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Question: Is Ijara Conversion Product halal? Ijara is providing the sharia compliant mortgage conversion in Canada. I have also got the Shaikh Mohamed Umer Esmail Fatwa from Ijara loan. How it works? Ijara is asking me to get the mortgage approve from conventional bank and send the document to Ijara and they will re-structure the transaction according to Sharia and I don't have to pay any interest. Also Bank's interest rate and terms will remain same.
Answer:
Praise be to Allah.
The question is vague. It does not provide the mechanism of conversion. Without this mechanism it is difficult to give an answer.
Ijarah as a contract is permissible and can be used in buying homes on a plan that has a mix of rent and promise to buy pits and parcels of the property along with periodical rental payment. Car leasing in America is essentially permissible but there are a few clauses related to interest in conventional car leasing. The problem comes from these clauses not from the concept of Ijarah even though the numbers may be the same.
Notice a rent is fixed and interest is also fixed. The prohibition of interest does not come from being fixed or not. It comes from being increment in a debt. Rent is a price of usufruct.
Replacing an interest house loan with a contract based on Ijarah is of course what Many Islamic finance companies do. But taking a mortgage loan from a bank to a company after it is contracted with the bank and it give you instead of it an Ijarah with same rate and numbers means that it pays interest and accepts from you rent. Who is going to do that and what is its profit?
And Allah knows best.
Dr. Monzer Kahf
Question Date: 2011-04-26
* The views posted are the opinions of the individual author of each posting, and are solely meant for education, discussion, and debate, not for any illegal purpose. The authors are not responsible or liable for the intentional, reckless, or negligent actions of any individual, and we assumes no responsibility for the content of the authors. Thus, the articles and materials posted do not represent, endorse or express the views of Muslims of Calgary or any of its affiliate organizations.
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