Advisory Center for Affordable Settlements & Housing

acash

Advisory Center for Affordable Settlements and Housing
ACASH

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Document TypeGeneral
Publish Date21/10/2002
Author
Published By“guidance Financial Group”
Edited ByTabassum Rahmani
Uncategorized

Global: Declining Balance Co-ownership Home Acquisition Program – Fatwa on Disclosures

We, the Shari’ah Supervisory Board of Guidance Financial Group, LLC (Guidance) have examined the documents of the Declining Balance Co-Ownership Home Acquisition Programs, inclusive of the Co-Ownership Agreement, Security Instrument, Consumer’s Obligation to Pay, and Assignment of Agreements, all of which are required for each program. We have reviewed these documents and the purposes for which they have been designed, namely: 1. to assist Muslims and others residing in the United States of America to acquire their homes in compliance with Shari’ah, 2. to enjoy the tax benefits accorded by the federal government to homeowners and for the investors to securitize their own investment in homes. The basic concept behind these contracts and documents is that the property is purchased in joint ownership between an affiliate of Guidance (the Co-Owner) and the person who requires finance (the Consumer). The Consumer makes monthly payments which are comprised of Profit Payments and Acquisition Payments. Profit Payments represent the Consumer payments for the enjoyment and use of the whole property, while Acquisition Payments represent the Consumer’s payments for his acquiring the Co-Owner’s interest in the property. It has been ascertained by the Shari’ah Supervisory Board that the documents comply with the Shari’ah requirement for a valid “Diminishing Musharakah” arrangement and that both parties benefit and bear the risks of their respective shares in the property throughout the contractual arrangement.

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