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«COMPARISON OF DIMINISHING MUSHARAKA AND CONVENTIONAL HOUSE FINANCING CONTRACTS Imran Ali Shaikh College of Management Sciences PAF-Karachi Institute ...»

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Market Forces October 2006 Vol. 2 No. 3

COMPARISON OF

DIMINISHING MUSHARAKA

AND CONVENTIONAL

HOUSE FINANCING

CONTRACTS

Imran Ali Shaikh

College of Management Sciences

PAF-Karachi Institute of Economics & Technology E-mail: imrankiet@yahoo.com

Methodology:

This paper compares diminishing musharaka and conventional house financing contracts as formulated by banks in Karachi in mid 2006. The following aspects of the diminishing musharaka and conventional house financing contracts have been compared.

1- Commencement of agreement 2- Termination of contract 3- Risk of loss 4- Ownership provision 5- Sale transfer 6- Expense consequent to ownership I would like to thank the following bank executives for providng access to data.

Farhan Usmani, Faizan Memon, Muhammad Mubashir, Syed Raza Hussain, Javed Iqbal and Yasir Akbar Ali.

7- Security 8- Liability of bank / clients 9- Rights of bank / clients 10-Penalty on late payment I have also compared the following terms and conditions of the contracts.

1- Rate of return for salaried clients 2- Rate of return for businessmen 3- Age of salaried clients 4- Age of business clients 5- Income (minimum) required 6- Tenure 7- Amount (minimum and maximum) of advance 8- Debt equity ratio 9- Insurance 10-Processing fee 11- Mortgage deed 12- Bank statement requirements for salaried clients 13- Bank statement requirement for businessmen 14- Copy of NIC and passport size photographs 15- Business proves and job proves I visited 10 banks: four Islamic banks and six conventional banks for obtaining Diminishing Musharaka house financing and conventional house financing contracts in mid 2006. These included,

1. Standard Chartered (Islamic Bank)

2. Faysal Islamic Bank

3. Meezan Bank

4. ALBaraka Islamic Bank

5. MCB

6. Mybank Bank Limited

7. Allied Bank Limited

8. National Bank of Pakistan

9. Standard Chartered (Conventional) 10- Bank Al-Habib Contracts were obtained from three Islamic banks and three conventional banks, I also collected data from these six banks through interviews of executives.

These banks are,

1. Standard Chartered (Islamic Bank)

2. Meezan Islamic Bank

3. ALBaraka Islamic Bank

4. Mybank (Conventional)

5. MCB

6. Standard Chartered (Conventional) Analysis of Differences in Contracts of Diminishing Musharaka house financing and conventional house financing contracts in Karachi.

1-Commencement of agreement:

Diminishing Musharaka house financing contract.

The contract of Diminishing Musharaka house financing can be effected for a future date on the condition that the “profit” rate is payable after possession of the house by the client. Thus an effective forward contract is allowed despite its prohibition in Islam. It is called “a later” contract by the Islamic bank. Repayment of principal and “profit” / rent becomes due on possession of property by the client.

Conventional house financing contract.

The contract of conventional house financing can be effected from the first day of the agreement without the client’s possession of the property.

2-Termination of contract:

Diminishing Musharaka house financing contract.

(a) If the financier contravenes any term of the agreement, the client has the right to terminate the Musharaka contract unilaterally. If there is no contravention on the part of the financier, the contract cannot be terminated without mutual consent by the client. The bank can terminate the contract without mutual consent, if the client does not pay “profit” on time, and he is not able to buy the shares of the bank according to schedule.

(b) In case of the death of the client the contract will be terminated and it will be renewable by his successors.

(c) The client can terminate contract by purchasing the shares of the bank.

–  –  –

3-Risk of loss:

Diminishing Musharaka house financing contract.

In the Diminishing Musharaka house financing contract the financier as a Shirkat-ul-Milk participates in “profit” not in loss, the client will participate in both “profit” and loss, and the client will bear all losses.

Conventional house financing contract.

In the conventional house financing contract, there is no “profit and loss” agreement between the bank and the client. The client suffers losses,. Losses can occur due to improper location, insufficient material employed in building, other technical problems and improper care.

4-Ownership provision:

Diminishing Musharaka house financing contract.

In the Diminishing Musharaka house financing contract the bank and the client co-own the house according to a predetermined ratio, if the bank invests 80% and the client invests 20%, the bank will own 80% of the property.

Conventional house financing contract.

In a conventional house financing contract, the client has ownership, but his property papers remain in the bank until after paying of all scheduled amounts.





Conventional banks prefer simple and registered mortgages.

5- Sale Transfer:

Diminishing Musharaka house financing contract.

In Diminishing Musharaka house financing contracts, the client and the bank jointly buy the house on the basis of a debt equity ratio, usually (80:20 or 60:40). The bank divides its equity shares into equal units. The bank makes an agreement to allow the client to buy the units periodically, thus reducing the share of the bank and increasing the share of the client.

This arrangement allows the bank to claim “rent” according to its proportion of ownership in the property and at the same time allows a periodical return of a part of the principal through purchase of the units of the bank’s share of the house by the client.

Conventional house financing contract.

In conventional house financing contract the client is the sole owner of the property, the bank has the mortgage deed of the client’s property. The bank divides its loan into equal installments with fixed interest rate. Thus the client pays principal plus interest periodically. After completion of installments in the required period, the bank releases the mortgaged documents to the client.

6-Expense consequent to ownership:

Diminishing Musharaka house financing contract.

In Diminishing Musharaka house financing contract the client pays all expenses consequent to ownership, the bank participates in “profit” not in expenses or losses.

Conventional house financing contract.

In conventional house financing contract the client pays all the expenses consequent to ownership.

Conventional banks do not incur any expenses.

7- Security:

Diminishing Musharaka house financing.

Standard Chartered (Islamic banking) requires mortgage of the client’s part of the house, which the bank and the client buy jointly. Meezan Bank and AlBaraka require mortgage deeds. They prefer simple and registered mortgages.

Conventional house financing contracts.

Conventional banks require memorandum of title deed and mortgage deed of the house which is going to be financed. Conventional banks also prefer simple and registered mortgages.

8- Liability of bank and client:

Diminishing Musharaka house financing contract.

In Diminishing Musharaka house financing contracts the bank is liable for complying with the terms of the agreements. These include payments according to pre-determined schedules and sale of its share to the client. At the time of agreement the bank must disclose all facts pertinent to the agreement before the agreement is enacted.

The client is also liable for complying with the terms of the agreements. He is responsible for investing according to the mutual agreed “debt” equity ratio, buy unit shares of the bank periodically according to schedule pay “profit” rate on time, disclose all facts before agreement.

Conventional project financing.

In conventional house financing contracts the bank is liable for complying with the terms of the agreement as is the client.

9- Rights of bank and client:

Diminishing Musharaka house financing.

In Diminishing Musharaka house financing contracts the following are the rights and the powers of partners.

(a) The bank and the client cannot sell their undivided shares of the property. Islamic banks in Pakistan do not recognize the right of the client to sell his share of the property.

(b) The bank has the right to charge penalty on late payment. It has the right to sell the house if the client is not able to buy unit shares of the bank, according to schedule.

(c) The client has the right to become a sole owner of the house after buying the full share of the bank.

Conventional house financing.

In a conventional house financing contract the following are rights and powers of the bank and the

client.:

(a) The bank has the right to auction the property, if the client defaults.

(b) The client has the right to get his mortgage released from the bank through paying off his debt.

10- Penalty for Late Charge:

Diminishing house financing contract.

In Diminishing Musharaka house financing contracts the bank is entitled to charge penalty on late payments. Standard Chartered (Islamic bank), Meezan and Alabaraka charge penalty after 45 days.

If the client makes late payments, the bank will continuously charge penalty.

Conventional house financing contract.

In traditional house financing the bank is entitled to charge penalty on late payments after 45 days.

Table 1 summarizes terms and condition of both types of contracts in Karachi in mid 2006.

–  –  –

1-Fixed rate:

Diminishing Musharaka house financing.

Standard Chartered (Islamic banking) offers Diminishing Musharaka house finance to consumers for buying a house, at the fixed “profit” rate of 14% for salaried clients and 14% to 15% for businessmen and offers “rent” pricing options for 1,3,5,10 year periods. The client has the option to agree to a fixed rate of “profit” for 1 year. After one year the fixed rate of “profit” can be changed. Meezan Bank offers similar financing at the fixed “profit” rate of 15% for salaried persons and 17% for businessmen, there is also an option available for fixing the “profit” rate for 3,5,10 years, AlBaraka also offers Diminishing Musharaka house financing at 12% fixed rate available for salaried persons and businessmen. It does not offer rent pricing options for fixing the profit rate.

Conventional house financing.

In conventional house financing Mybank offers conventional house financing with fixed interest rate of 12% for salaried persons as well as for businessmen. Standard Chartered (conventional bank) offers house financing at the fixed interest rate of 14.45% for salaried persons and 14.95% for businessmen. MCB offers house financing at fixed interest rate of 11% for salaried persons and for businessmen.

2- Age:

Diminishing Musharaka house financing.

Standard Chartered (Islamic Bank) requires age limit for Diminishing musharaka house financing borrowers of 25 to 65 years for salaried persons and 25 to 65 years for businessmen. Meezan Bank requires age limit 25 to 65 years for salaried persons and businessmen. AlBaraka Islamic Bank requires age limit of 25 to 60 years for salaried persons as well as businessmen.

Conventional house financing.

In case of conventional banks, My bank requires age limit for conventional house financing of 25 to 65 years for salaried persons and businessmen. Standard Chartered (conventional bank) requires age limit of 25 to 65 years for salaried persons and businessmen. MCB requires age limit of 22 to 65 years for salaried persons and 21 to 65 years for businessmen.

3- Income:

Diminishing Musharaka house financing.

Standard Chartered (Islamic Banking) requires minimum income per month to be Rs 20000 for both salaried persons and businessmen. Meezan Islamic bank requires minimum income per month to be Rs. 25000 for both salaried persons and businessmen.

ALBaraka Islamic bank requires a minimum income of Rs. 20000 for salaried persons and businessmen.

Conventional house financing.

In case of conventional house financing, MyBank requires minimum income of Rs 20000 per month for salaried persons as well as businessmen. Standard Chartered (Conventional banking) requires minimum income of Rs 20000 per month for salaried persons and Rs 50000 for businessmen. MCB requires minimum income of Rs 18000 per month for both salaried persons and businessmen.

4-Tenure:

Diminishing Musharaka house financing.

Standard Chartered (Islamic bank) offers Diminishing Musharaka house financing for a duration of one to ten years. Meezan Islamic bank offers 3 to 15 years. AlBaraka Islamic bank offers 3 to 20 years.

Conventional house financing.

In conventional house financing, MyBank offers house financing for the duration of 3 to 15 years. Standard Chartered offers house financing for the duration of 3 to 20 years and MCB offers a duration period of 3 to 20 years.

5- Amount:

Diminishing Musharaka house financing.

Standard Chartered provides Diminishing Musharaka house financing amount from Rs 300,000 to Rs 20 million and Meezan Bank provides amounts of Rs 400000 to Rs 20 million. AlBaraka Islamic Bank provides Rs 500000 to Rs 20 million.

Conventional house financing:

Mybank provides house financing amount ranging from for Rs 300000 to Rs 20 million. MCB offers house financing for minimum amount of Rs 500000 to a maximum of Rs 20 million and Standard Chartered Conventional’s financing ranges from Rs 300000 to Rs 25 million.

6-Debt-equity ratio:

Diminishing Musharaka house financing.

Standard Chartered (Islamic banking) offers Diminishing Musharaka house financing at 60:40 “debt” equity ratio, and Meezan bank offers house financing at 80:20 “debt” equity ratio. AlBaraka Islamic bank offers similar product at 80:20 “debt” equity ratio.

Conventional house financing:



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