PermissibleIslamic Banking·2012-09-10

Islamic Home Financing

Diminishing musharakah (Musharakah Mutanaqisah) home financing

Plain-Language Summary

Diminishing musharakah (MM) home financing — where the bank and customer co-own the property, the customer progressively buys out the bank's share, and pays rental on the bank's remaining share — is permissible and considered the most robust Islamic home financing model.

Scholar
Mufti Muhammad Taqi Usmani

Mufti · Hanafi

Jurisdiction
Pakistan

Shariah Advisory Committee of the State Bank of Pakistan

Confidence
●●●High Confidence

Full Ruling

Under diminishing musharakah: (1) Bank and customer jointly purchase the property as co-owners. (2) The customer pays rent on the bank's ownership share (a genuine ijarah contract). (3) The customer periodically purchases portions of the bank's share, reducing the bank's ownership and rental payments correspondingly. (4) Eventually the customer owns 100% of the property. (5) Each element — partnership, rental, and sale — is a separate valid contract. (6) Bank's profit comes from rental income on its ownership share, not from a loan.

Rationale & Reasoning

This model is superior to BBA/murabahah because the bank maintains genuine ongoing economic interest in the property. The rental reflects the bank's real ownership share at each point, making the economic substance truly different from interest on a loan.

Rule Basis (Daleel)

  • 01Musharakah (partnership) contract
  • 02Ijarah (rental) on co-owned property
  • 03Progressive purchase of ownership units

Citations & Sources

AAOIFI Shariah Standard No. 17 – Investment Sukuk

AAOIFI · 2003

Ref: SS-17

AAOIFI Standard

Related Rulings

This ruling is for research purposes only. Consult a qualified Shariah scholar or advisor for specific financial decisions.