Preview

Real Estate Study Guide

Good Essays
Open Document
Open Document
839 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Real Estate Study Guide
Loans

Islamic and Conventional forms of financing seeks to finance productive channels for returns. The difference is that in conventional loans, a fixed reward is obtain in exchange for the extension of the loan (interest) while Islamic loans are unable to do that as they cannot charge interest.

Loans provided for the purchase or development of Real Estate under Islamic financial system requirement of firms and individuals are fulfilled through Murabaha, Musharaka and Mudaraba. Although these methods of finance are very much like conventional loans, differences still exist in the contracts with regards to the nature of risks and returns, and the legal title of the property at the time of the financing.

In Musharakah, the borrower does not repay any interest to the lender, but in turn shares the profit on a predetermined ratio in the joint partnership. However, unlike a traditional creditor, the losses would also be shared in this partnership. As such, the financier pays heavy focus on the viability of the project rather than the interest rate of the loan that he is issuing out.

Mudaraba is a kind of partnership where one partner gives money to the other to invest in an asset. In a mudaraba al-muqayyadah, the borrower can only invest in a pre-specified business, but in the case of al-mudaraba al-mutlaqah, the borrower has the choice to invest in any assets that he deems fit, which offers more flexibility. We must however, keep in mind that the profit of the investment would be shared by the partners in a pre-determined ratio just like musharaka, but the losses would be solely born by the investor alone, and the borrower would only lose his time and management in the failed project.

In a conventional loan, the lender would lend money to the debtor for a pre-determined interest rate as compensation for the underlying risk for taking this investment opportunity, and would require the debtor to fully repay the principal and interest owed to discharge

You May Also Find These Documents Helpful

  • Powerful Essays

    Mr Anees Razzak

    • 1252 Words
    • 6 Pages

    Despite exponential growth of Islamic banking in the last decades, Islamic finance is largely concentrated in specific parts of the Muslim world. The potential in non-muslim countries and remote parts of the world is overlooked in many instances. Nevertheless, increasing interest in Muslim and non-Muslim countries alike are contributing to the development of Islamic finance beyond historical boundaries.…

    • 1252 Words
    • 6 Pages
    Powerful Essays
  • Good Essays

    The reason that the Islamic Financial Institutions has yet to design a flexible instrument such as overdraft facilities of the conventional banks because products that are in nature short term, revolving and competitively priced are difficult to structure and design among the Islamic financial products. This has become a challenge to Islamic bankers where they want to develop financing structures that are not only consistent to shariah principles but also attractive to corporate users. Islamic Debt Securities has already fulfilled the challenging where its first issue in 1990 and it is easier to structure. Examples of such instrument are the BaIDS, and Sukuk al Ijarah. After 1990, there was no further development of the Islamic financial product until 1996 where an instrument known as the Murabahah Notes Issuance Facility became the first short-term Islamic financial instrument that was issued on a tendered basis. This instrument was issued on an underwritten basis and the facility was revolving in nature.…

    • 740 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    The Islamic concept of Al-Ijarah Thumma al-bay’ refers to lease or hire or rent ending with purchase. It is a type of lease which concludes with option to buy back which is concludes the legal title of the leased asset and will be passed to the lessee at the end of the period. It is one of the contemporary innovative products which are design to meet the public demand at the same time, securing long term competitiveness in the financial market. AITAB comprised two contracts which are al-ijarah (leasing or renting) and followed by al-bay’ (sale) contract. Al-Ijarah: a contract whereby the lessor (Islamic bank) will rent the assets to the lessee (customer) over a certain period and at the end monthly rental amount as agreed by both parties. (Khir et al., 2008) Al-Bay’: upon completion of the rental period or upon the early settlement the lessor will then enter into the sale contract with the lessee to sell the asset at a pre-agreed selling price. (Khir et al., 2008) Al-ijarah and al-bay’ are both categorised under the contract of exchange. The former relate to the exchange of usufruct for money, while latter involves the exchange of good for money. In AITAB the contract of al-ijarah runs separately from the contract of al-bay’. Since both contracts are executed in a sequence. A new contract AITAB can be used to describe the process of converting an Ijarah into a sale contract. (Khir et al., 2008) AITAB is one of the contemporary innovative approaches in the Islamic hire purchase instrument which is an alternative product to conventional hire purchase. The significant difference between the two is that Islamic hire purchase is a unique contract involving a combination of two different contracts, thus involving a number of legal and shariah issues. It…

    • 12822 Words
    • 52 Pages
    Powerful Essays
  • Better Essays

    Forward Ijarah Analysis

    • 1357 Words
    • 6 Pages

    Bank and Customer enters into a Musharakah, say 90 % contribution by Bank and 10% contribution by Customer.…

    • 1357 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Both the financier and the client share the profit and loss of the business together. Thus, the argument that said Musharakah Mutanaqisah is similar to interest based loan is not found. Furthermore, the International Fiqh Academy of OIC in its 15th session made resolution that Musharakah Mutanaqisah is a valid contract in the Shariah. Additionally, the Shariah Advisory Council of Bank Negara Malaysia in its 56th issued a fatwa that Islamic financing product structured based on Musharakah Mutanaqisah contract is permissible in light ofhe fact that Musharakah Mutanaqisah is a recognized contract in Islamic muamalat. Accordingly, we could draw coclusion that Musharakah Mutanaqisah is a permitted contract in Islamic Shariah. Notwithstanding, scholars has proposed a few principles and guidelines that are needed to be observed strictly, so that this contract does not surpass the limit of the Shariah and does not get assimilated with the interest based…

    • 774 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Mutanaqisah Case Study

    • 1461 Words
    • 6 Pages

    Musharakah means partnership and Mutanaqisah means to diminish. So Musharakah Mutanaqisah means diminishing partnership. It is a joint partnership contract between the financial institution and its client. The client begins to purchase the share of the financial institution until he owns the whole property. In addition, at the same time the financial institution also leased his portion of share to the client. The client needs to promise that he will buy the share of the bank. So this contract is a combination of partnership of a business, buying and selling the share of the property and leasing. In a simple word, musharakah mutanaqisah can be concluded as a contract that based on diminishing…

    • 1461 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Diminishing Musharakah

    • 295 Words
    • 2 Pages

    originated from another mode of finance “Musharakah”,thus it is more important to have a brief idea of Musharakah for the better understanding of Diminishing Musharakah. Musharakah derived from Arabic word “Shirkah” which means being a partner. So, the lateral meaning of Musharakah is sharing and under Islamic jurisprudence, Musharakah means a joint enterprise or venture formed under a contract by mutual consent of the parties for conducting some business in which all parties share the profit according to pre-agreed ratio while loss is shared in accordance to the ratio of their capital contribution. In Musharakah, the share of each partner should be clearly known and all partners must contribute their capital in terms of money or species at an agreed valuation. The assets of Musharakah are jointly owned in proportion to the capital of each partner. In Musharakah every partner can involve in the management of the business but it is not necessary doing so, the partners may employ an outsider for managing the business, inmost cases, the there is a mixture of management, i.e. some of the partners together without siders having an expertise of managing such business. The partner who involves in the management is supposed to get the management fee plus the profit in the proportion to his share, and in case of loss, he is still entitled to get the management fee as an employee. When the partners choose not to involve in the management i.e. silent or non-working partners, the ratio of their profit should not exceed the ratio of their capital…

    • 295 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    The Islamic financial system employs the concept of participation in the enterprise, utilizing the funds at risk on a profit-and- loss-sharing basis. This by no means implies that investments with financial institutions are necessarily speculative. This can be excluded by careful investment policy, diversification of risk and prudent management by Islamic financial institutions. It is possible, that investment in Islamic financial institutions can provide potential profit in proportion to the risk assumed to satisfy the differing demands of participants in the contemporary environment and within the guidelines of the Shariah. The concept of profit-and-loss sharing, as a basis of financial transactions, is a progressive one as it distinguishes good performance from the bad and the mediocre. This concept therefore encourages better resource management.…

    • 4931 Words
    • 20 Pages
    Powerful Essays
  • Powerful Essays

    Prospects of Islamic Banking

    • 26512 Words
    • 107 Pages

    At present times, it would not be inappropriate to state that Muslims the world over…

    • 26512 Words
    • 107 Pages
    Powerful Essays
  • Good Essays

    On the other hand, based on deposit, the only difference in conventional and Islamic banking lies in sharing of risk and reward. Under conventional system total risk is born by the bank and total reward belongs to it after servicing the depositors at fixed rate. Conventional bank provides fixed deposit account. This fixed deposit is to earn high interest rates while withdrawing money. The bank uses the depositor money to invest and earn profit from it.…

    • 630 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Ar Rahnu

    • 607 Words
    • 3 Pages

    Al-Mudharabah refers to an agreement where customers deposit capital in the Bank, and the Bank becomes wholly responsible and liable in the management and investment the deposits in halal business ventures. Profits gained will be divided and distributed accordingly, based on margins agreed upon earlier.…

    • 607 Words
    • 3 Pages
    Good Essays
  • Better Essays

    MURABAHAH

    • 1229 Words
    • 4 Pages

    3. Murabahah cannot be used as a mode of financing except where the client needs funds to actually purchase some commodities. For example, if he wants funds to purchase cotton as a raw material for his ginning factory, the Bank can sell him the cotton on the basis of murabahah. But where the funds are required for some other purposes, like paying the price of commodities already purchased by him, or the bills of electricity or other utilities or for paying the salaries of his staff, murabahah cannot be effected, because murabahah requires a real sale of some commodities, and not merely advancing a loan.…

    • 1229 Words
    • 4 Pages
    Better Essays
  • Better Essays

    Islamic Banking Rhb Bank

    • 2925 Words
    • 12 Pages

    Islamic Banking is interest free banking, in which there is no fixed rate of return. Islamic banking is the banking system which is run in accordance with the Islamic laws and the Shari a’ board; that guides the institutions. This Shari a’ board authorizes the products that whether these are Shari a’ compliant or not. Islamic banking is the banking that is guided by Islamic law (Shari a’) principles and guided by Islamic economics. In particular, Islamic law prohibits usury, the collection and payment of interest, also commonly called Riba in Islamic discourse”. Islamic banking also finds its roots in Islamic finance and all type of transactions are interest free of risk sharing. The interest is probihited in Islamic ways of banking as it is also obvious from Quran. In Quran, in Sura Al-Iman, Allah said that; “O you who believe! Do not devour Riba multiplying it over and keep your duty to Allah that you may prosper” (3:130). Same kind of prohibition regard fixed interest is also lead in sura Al-Rum(39), Al-Nisa (160-161) and Al-Baqarah (275-281) of Quran. Riba and Gharar are illegal under Islamic law. Riba refers to fixed rate of interest. Gharar refers to fixed rate of interest. Gharar refers to speculation. Islamic banking shows dramatic improvements and developments in Pakistan. Islamic banking is taken as national policy and it is supported but there exist dual banking structure in the…

    • 2925 Words
    • 12 Pages
    Better Essays
  • Good Essays

    There are clear differences between the Islamic principles and conventional principles in the financial system. However, one must refrain from making a direct comparison between Islamic system and conventional system. This is because they are extremely different in many ways. The key difference is that Islamic system is based on Shariah foundation. Thus, all dealing, transaction, business approach, product feature, investment focus, responsibility are derived from the Shariah law, which lead to the significant difference in many part of the operations with as of the conventional.…

    • 893 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Murabahah

    • 1313 Words
    • 6 Pages

    Originally, murabahah was a particular type of sale and not a mode of financing. The ideal mode of financing according to Shariah are mudarabah or musharakah. However in the perspective of the current economic circumstance there are certain practical difficulties in using mudarabah and musharakah as instruments in every type of financing. Therefore, the contemporary Shariah experts have allowed, subject to certain conditions, the use of murabahah on a deferred payment basis as a mode of financing. However, there are two important and essential points which must be remembered in this respect:…

    • 1313 Words
    • 6 Pages
    Good Essays