what is included in Article (501).
Related To
Article 552
A capital owner shall deliver the mudaraba capital to the mudaraba agent and shall enable him to manage and dispose of such capital.