Tuesday, April 23, 2019

The Islamic House Financing Facility

Islamic House Loan


House financing is among the most sought after product in Islamic banks. In order to meet the different needs and requirements of the customers, Islamic banks offer number of products with different underlying contracts depending on specific needs. Here we will discuss, how to choose the best contract that Islamic Banks can offer to help customers’ financing needs to purchase of their house. As we go through each of the products in Islamic banking, we will find the best product for the customers to choose from.

House financing products in Islamic banks are designed using a number of Shari'ah contracts.  The contracts may include, but not limited to the following house financing products in Islamic Banks worldwide. In this house financing writing, we will discuss each house financing products with the underlying contracts and why different contracts are utilized in different financing products.

1.1 Ijarah House Financing


Ijarah in general refers to a contractual relationship between an owner of a property and a person who wishes to lease the asset/property. Both enter into a lease contract or hire contract. In terms of contractual relationship Ijarah, can be divided into: Operating Ijarah and Finance Ijarah:

Operating Ijarah : This Ijarah is either offered by bank or any business organisations. Under this Ijarah, there is no purchase agreement tied to it. It is a normal lease in which at the end of the lease period, the asset is reverted back to the lessor or owner.

Finance Ijarah: This type of Ijarah is normally tied to purchase or gifting. This type of Ijarah is suitable for many purposes especially in asset acquisition whether for personal or business uses.
a. Ijarah Muntahiah bi al Tamlik (IMBT) (Leasing ended up in ownership): This is for financing the purchase of completed asset.
b. Ijarah Mausufah fi Dhimmah (IMFD) (Leasing ended up in ownership): This is for financing the purchase of incomplete asset or asset that need to be built.

Ijarah Muntahiah bi al Tamlik (IMBT)

IMBT is a form of transfer of ownership of usufructs of some assets, such as building or equipment, for a particular period; and in consideration for a defined rent, which is usually higher than normal rental to encourage the lessor to transfer the leased asset to the lessee at the end of the lease period after the lessee has paid all instalment /periodic rental without delay.

IMBT has similar characteristics to the ordinary Ijarah. However, in IMBT, it is associated with a promise or undertaking from the lessee (Customer) to purchase the asset from the lessor (Bank) via separate transaction at the end of the leasing contract. IMBT rental rate can either be fixed or floating (variable rate). If it is floating, it would normally be subject to the changes in the market rates. Nowadays, Islamic banks prefer floating rate rather that fixed rate to mitigate the market risk.

Among others, the IMBT agreement would include:
  • The price of the leased asset/rent; and
  • The lease period.
Recent practices in banks show a variety of forms such as:
  • Fixed or variable rents,
  • Declining or fixed ownership,
  • Operational and financial.

The last form above indicates the status of the leased asset at the end of the lease period. Ijarah contract used in such financing is quite straightforward and the modus operandi is easy to understand.  The bank has to explicitly disclose to the purchaser the cost and the profit he is going to earn from the mark-up sale in addition to the cost. The sale may be contracted in cash basis (immediate) or on deferred payment basis.

The figure below shows the process how Ijarah contract works!


Ijarah House Financing

1.2 Murabahah House Financing


Murabahah refers to a mark-up sale in which the mark-up price is disclosed to the buyer. The distinct feature of Murabahah which makes it different from other sale contract is that the seller explicitly disclose to the purchaser the cost and the profit he is going to earn from the mark-up sale in addition to the cost. The sale may be contracted in cash basis (immediate) or on deferred payment basis.

The following figures shows how the financing process works

Murabahah House Financing Process

1.3 Tawarruq House Financing

The use of Tawarruq here is to generate cash for the customer to purchase the house. Generally Tawarruq consists of sale and purchase contracts. The sale contract involves the sale of an asset by a seller to a purchaser on a deferred payment basis. In the purchaser contract, the purchaser of the first sale will resell the same asset to a third party on a cash and spot basis.Each sale and purchase contract in the tawarruq is binding in nature and shall not be terminated unilaterally by any of the contracting parties and the common inherent of each sale and purchase contract in the tawarruq is the transfer of ownership of the asset from the seller to the purchaser for a consideration.

Tawarruq home financing process


1.4 Musharakah Mutanaqisah

Is a contract of partnership between two or more parties in order to finance a particular business like joint venture. All parties contribute to the capital either in the form of cash or others. The Islamic financial institution as a partner / financier may stipulate certain conditions. Any profit generated from the partnership will be shared amongst them based on the agreed profit sharing ratio (PSR). Any loss incurred will be borne by them according to their respective capital contribution ratio (CCR). There is no guarantee on the capital and guarantee may only be given to cover cases of negligence and breach of terms of the Musharakah agreement.

However, for the case of house financing, the end goal is for the customer to own the house. As such the product is designed using multiple contracts to allow financing of the house where at the end of the tenure, the customer will own the house. Musharakah Mutanaqisah was designed and introduced to meet this need hence in Musharakah Mutanaqisah, there are 3 contracts involved; 1) Partnership (Musharakah) 2) Lease (Ijarah) 3) Sale Contract (Bay’).

Let’s see the diagram that shows how the Musharakah Mutanaqisah financing process works.

Musharakah Mutanaqisah -house financing process













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