- EN (English)
| Fatwa ID: | 23297 |
| Title: | Implementation of an Ijara contract |
| Category: | Financial Transactions |
| Scholar: | AmjaOnline |
| Date: | 07/14/2008 |
Assalamu alaykum,
I approached an Islamic financial institution to purchase a home. They follow an Ijara model and state that their contracts are Sharia-compliant. I proceeded based on their statement and having also asked some people. However, the process for the purchase raised some concerns in my heart. Please review the steps listed below and let me know if this transaction is acceptable.
The following are the steps that took place:
1) The Islamic institution collected all my financial information and ran a credit check. Shortly after that, I received a letter from a mortgage company stating a loan amount and rate. When I inquired with the Islamic institution, I was told that this mortgage company represents them in my state as they do not have branches in all states.
2) The Islamic institution sent me some paperwork to establish a trust, which includes me, my wife and the Islamic institute. This is the trust that will own the property. We completed the paperwork and the trust was established.
3) As we were about to conclude the deal, I received a call from an agency stating that they were going to send a representative to my home so that we can sign all the closing papers. Again, I was told that this is due to the fact that the Islamic institution does not have a representative in my state.
4) They brought me the papers for closing and there were two batches, one which appeared to be a standard mortgage contract between a mortgage company and the trust that was established in step (2) and the other contract was an Ijara contract between me and the Islamic institution.
5) I was asked to sign ALL papers (both contracts: the standard mortgage and the Ijara contract), since I represent the trust and there is no representative of the Islamic institution in my state.
6) One month after the deal was closed, I received a letter from the mortgage company stating that the loan was sold to another finance company, namely Chase.
7) I own a Chase credit card which I manage online. Shortly after I received the letter in step (6), I noticed that when I login to manage my credit card on the Chase website, I now also see a mortgage loan under my name.
Please advise if this method is acceptable in Sharia (assuming the Ijara loan contract is compliant). If not, what would you advise me to do? Should I seek to refinance with another institution? Do they all deal the same way?
Badr
All praise is due to Allah, and may the peace and blessings of Allah be upon His Final Prophet and Messenger, Muhammad.
Your statement, "I was asked to sign ALL papers (both contracts: the standard mortgage and the Ijara contract), since I represent the trust and there is no representative of the Islamic Institute in my state," shows clearly your involvement in signing a conventional mortgage transaction. This would render the entire transaction of buying the house prohibited, whether you were representing yourself or the trust in signing these papers.
That said, you need to find another Islamic home financing company to refinance the transaction. Obviously, you have to make sure from the beginning that the new company will not make the same mistake.
The Permanent Fatwa Committee
