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Halal Mortgages?

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#1 [Permalink] Posted on 16th August 2018 10:52
السلام عليكم و رحمة الله و بركاته

are there any halal mortgages around for the uk that anyone can recommend?

جزاك الله خيرا

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#2 [Permalink] Posted on 16th August 2018 10:55
Al Rayyan Bank but no is willing to give straight forward answer whether it's permissible or not.
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#3 [Permalink] Posted on 16th August 2018 10:59
Rajab wrote:
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can you explain further please. have you talked to them?

this is what they claim on their website...

Quote:
Sharia compliant Islamic home finance products
Unlike conventional mortgages and refinances, Al Rayan Bank's Sharia compliant Home Purchase Plans (HPP) and our rent & acquisition Buy to Let Purchase Plans (BTLPP) do not involve interest charges and are based on joint ownership.

Your monthly payment increases your share in the property and includes a payment for the use of the share that the Bank owns. At the end of the finance term you will own the property outright.

On our rent only BTLPP each payment only covers the rent that Al Rayan Bank charges on its share of the property. However, you won't acquire any of our share of the property. Instead you will need to put in place plans to acquire Al Rayan Bank's share at the end of the finance term. Al Rayan Bank provides competitive rental rates, with finance for your property generated from ethical activities considered lawful under Sharia. Our administration fees are low and there are no early settlement penalties, giving you flexibility with your finances.

So whether you are seeking property finance in line with your faith or simply want a more principled way of buying or refinancing, Al Rayan Bank's Islamic mortgage alternatives offer the answer.
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#4 [Permalink] Posted on 16th August 2018 11:03
Rajab wrote:
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Al Rayan use the names of reputable Ulama - One should consult them or find out why certain Ulama have moved away from Al Rayan yet they are still named on their website.
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#5 [Permalink] Posted on 16th August 2018 11:06
Al Rayan Ruling

askimam.org/public/question_detail/34682 via islamqa.org/hanafi/askimam/102936

I would like your views about the use of Home Purchase Plan offered by Al Rayan Bank of UK. The details of the plan can be seen at the following link. www.alrayanbank.co.uk/media/281902/pb1535-al-rayan-hpp-pr...

I hope you will be able to guide me on this as being halal or not halal.

It will be great if you could point out what are the things which render this Haram or non Shariah compliant.

may allah reward you with his mercy and help us all out.

Answer
In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

We have studied the process guide of the Home Purchase Plan offered by Al-Rayan Bank of UK. We observe that the purchase plan is based on the diminishing partnership model which entails

Joint partnership of the assets between Al-Rayan Bank and its “client”.
Ijarah (leasing) to occupy the Banks share
Purchase of Al-Rayans Share by the client in the future
We understand the offering letter is for the following:

Diminishing Co-ownership Agreement
Leasing Agreement
Service Agency Agreement
Legal Charge
Each one of these transactions mentioned above is permissible. However, combining these transactions in a single transaction is impermissible . And combining them together by making each one of them a condition to the other is also impermissible .

However, we do not understand what is the service agency agreement. Since this is a partnership, the partners are bound to pay for their expenses pro-rata. This includes the legal charge. It is thus incorrect to impose all charges only onto the client. Hence the condition on page 17 “ You will also be required to pay for the cost of Al Rayan Bank`s solicitors” is an invalid condition and therefore impermissible.

Furthermore, in a diminishing partnership agreement, there will be sale of units until the client becomes the owner of the house. How and when will this agreement be done? That is not stated in the Home Purchase Plan.

Hereunder is the correct procedure to execute a diminishing partnership deal :

At the time of signing the contract of purchase, the client may sign a one-sided promise to purchase different units of the share of the financer (which in this case is the bank) periodically and the financier may undertake that when the client will purchase a unit of his share, the rent of the remaining units will be reduced accordingly.
At the time of purchase of each unit, ijab (offer) and qubool (acceptance) must take place at that particular date
The price of the unit can be mutually agreed and can also be the market value of that house prevalent on that day.


And Allah Ta’āla Knows Best

Hafizurrahman Fatehmahomed

Student Darul Iftaa
Netherlands

Checked and Approved by,
Mufti Ebrahim Desai.

It is clear from the foregoing points that each one of the transactions mentioned here in above is allowed per se, but the question is whether this transaction may be combined in a single arrangement. The answer is that all these transactions have been combined by making each one of them a condition to the other, then this is not allowed in Shari`ah, because it is a well settled rule in the Islamic legal system that one transaction cannot be pre-conditioned for another. However, the proposed scheme suggests that instead of making two transactions conditional to each other, there should be one sided promise from the client, firstly, to take share of the financier on lease and pray the agreed rent, and secondly to purchase different units of the share of the financier of the house at different stages. (An introduction to Islamic Finance, pg87)


أَبِي هُرَيْرَةَ قَالَ: نَهَى رَسُولُ اللهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَنْ بَيْعَتَيْنِ فِي بَيْعَةٍ

سنن الترمذي ت بشار (2/ 524)

“The Prophet (sallallahu alayhi wa sallam) forbade two transactions in one transaction” (Tirmizi).

عَنِ ابْنِ مَسْعُودٍ، قَالَ: ” صَفْقَتَانِ فِي صَفْقَةٍ رِبًا

مصنف ابن أبي شيبة (4/ 307)

Abdullah Ibn Masood says: to combine two contracts in one agreement is a form of riba. (Musannaf ibn Abi Shayba)

See Meezanbank`s guide to Islamic Banking, pg121
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#6 [Permalink] Posted on 16th August 2018 11:22
apparently some hanafi scholars allow an interest bearing mortgage providing it is your only home. is this correct or have i been misinformed? i think moulana qasmi from dewsbury was one of them, but i could be wrong. someone clarify please.
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#7 [Permalink] Posted on 16th August 2018 11:33
xs11ax wrote:
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Your question was about Halal Mortgages :) which lead to Al Rayan, the most popular name in UK for Muslims who intend to take out a mortgage.

As you mentioned, there is leeway on the topic but it would be better to consult a scholar directly with all the circumstances you are in, and then let them deliver a bespoke verdict, otherwise, readers will walk away ill informed.

Many Muslims take out mortgages even though where they are is liveable without the loan, whilst many Muslim's take a loan for business etc. So if conditions are not met, then it may not be allowed - and if conditions are met, it may be allowed.

Get a specific response and avoid raising the sword against Allah.
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#8 [Permalink] Posted on 16th August 2018 12:26
abu mohammed wrote:
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how do i consult scholars though? i know scholars who are more likely to side with the opinion that its ok to have a mortgage on a first home, i know scholars who are more likely to have the opinion that interest is haram in any form whatsoever, and i also know scholars who side with the opinion that the uk is darul harb and you can have interest transactions with the harbi as long as the transaction benefits the muslim.

personally i want to move away from interest based mortgage. i have a interest based mortgage on my home since my early days and i am hoping to convert it into a non interest based mortgage. i took out the mortgage based on the opinion of scholars who allow it on a first home and also because renting was causing a lot of problems, insecurity, and uncertainty for me and my family both in deen and dunya. i am praying to allah that he opens up a way out for me.
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#9 [Permalink] Posted on 16th August 2018 12:36

xs11ax wrote:
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Although this may not seem possible, try speaking to the bank (al Rayan) and eliminate the forbidden aspect and see what they say.

Alternatively, the best advise I can give is to recite Astagfirullah day in day out. InshaAllah you will see the doors open

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#10 [Permalink] Posted on 16th August 2018 12:48
Quote:
how do i consult scholars though? i know scholars who are more likely to side with the opinion that its ok to have a mortgage on a first home, i know scholars who are more likely to have the opinion that interest is haram in any form whatsoever, and i also know scholars who side with the opinion that the uk is darul harb and you can have interest transactions with the harbi as long as the transaction benefits the muslim.


Assalamu alaikum
Mufti Abuhajira's general guideline in finding the right Mufti to ask fatwa in today’s time:
advice for asking questions.pdf

advice for asking questions.pdf
Downloads: 548
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#11 [Permalink] Posted on 16th August 2018 14:36

xs11ax wrote:
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Respectfully, disagree with the advice below. There is no command or requirement in Islam to stick to a singular “Mufti” but the command is to stick to “Ulama”. Sticking to a singular “Mufti” means that your yardstick is that singular “Mufti”.

We should stick to Jamhoor of pious Ulama and their opinions. There are examples after example after example of sticking to asingular “Mufti” which will devastate the Islam of a person and they will befollowing fringe (and wacky) opinions and may even become frustrated and become an apostate and it has happened and is happening.

Back to your query...

What you are alluding to is a highly complex and complicated matter in the Hanafi Madhab. The Sunnah is for you to abandon doubtful matters and stick to what is safer and closer to Sunnah so even though some Ulama may be of the opinion that Interest based mortgage is permissible (it is a weaker opinion) and you should move away from Interest as your family and earning will be devoid of blessings.

This is the single biggest argument against sticking to a singular ”Mufti”. The Alim which you are alluding to is Deobandi, pious, Sunnah practising, knowledgeable and well regarded in India, Pakistan, South Africa, England and Canada so if someones decides to sticks to “him” in all his/her matters, they will end up with Interest based mortgage. We disregard his analysis and his opinion on Interest based mortgage and we follow the opinion of “body of Ulama” and abstain from Interest based mortgages. 

We do not stick to a singular “Mufti” in all circumstances because you will end up following individual peculiarities (and opinions) of this single person i.e. strawberry is Haram etc!

bint e aisha wrote:
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#12 [Permalink] Posted on 16th August 2018 15:05
Muadh_Khan wrote:
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That's not what the PDf implies although that would be it's preferred option.

The jist of the PDF was:
Quote:
In todays time it becomes almost impossible for one Muftī to have excellence on all the broad fields in Sharīʿah. Hence, if one has access to multiple Muftiyān, then while retaining the ikhlāṣ, he can certainly take benefit from multiple Muftiyān.
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#13 [Permalink] Posted on 16th August 2018 15:09

abu mohammed wrote:
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Respectfully, disagree and two examples given in this thread about why

...

With that in mind, a common layman should find one Muftī that he and his heart completely trusts, and always stick to asking him. To choose this Muftī he should make sure that the Muftī is well-researched enough to give him all the answers. Hence the suggestion is not to find someone who once completed his Iftāʾ course and gained the title of Muftī, rather someone who has continued his research, and actively issues/answers fatāwā. Once a person finds such a Muftī, and his heart is content with him, then he should stop asking multiple Muftiyān, and stick to this particular Muftī. This will make his life so much easier and the focus will be shifted towards fulfilling the rulings instead of researching them and trying to find out which Muftī’s opining seems stronger.

While the above is an ideal condition, in todays time it becomes almost impossible for one Muftī to have excellence on all the broad fields in Sharīʿah. Hence, if one has access to multiple Muftiyān, then while retaining the ikhlāṣ, he can certainly take benefit from multiple Muftiyān.

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#14 [Permalink] Posted on 16th August 2018 15:38
Quote:
To choose this Muftī he should make sure that the Muftī is well-researched enough to give him all the answers.

Actually I understand where you are both coming from (Mufti Saab and Muadh). However, in this particular case I have higlighted: to make sure that the Mufti is well-researched enough to give him all the answers on a particular ANY giventopic with in-depth knowledge of it to the max.

I recall recently when we discussed the burning of the chilli etc (link) and Mufti Saab gave an answer according to his knowledge based on the way the way question was asked and then with his understanding. I then contacted him to analyse his response to which he did & expanded on the topic mentioning that this was not his expertise (not his words but my version of events).
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#15 [Permalink] Posted on 16th August 2018 16:13
Muadh_Khan wrote:
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Same can be said about taqleed of aima arba'. Our yardstick is Quran and Sunnah, not Imam Abu Hanifa RA so why do we follow him? Taqleed simply saves a person from the hassle of researching and finding out which opinion is stronger, since everyone is not as well versed and intelligent as Muadh Khan. All in all Mufti Sahab himself has made clear that it's an ideal condition and that it is not possible to find a single Mufti who has expertise in all the broad fields of the Shari'ah.

The keyword in Mufti Sahab's answer is "Taqwa" which demands that he opts for the cautious view.
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