Al-Hilal Personal Finance Musawamah

Al-Hilal Personal Finance Musawamah

Question:

Dear Mufti saab, Assalamu-Alaikum,

I want to clarify the following:

AL HILAL BANK based in UAE offering islamic loans as mentioned below:

Al Hilal Bank Personal Finance Musawamah : Musawamah is a general and common kind of sale in which price of the commodity to be traded is bargained between the seller and the buyer. Unlike Murabaha, the seller in Musawamah is not bound by the Sharia'a to disclose the cost incurred and the profit made out of such a transaction. Both the parties may negotiate on the price. Musawamah can be used where the seller is not in a position to ascertain the exact cost of commodities the seller is offering to sell.

My query is whether the above is sharia compliant or not.

Kindly advise.  Jazakallah-Khairan.

Answer:

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

Your understanding of “Musawamah” is correct. However, in order for us to issue a ruling regarding “Al-Hilal Personal Finance Musawamah”, kindly submit the following information:

1. Contracts

2. Procedures and processes

3. How is Musawamah used as an Islamic Loan?

4. How does the Financial Institution determine its profit margin?

and Allah Ta'ala Knows Best

Mawlana Ismail Desai
Student, Darul Ifta
Durban, South Africa

Checked & Approved:
Mufti Ebrahim Desai

Disclaimer The views and opinions expressed in this answer belong only to the author and do not in any way represent or reflect the views of any organizations to which he may be affiliated with. The opinions and educational information proffered in this communication are based on the jurisprudential understanding and available knowledge of the author. Given that contemporary issues and interpretations of contemporary issues are subjective in nature, another scholar may reach different juristic inferences and conclusions to those as expressed by the author. Whilst every effort has been taken to ensure total academic integrity and honesty, the author is open to corrective measures based on sound academics and juristic inferences. The Shari’ah ruling given herein is based specifically on the specific scenario in question. The author bears no responsibility towards any party that acts or does not act on this answer and is exempted from any and all forms of loss or damage. This answer may not be used as evidence in any court of law without prior written consent from the author. Any or all links provided in our emails, answers and articles are restricted to the specific material being cited. Such referencing should not be taken as an endorsement of other contents of that website.

Browse   next Fataawa

Legacy of Mufti Ebrahim Desai in Islamic Commerce and Finance

Listen to Audio podcast of a Radio Islam programme

TOP