Halal mortgage products and services started appearing on the market to help devout Muslims borrow money. By their very nature, mortgages have historically always been interest bearing.
Islamically, interest (riba) is strictly prohibited. This means that many Muslims were unable to access funding that would enable them to step onto the property ladder.
For many people, purchasing a family home (or refinancing) is an important lifetime investment. However, Muslims in the past have struggled to find halal mortgages that would be in compliance with Sharia principles and rules relating to financial transactions.
Previously, many Muslims not wanting to pay interest on conventional mortgage products would opt to remain in rental properties.
WHAT IS A HALAL MORTGAGE?
Halal mortgages are considered to be compliant with Sharia principles because they do not have a loan that is based on interest payments or accrual.
By comparison, traditional mortgages have always included interest payments.
Halal mortgages are more of a long term plan that is offered by the bank to the borrower. This purchase plan contains repayment terms and conditions. However, the purchase plan does not contain any element of interest.
What the purchase plan effectively becomes is more of a sale and lease agreement.The aim of a halal mortgage is to ensure that any prospective homebuyer who wants to purchase a home and wants the terms of the agreement to comply with Sharia law is able to access funding.
Any lender or bank that offers halal mortgages will have taken guidance and advice from experts in Islamic finance and Sharia law. This ensures that the halal mortgage products they offer are fully halal and Sharia compliant.
COMPARISON BETWEEN A HALAL MORTGAGE AND A CONVENTIONAL MORTGAGE
In Islam, banks are not permitted to make profits from loans. Conventional mortgage loans are designed to profit the banks and the terms are often weighed heavily in favour of the banks. Customers are often required to pay back interest which can fluctuate depending on the market conditions.
The ethical Islamic finance principles that underpin halal mortgages mean that the power dynamic and relationship between banks and borrowers is more even.
HOW DO HALAL MORTGAGES WORK?
Instead, what will usually happen is that the bank will purchase the property on behalf of the borrower. The property will then be leased back to the borrower. The repayments will cover the initial purchase price and costs, and also an uplift to enable the bank to make a profit.
The monthly repayments made by the borrower to the bank will be partly put towards buying the property back from the bank and partly towards paying rent for residing in the property.
Once the term of the halal mortgage ends, the borrower will have paid back the bank and will fully own the property.
If you are looking for a halal mortgage, then you need to ensure that the lender complies with Islamic finance / Sharia principles.
TYPES OF ISLAMIC MORTGAGES
There are three main types of halal mortgage products that are available in the United Kingdom:
- MURABAHA
A Murabaha mortgage is one where the bank purchases the property and sells it straight back to the borrower. The bank makes a profit by selling the property to the borrower for more than it originally paid for it.
This is less of a home purchase plan, and more like a traditional mortgage process. As the home is being solD for money it is considered to be within the Sharia rules that regulate the financial transaction.
- IJARA
A home purchase plan that is an ijara one involves the bank (a Sharia compliant bank) becoming the legal owner of the property you want to buy. The bank will purchase the property and then lease it back to the borrower for a fee.
The borrower is then required to make monthly repayments on agreed terms for the fixed term of the 'mortgage'. The repayments will cover an element of rental payment, and also repayment of the capital that was used to make the initial purchase of the property.
Once the term of the mortgage ends, the borrower should have repaid the bank and be the full legal owner of the property.
Once the borrower takes full ownership of the property they can then remain in the property or sell it on.
- DIMINISHING MUSHARAKAH
Diminishing musharaka works differently to an ijara product. In this type of arrangement, the borrower and the bank jointly own the property as co-owners (similar to a business partnership arrangement). As the borrower makes the repayments, so their share of ownership increases and the banks share of the property decreases.The amount of deposit you put down will help determine your respective share of the property.
The good thing about diminishing musharaka products is that as the borrower makes the repayments, the rental repayment element decreases and the bank's ownership share will keep reducing as the borrowers increases.
DO I NEED A DEPOSIT FOR A HALAL MORTGAGE?
The answer to this question is yes. It is more likely than not that your lender will require you to put down a deposit.Of course, the size of the deposit will vary depending on the type of product you opt for and the lender you choose.
Normally, lenders will expect to see something in the region of a 20% deposit if you want to access a halal mortgage. However, it is important for you to look around at all the halal mortgages on the market and decide which one meets your needs.
There are some products and services that require much less than a 20% deposit.
You should also be aware that there are some additional costs you need to prepare for including:
- legal costs
- survey costs
- building insurance
- stamp duty
- broker fees
ADVANTAGES OF HALAL MORTGAGES
There are many advantages of having a halal mortgage, and halal mortgages are not only available for Muslims. Many non-Muslims are now accessing halal mortgage products and services as they understand the concept and underlying ethical basis they have.
Some of the main advantages of halal mortgages are as follows:
- According to experts, halal mortgages facilitate financial inclusion and access to property/ house ownership for previously marginalised groups
- Those who want to live by Islamic finance principles can access funding in order to get on the property ladder
- Islamic mortgages and services are an ethical way to fund property purchases
- Halal mortgages are regulated by the Financial Conduct Authority ( FCA ) so borrowers have protection
- Islamic mortgages are less susceptible to market crashes and changes in economics
- Halal mortgages can offer borrowers the chance to own real property with stable property value
- Halal mortgages are not normally subject to fluctuating interest rates
- Halal mortgages have been approved by scholars
- Halal mortgages do not incur or charge interest (interest is strictly prohibited in Islam)
WHAT ARE THE RISKS INVOLVED WITH HALAL MORTGAGES?
It is important to start by saying that halal mortgages are no riskier than conventional mortgages.
One of the main problems with halal mortgages is knowing where to find them and doing your due diligence. This can be a complex and time-consuming exercise.
Sometimes, the rental repayments can be higher than if you opt for a conventional mortgage repayment plan. However, this is the price that is payable for having a home purchase plan that does not charge interest.
There has some been criticism of halal mortgages in recent years for being expensive. However, most banks and lenders who offer halal mortgages will be happy to go through the terms with you and offer favourable rates and services.
If you miss your repayments under a halal mortgage, you will face the same consequences you would as if you had a conventional mortgages. If you do not make the necessary payments then you could face repossession and court proceedings.
Your initial outlay and costs may be higher with a halal mortgage. Many banks have higher administration and processing costs so always check the terms and conditions of any agreement.
However, remember that halal mortgages are fully regulated by the Financial Conduct Authority and this means borrowers have legal protection. You can visit their website to find details of the protections available to borrowers.
In addition, the Financial Services Compensation Scheme does apply to lenders offering halal mortgages.