Islamic Mortgage

Once the full amount of the sale proceeds has been repaid, the lease fees no longer apply and possession of the real estate is transferred from the bank to the user. This mortgage structure avoids interest repayments and does not violate Sharia legislation by either of the parties. Mortgage A variation of the ojara mortgage is the ojara mortgage.

Concerning an ifara mortgage, the future owner finds the real estate he wants to buy and arranges a purchase with the vendor. Then the Islamic mortgage lender buys the real estate in the name of his customer. Once the mortgage has been fully paid back, all title to the real estate is transferred to the customer.

Similar to an illiara mortgage, a masharaka mortgage facilitates the claim that interest must be disbursed so that the arrangement remains within the Shariah Act.

An easy guide to Islamic mortgage lending

First of all, this short guideline will explain the most important kinds of traditional mortgage. Islam mortgage loans are conceived in such a way that they obtain the same financial results while adhering to Sharia rules. Within the British or US contexts, national legislation can be used for Islamic financing without introducing Sharia legislation into the judicial system. Fiscal legislation needs to be adapted to make sure that Islamic financing is not subject to higher taxation than traditional financing.

The majority of non-Muslims know very little about Islamic finances. Recently there have been several reports in the media suggesting that the British government is bringing some kind of dishonest advantage to Muslims by amending British taxation legislation to make Islamic financing easier. Many Muslims also have difficulties to understand Islamic financing and are amazed to find that it is usually more costly than traditional financing.

Describes a type of financing document that provides financing opportunities for a person to buy a real estate object. It can be their personal domicile, or it can be real estate leased to a tenant, whether for business or pleasure. Problems are often much more complicated when viewed from the point of view of the financing institute.

Prior to dealing with Islamic financing, one should be aware of how traditional mortgage loans work. If this is the case, the prize of the loaned funds is determined for the whole term of the mortgage. As an example, a £500,000 worth of real estate can be funded under the following conditions. Client must make 25 £26,607 per year in payment.

Client lends 375,000 and repay over 25 years a £665,182 loan as the main borrower of 375,000 and interest of 290,182. In the UK, such long-term fixed-rate mortgage loans are relatively rare. However, a 30-year fixed-rate mortgage is very widespread in the USA.

British creditors generally favour floating rates as this allows for a better matching between the lender's self-financing and the sophisticated mortgage credit. Floating interest can either be coupled to an outside interest payment, e.g. Bank of England interest plus 0.5%, or it can be an interest payment managed by the creditor, e.g. the XYZ Building Society's floating interest payment.

There are two major categories of variables mortgage.

An adjustment of the interest is only possible at the end of each year. In order to visualize the figures, we are assuming that the XYZ Building Society's default floating base will remain 5% for the first 3 years, then 4% by the end of year 7, then 6% by the end of year 15, then 5% by the end of year 22, and then 4% by the repayment date in year 25.

The figures are shown in Table B below; the client's repayment increases and decreases with increasing interest rates, but are always charged to pay back the loans by the end of year 25, assuming there are no further interest rates changes. Total interest payments in Table B exceed those in Table A due to different hypotheses about the amount of the interest at different points in due course.

If this is the case, the client is only obliged to pay interest. You have the freedom to make principal refunds at your discretion and must pay back the entire amount of the principal on the payback date if it has not been paid back in advance. An adjustment of the interest is only possible at the end of each year.

Since the creditor assumes the risks that the client will not disburse any principal until year 25, he is exposed to a higher level of credit risks than with a redemption mortgage, where the amount of debts owed is reduced over the term of the credit. Correspondingly, creditors usually only provide interest rate mortgage loans to their more credible clients.

It makes no sense to create a chart with numbers for a pure interest rate mortgage, as the model will depend crucially on how much the client wants to pay back before the due date and when they decide to make these early repayments. In the event that the client does not pay out any principal by year 25, he must find 375,000 on the redemption date to pay back the full amount of the credit.

Islamic financing, as found in practical terms, has the aim of replicating the economy of the above-mentioned traditional mortgage while staying in line with Sharia law. While it would also be possible to develop Sharia-compliant real estate financing agreements with different economic viability, e.g. by involving the Islamic banking institution in an appreciation of the value of the real estate, such agreements are unusual for riskmanagement purposes of the banking institution and also due to client preferences.

Those alternatives go beyond the framework of this easy implementation. You use two major contract types. Suppose that a real estate object whose third person value is £500,000 is to be acquired with Sharia-compliant financing. Islamic Banka will buy the real estate for 500,000 after having arranged with the client in advance that the client will buy the real estate from Islamic Banka at a prearranged rate and on prearranged conditions of use.

Islamische Banka can provide the client with financing on the following terms: The Islamic Monetary Institution will buy the real estate and immediately sell it to the client at a flat rate: The following table C shows the customer's payment to the Islamic banks and the amount due at any given moment.

Overall the financing costs are 290,182 as the client will end up buying a £790,182 home that he could have purchased for 500,000 if he had this amount available on the first date. In the eyes of the client and the bank, the liquidity flow is the same as that of the 25-year fixed-rate mortgage described above.

Therefore, the agreement will replicate a fixed-rate mortgage. But there is a handy issue if the client wants to buy the home to someone else and pay back the Islamic money, e.g. after three years. In Table C, the client still has £585,360 owed to the Islamic Central bank after three years.

to £350,230 due on the same day with a traditional fixed-rate mortgage. Paying 585,360 to the client at the end of the third year seems to be a gross injustice. Economically, the Islamic banks will win a wind storm profit in comparison to the 25 year long deal because they will get the cash back early, part of which will be repaid 22 years early.

Logically, the banks would recalculate the transactions in order to grant a cash discount for early payments. However, I appreciate that Shariah Fellows will not allow the early redemption provision in the Mura Baha Agreement to determine how the institution will repay the amount due if the client pays early. Rather, the client is dependent on the Islamic financial institution, at its own option, to lower the amount required for early redemption.

In the case of a decreasing agreement, the client and the Islamic banking institution buy the real estate together under a agreement for Masharaka, loose under a partner agreement in the sense of the Shariah Act. Client has sole employment and pays the Islamic Bank's rental for the part of the real estate belonging to the Islamic bank.

It is referred to as a declining muscle because the relationship will shrink when the client purchases the bench and end once the buy-out is complete. A summary of the conditions of the financing proposal is as follows: Course can only be adapted at the end of each year. One time a year on the occasion of the third parties purchasing.

The client must make the same amount of payment each year, including both rental and instalment payment, to purchase the Bank's interest in the real estate. In order to visualize the figures, we are assuming that the XYZ Building Society's default floating base will remain 5% for the first 3 years, then 4% by the end of year 7, then 6% by the end of year 15, then 5% by the end of year 22, and then 4% by the repayment date in year 25.

The following Chart D shows the figures; the client's returns increase and decrease with increasing interest rates, but are always computed so that the client has fully acquired the bank's interest in the real estate by the end of year 25, assuming there are no further interest changes.

Those who are confronted with Islamic financing for the first moment are often amazed that an interest can be used to calculate the amount of rental to be pay. The Shariah scientists allow this because the interest rat is only used to calculate an amount; what is actually payed is the rental for the client's use of the bank's asset shares, not the interest.

Net income is shown in Chart D. Net income is shown in the same way as for the floating redemption mortgage. In contrast to the mortgage on Gurabaha, the declining value of mushroom is no problem if the client wants to buy up the loan early. The Client must at all times settle only the amount indicated in the chart as the initial charge for the part of the real estate held by the Client.

Achieving this is by giving the client total freedom to decide when to buy out the bench, provided he does so at the time of terminating the agreement. Is Islamic financing subject to the application of Sharia legislation to treaties? Treaties used in the Islamic financial world must prevent breach of Sharia rules (hence the concept of "Sharia-compliant"), but there is no provision that the applicable treaty legislation must be Sharia rules.

Any Islamic financing agreement entered into between a British Islamic Institution and a British client is always entered into under the laws of England or Scotland. Likewise, Islamic financing agreements within the USA would generally be concluded according to the laws of the state in which the real estate is situated, e.g. Pennsylvania State. Certain jurisdictions grant an individual a right of exemption for interest on loans taken out to purchase their personal residency.

Although the United Kingdom no longer grants such a discount, the United Kingdom grants a discount for interest payable on a credit for the acquisition of business or real estate bought for hire to others. In the case of the declining lease of Masharaka, one would have expected the rental payments made by the client to be deductable if credit interest were deductable, but the taxation laws of each respective jurisdiction would have to be examined thoroughly.

However, a taxation system that primarily deals with the status of a treaty will easily analyze the deal as the Islamic banking institution sells the real estate to the client for 790,182 as specified in the treaty. This means that there are no tax-deductible financing costs. During 2005, the United Kingdom introduced a special taxation act which results in the re-analysis of the Murabaha operation in order to consider the additional 290,182 pounds received from the client as equal to interest for taxation reasons.

When purchasing a traditional mortgage, the client will pay SDLT a one-time fee of 500,000 for the third part. With Islamic real estate financing, however, SDLT would be burdened more than once. As an example, with the acquisition of murabaha, the original £500,000 consideration and the £790,182 transaction from the client to the dealer would fall under SDLT.

As a result, the total costs for SDLT are much higher than for a traditional mortgage. Over the past 25 years, SDLT would gradually return to 375,000 if the client bought the bank's 75% stake in the real estate. In 2003 the UK enacted legislation to remove the additional SDLT fees so that the Islamic real estate financing operation would bear the same SDLT costs as the comparable traditional mortgage funded purchase.

However, as already mentioned, the prices for Islamic real estate financing are determined on the basis of standard interest rate markets for traditional financing. This is unavoidable in an economic environment where cash can move between the two industries; having a prize for "Islamic money" different from the prize for "conventional money" would easily provide ample opportunity for auctioning that would harm the Islamic financial industry.

As a rule, Islamic real estate financing is more costly in reality than traditional real estate financing, although both are predicated on the same cash value available on the markets. As a rule, Islamic banking is much smaller than traditional banking. As a result, they do not have the scaling effects that enable traditional banking to keep its interest-independent expenses such as personnel and technological expenses to an absolute minimum.

Islam financing usually has more deals than traditional financing to reach the same objective. These additional charges must be paid to the clients of Islamic banking institutions. However, as already noted, this document focuses exclusively on Islamic real estate financing agreements that mimic traditional mortgage agreements. This is in line with current Islamic financial practices, as the Islamic financial markets usually consist of replicas of traditional treaties.

Alternative Shariah-compliant agreements can be developed that are not an imitation of traditional financing, but represent a small part of the overall commercial landscape and go beyond the limits of this document as they would make it excessively complicated.