Pilot Phase: Qirād Club is currently in pilot phase. Core principles are established; operational processes will be refined through supervised implementation.
قِرَاضٌ — شَرِكَةُ الأَمَانَةِ وَالمَصْلَحَةِ
◆ ◈ ◆

The Qirād
Investment Club

A member-governed Islamic investment club built on profit-sharing, not interest-bearing loans

Qirād Club connects capital providers with Muslim SMEs through a structured partnership model rooted in Qur’ānic ethics, Mālikī jurisprudence, and modern governance — independently administered by ISAACS Attorneys as appointed wakīl and custodian.

It exists for two reasons:

  1. To generate halal profit through real economic activity
  2. To provide halal equity to Muslim SMEs that need growth capital without ribā-based debt
Get Started Learn the Model
0% Interest (Ribā)
Halal Profit Objective
Shared Risk & Reward
SME Community Equity
Why Qirād Club Exists

Two benefits,
one halal structure

Qirād Club is designed to serve both sides of the partnership: investors seeking lawful profit and entrepreneurs seeking halal growth capital.

For Investors

  • Earn halal profit through genuine risk-sharing
  • No guaranteed returns and no fixed interest component
  • Returns tied to real business performance
  • Capital deployed only after the firm's Sharīʿah and commercial review — and your signed agreement

For Entrepreneurs

  • Access halal equity instead of ribā-based debt
  • Grow through partnership rather than loan pressure
  • Present opportunities to a values-aligned Muslim investor base
  • Build businesses with accountability, transparency, and shared upside
How It Works

A simple opt-in

The firm finds and vets the deal. You receive the offer 30 days before deployment. If you want in, you simply sign and deposit — no voting, no committee.

1
The firm finds & vets the deal

The firm sources a Sharīʿah-compliant, commercially viable opportunity and structures it as a valid qirād under the Mālikī school.

2
You receive the offer

Every member is sent the full investment offer — terms, profit ratio, and risks — at least 30 days before capital is deployed.

3
Sign & deposit

If you want to take part, you simply sign the agreement and deposit your funds into the firm's trust account. That's it.

Only those who sign and deposit are invested in that round. Capital is then deployed to the entrepreneur; at the end of the term, profit is shared 30 / 70 and your capital is returned from the trust account.
The Tradition

Finance as Amāna
— a sacred trust

The qirād (muḍārabah) is one of Islam's oldest commercial institutions. Traditionally it often linked one capital provider with one trader. Our club revives the same ethical core in a structured modern form: a member-governed investment club that channels halal equity to Muslim SMEs.

In classical qirād, a rabb al-māl (capital provider) entrusts funds to a muḍārib (entrepreneur) who applies skill and effort. Profits are divided by pre-agreed ratio; losses fall to capital unless the muḍārib was negligent or in breach of trust.

The Mālikī school's relative flexibility — particularly on profit-ratio structuring, the permissibility of investing in mixed-asset enterprises with conditions, and its openness to custom ('urf) as a source of law — makes it especially well-suited to contemporary investment contexts.

Our club adds modern safeguards: structured due diligence, defined governance, ring-fenced capital handling, liability clauses grounded in South African law, and Sharīʿah compliance review by the firm before capital is deployed.

This is not financial speculation. It is principled risk-sharing designed to pursue halal profit while also helping build real businesses inside the Muslim community.

  • ١
    Prohibition of Ribā No interest, no matter how it is structured or named. All returns must arise from real economic activity.
  • ٢
    Genuine Risk-Sharing (Ghunm bil-Ghurm) Reward is only legitimate when it accompanies real exposure to loss. Guaranteed returns are impermissible.
  • ٣
    Transparency & Amāna Full disclosure of financials, business model, and risk factors. Concealment is grounds for contract void.
  • ٤
    Prohibition of Gharar Uncertainty in contract terms is prohibited. All conditions, profit ratios, and exit provisions are specified ex ante.
  • ٥
    Social Purpose (Maṣlaḥa) Investments must benefit society. Sectors linked to ḥarām goods or extractive practices are excluded by charter.
Partnership Architecture

How the Qirād Works

Capital, enterprise, oversight, and accountability work together in one ethical structure.

01
Rabb al-Māl
رَبُّ المَال — Capital Provider

Members who contribute capital. They share in profit and bear financial risk in the event of a lawful loss. They do not manage the business day to day.

02
Muḍārib
مُضَارِب — Entrepreneur

The operating partner who contributes skill, labour, and time. The muḍārib earns a share of profits and is accountable for negligence, breach of trust, or acting outside the agreed mandate.

03
Oversight, Reporting & Exit
الإِشرَاف وَالتَّسوِيَة — Oversight & Settlement

The firm ensures each investment is Sharīʿah-compliant and commercially viable, provides annual reporting, and manages exit and dissolution. Each investment round runs to a defined term, with agreed exit and settlement provisions known from the outset.

Administration & Custody

The Service Provider —
The Firm

The club appoints the firm as its independent wakīl (agent), custodian, and administrator. The firm sits between the capital providers and the capital receivers — holding capital in trust, vetting each deal, and settling returns — for a known, pre-agreed fee. It is not a partner in the qirād and takes no share of the profit.

رَبُّ المَال
Capital Providers

Members contribute capital to a vetted, member-approved deal.

capital in
(to trust)
capital +
profit share
الوَكِيل وَالأَمِين
The Firm
Wakīl · Custodian · Administrator
  • ◆ Trust-account custody (LPA s 86)
  • ◆ Sharīʿah & commercial vetting
  • ◆ Matching providers to receivers
  • ◆ Settlement & allocation of returns
capital
deployed
capital +
profit back
مُضَارِب
Capital Receivers

The entrepreneur applies skill and labour to the business.

The firm never owns the capital and never guarantees its return. The 30 / 70 profit split (capital providers / entrepreneur) runs between those two parties — the firm's fee is separate and fixed.
01
Custody — Trust Account
الأَمَانَة — Amāna

Capital is received into the firm's attorney trust account under section 86 of the Legal Practice Act 28 of 2014 — ring-fenced, never co-mingled with the firm's own funds, and released only once the deal is member-approved. The firm holds it as a trust (yad amāna), not as its own money.

02
Intermediation — Wakāla
الوَكَالَة — Agency

As appointed wakīl, the firm connects capital providers with vetted capital receivers and administers the qirād agreement between them. It acts on the parties' mandate; it is not itself the rabb al-māl or the muḍārib.

03
Viability & Compliance Vetting
التَّدقِيق — Vetting

The firm assesses each deal for commercial viability and engineers the contract to meet the requirements of a valid qirād under the Mālikī madhhab — confirming its Sharīʿah compliance before the offer is sent to members.

04
Settlement & Allocation
التَّسوِيَة — Settlement

On conclusion, all proceeds return to the trust account. Each provider's capital is returned, the agreed profit share is distributed between providers and entrepreneur, and only then is the firm's invoiced fee drawn to its business account.

05
Remuneration — Known Fee
الأُجرَة المَعلُومَة — Ijāra

The firm is paid a wakāla fee of 2% of the capital committed to each investment — fixed and disclosed at signing, and covering structuring, custody, administration, and settlement. It is not a percentage of profit. Charging a percentage of a known principal (rather than an uncertain future profit) keeps the fee free of jahāla and of profit taken without a sharʿī cause. A minimum fee applies to smaller mandates, set out in the written mandate.

06
No Benefit from Holding
لَا رِبَا — No Ribā

By law, interest accruing on attorney trust funds is paid to the Legal Practitioners' Fidelity Fund — not to the firm or to members. The firm therefore cannot profit from holding the capital, structurally protecting the arrangement from ribā.

The firm's fee is owed for work done, regardless of outcome. Because the 2% is a wakāla service fee on the capital entrusted — not risk capital in the venture — it is payable even in a loss year. That is the flip side of keeping the firm entirely outside the profit-and-loss of the qirād. It is kept modest and fully disclosed before any member commits.
Legal Framework

Modern Contract Terms

The classical qirād is augmented with contemporary protections that do not compromise its ethical core — satisfying both Sharī'ah requirements and enforceability under South Africa's hybrid Roman-Dutch and constitutional legal order.

Inflation Protection
Capital Preservation Clause

Capital is indexed to a commodity basket (gold + food staples) rather than nominal currency, protecting against inflationary erosion. This is consistent with Mālikī positions on the permissibility of specifying capital in stable units of value rather than depreciating fiat.

Mālikī Precedent
Risk Mitigation
Negligence Liability Clause

The muḍārib accepts explicit liability for capital losses attributable to ta'addī (transgression) or taqṣīr (negligence). This maps directly onto the Roman-Dutch law of culpa and dolus as received in South African delict. Defined negligence triggers are enumerated in the contract schedule, enabling enforcement before the South African courts without distorting the qirād's risk-sharing structure.

Fiqh + Roman-Dutch Delict
Due Diligence
Pre-Deployment Vetting Protocol

The firm completes a due-diligence review before any investment decision, covering sector compliance, financial health, management integrity, market analysis, and reputational screening. A negative finding on any mandatory criterion is an automatic bar to investment.

Club Charter § 4
Dispute Resolution
Arbitration & Sulḥ Protocol

All disputes are resolved first through a structured sulḥ (reconciliation) process facilitated by the firm. Failing that, the dispute is referred to the MJC Mediation Department for mediation and, if need be, binding arbitration — with any award enforceable under the South African Arbitration Act 42 of 1965 (as amended). South African courts recognise and enforce such awards, and the good-faith obligations of Roman-Dutch contract law reinforce the sulḥ process as a legitimate pre-litigation step.

MJC Mediation Department + Sulḥ
Ethical Screens
Sector Exclusion List

Investments in the following sectors are permanently excluded: alcohol, tobacco, conventional finance (ribā-based), weapons manufacture, gambling, adult entertainment, pork production. Additionally, enterprises with >30% revenue from ḥarām-adjacent activities are excluded unless effective separation can be demonstrated.

Sharī'ah Compliance Mandate
Member Protections
Minimum Disclosure Standards

The muḍārib must provide: monthly management accounts, quarterly narrative reports, access on request to underlying records, and immediate notification (within 48 hrs) of any material adverse event. Failure triggers a contractual right for investors to appoint a management observer.

Club Charter § 7
Service-Provider Mandate
Wakāla & Ijāra Appointment — The Firm

The club appoints the firm as wakīl, custodian, and administrator under a written mandate. The firm receives member capital into its section 86 trust account, vets each deal for commercial viability and Mālikī qirād validity, administers the agreement, and settles returns. Its remuneration is a wakāla fee of 2% of the capital committed (subject to a minimum fee on smaller mandates) — fixed and disclosed at signing, never a profit share — so the firm carries no entitlement to the venture's profit and offers no guarantee of capital. Because it is a percentage of a known principal, not of an uncertain profit, the fee stays free of jahāla and preserves the qirād's risk-sharing intact between provider and entrepreneur.

Legal Practice Act 28 of 2014, s 86 · Wakāla + Ijāra
South African Legal Foundation
Roman-Dutch Law Compatibility

South Africa's foundational private law is Roman-Dutch, not English common law. This is profoundly compatible with qirād: the Roman societas (partnership based on shared risk), bona fides (good faith in contract), laesio enormis (protection against grossly unfair bargains), and condictio sine causa (unjust enrichment recovery) all resonate directly with the ethical architecture of muḍārabah. The Constitution's s 39(2) further requires courts to develop private law in ways that promote its values — reinforcing equitable risk-sharing.

Roman-Dutch Law + Constitution s 39(2)
Regulatory Positioning
Voluntary Association & FSCA Framework

The club is structured as a voluntary association with per-investment partnership agreements — a form recognised under South African law that does not trigger collective investment scheme regulation under the Collective Investment Schemes Control Act 45 of 2002, provided members are active partners rather than passive depositors. The firm acts only as appointed custodian and administrator (not as a discretionary fund manager), so capital is held in trust on members' mandate rather than pooled and deployed at the firm's discretion — keeping the active-partner characterisation intact. The Financial Sector Conduct Authority (FSCA) framework is monitored for any developments in Islamic finance regulation, including the Conduct of Financial Institutions (COFI) Bill.

CISCA 45 of 2002 · COFI Bill
Economic Model

Profit Distribution Framework

Unlike interest-based lending where return is fixed regardless of outcome, qirād distributes real profits by agreed ratio. The ratio is set per round and disclosed in each offer — reflecting Mālikī flexibility on ratio negotiation.

30%
Rabb al-Māl
Capital Providers
70%
Muḍārib
Entrepreneur
Scenario A Profitable Year — 35% Return
Capital Providers (30%)ZAR 105,000
Muḍārib (70%)ZAR 245,000
Reinvestment ReserveZAR 0 (Optional)
All profits distributed from ZAR 1,000,000 capital base. No interest component at any stage.
Scenario B Loss Year — 15% Drawdown
Capital Providers bear loss−ZAR 150,000
Muḍārib receivesZAR 0 (zero)
Remaining capitalZAR 850,000
Unless negligence is proven, the muḍārib loses only their time and effort — capital loss rests with providers. This is the qirād's core risk-sharing mechanism.
Where does the administrator's fee sit? The 30 / 70 ratio above is the split of distributable profit between capital providers and the entrepreneur only. The firm is paid a separate wakāla fee of 2% of the committed capital, agreed in advance — a percentage of a known principal, not a cut of either party's profit, and the firm does not participate in profit or loss.
Taking Part

How You Take Part

No vote, no committee, no application gauntlet. You receive each offer in advance and decide for yourself.

The Three Steps

1
You receive the offer

At least 30 days before deployment, every member is sent the full investment offer — the business, the terms, the 30 / 70 profit ratio, the firm's 2% fee, and the risks.

2
You decide

If you want in, you take part. If not, you do nothing and simply sit the round out. There is no vote and no obligation to participate in any deal.

3
You sign & deposit

Sign the agreement and deposit your funds into the firm's trust account (Legal Practice Act s 86). Your capital is deployed with the round and returned to trust at the end of the term.

Member Rights

  • Receive every investment offer at least 30 days before deployment
  • Choose freely whether to take part in any round — participation is never compulsory
  • Access the financial statements of the investments you are in
  • Receive plain-language written reports during the term
  • Exit at pre-agreed valuation dates, subject only to liquidation costs
  • Raise a concern with the firm at any time
  • Refer any unresolved dispute to the MJC Mediation Department

Member Obligations

  • Maintain your capital for the agreed term of any round you join
  • Uphold the confidentiality of commercially sensitive information
  • Engage in good faith with the sulḥ process before escalating a dispute
Common Questions

Frequently Asked Questions

This is a substantive question and we welcome it. The qirād contract differs from conventional investment in three material ways: (1) returns are not fixed or guaranteed — they depend entirely on actual profit; (2) capital providers bear genuine risk of loss; (3) the contract is invalidated by any ribā element at any stage. Every investment is reviewed for Sharīʿah compliance under the Mālikī school before the offer is sent, and the compliance basis is set out in the offer documents made available to members.
The Mālikī school's methodology is particularly suited to contemporary contexts for several reasons. First, its extensive use of maṣlaḥa (public interest) allows scholars to adapt rulings to new circumstances without abandoning principles. Second, its recognition of 'urf (custom and commercial practice) as a legal source enables it to engage seriously with modern commercial norms. Third, its positions on profit-ratio flexibility in muḍārabah are more permissive than some other schools, enabling creative-but-compliant structuring. We have also found Mālikī positions on the permissibility of condition-based contracts well-suited to South African law, where Roman-Dutch doctrine already recognises conditional obligations and good faith as central pillars of contract — far closer to Mālikī commercial ethics than English-derived common law systems.
In a lawful business loss — one not caused by the muḍārib's negligence — capital providers bear the loss proportionally to their investment. This is the core of the qirād contract and cannot be contractually overridden without making the arrangement ribā. However, the club mitigates this through rigorous due diligence, milestone-based capital release, and the negligence liability clause which allows recovery where the muḍārib caused the loss through ta'addī or taqṣīr. We are explicit about this from the outset: this is risk-sharing, not deposit protection.
Profit distribution occurs annually after accounts are finalised and audited, in accordance with the agreed ratio. If you wish to reinvest in a following round, that is taken up as a fresh qirād contribution under a new offer — never an automatic rollover. Distributions are made by bank transfer within 30 days of audit sign-off. The Mālikī school permits interim profit distributions at agreed intervals provided final accounting occurs at term-end.
Yes. The classical scholars of all four madhāhib permitted qirād with non-Muslims, and this remains the majority position. The club's ethical framework — no interest, genuine risk-sharing, prohibited sectors, transparency — is grounded in principles that many people of different faiths and none find compelling on their own terms. Non-Muslim members are subject to the same rights, obligations, and contract terms as all other members. The firm's Sharīʿah and commercial review of each investment applies equally regardless of members' religion.
Minimum membership capital is ZAR 10,000 (Companion tier). Capital is held in the firm's trust account under section 86 of the Legal Practice Act 28 of 2014 — ring-fenced, never co-mingled with the firm's operational funds, and released to the muḍārib only upon satisfaction of all pre-deployment conditions. Neither the firm nor the club profits from holding the capital: by law, any interest on attorney trust funds accrues to the Legal Practitioners' Fidelity Fund, not to the firm or to members — so the custody arrangement cannot become a source of ribā.
The firm is the club's appointed wakīl (agent), custodian, and administrator. The firm holds capital in its section 86 trust account, vets each deal for commercial viability and for validity as a qirād under the Mālikī madhhab, administers the agreement between the parties, and settles returns at the end of the term. Crucially, the firm is not a partner in the qirād: it takes no share of the profit and gives no guarantee of capital. It is paid a wakāla fee of 2% of the capital committed to each investment (subject to a minimum fee on smaller mandates), disclosed at signing and unchanged by the venture's performance. Note the fiqh point: a percentage of a known principal is permissible because the amount is determinate from the outset — unlike a percentage of an uncertain profit, which would introduce jahāla and amount to profit taken without capital, labour, or liability in the venture.
South Africa's legal system is a hybrid of Roman-Dutch private law and English procedural influences, with the Constitution supreme over all. This is actually highly favourable for qirād. Roman-Dutch contract law recognises societas (partnership), bona fides (good faith), and the condictio (unjust enrichment recovery) — all of which map naturally onto qirād's ethical structure. The Constitution's section 39(2) requires courts to develop the common law in a manner that promotes constitutional values, including equality and dignity, which supports rather than undermines equitable risk-sharing arrangements. The club is structured as an unincorporated voluntary association with a partnership agreement for each investment — a form well-recognised in South African law. Disputes are referred to the MJC Mediation Department for mediation and, if need be, binding arbitration, with any award enforceable under the Arbitration Act 42 of 1965. No element of the structure requires recourse to interest-bearing remedies at any stage.
Our starting mandate is to strengthen halal economic circulation within the Muslim community. This is not a claim that only Muslims can run moral businesses; it is a statement of priority, coherence, and responsibility in the pilot phase. We are trying to build internal halal capacity where shared values and accountability are strongest.
Classical qirād often linked one capital provider with one trader or enterprise. Qirād Club keeps the same ethical core but adds a club structure, member governance, documented review, due diligence, and modern reporting so that the model can function responsibly in a contemporary South African context.
Membership

Join the Qirād Club

I want to invest

Learn how membership works, what risks apply, and how capital is reviewed and deployed.

Investor Application

I am a business seeking funding

Submit your business for review and see whether your model fits the Qirād structure.

Business Enquiry

I want to learn more first

Receive pilot-phase updates, governance information, and guidance on how the model works.

Read the FAQ

Qirād Club is both an information platform and an intake platform. Membership is open to individuals and institutions committed to ethical, Sharī'ah-compliant investment.

Once your application is reviewed, you may be invited to an orientation session covering the contract model, governance, risks, and current pipeline. Pilot-phase timing may vary depending on review volume.

Companion (Ṣāḥib)
ZAR 10,000 minimum
Trustee (Amīn)
ZAR 50,000 minimum
Patron (Walī)
ZAR 200,000 minimum
Institutional
ZAR 1,000,000 minimum

Tiers simply reflect the size of your capital commitment. Profit is shared pro rata to the capital you contribute to a round, and you are never locked in beyond the term of any deal you choose to join.

Before You Apply

  • This is not a guaranteed-return investment model
  • Capital is exposed to real business risk
  • All investments undergo Sharī'ah and commercial review
  • Participation is subject to approval and club rules
  • Qirād Club is currently operating in pilot phase
بَارَكَ اللهُ فِيكَ
May Allah bless you in it.

Your application has been received. The firm will contact you within 10–14 days to arrange a short onboarding conversation.