Islamic finance standard documentation in the context of real estate finance transactions
Produced in partnership with Foot Anstey LLP
Islamic finance standard documentation in the context of real estate finance transactions

The following Banking & Finance guidance note Produced in partnership with Foot Anstey LLP provides comprehensive and up to date legal information covering:

  • Islamic finance standard documentation in the context of real estate finance transactions
  • Ijarah
  • Diminishing Musharaka
  • Commodity Murabaha
  • Structuring with conventional borrowing
  • Legal, tax and regulatory issues
  • Islamic property investment
  • English law and Shari'ah

Islamic real estate finance is becoming increasingly mainstream. The purpose of this Practice Note is to explore in some detail the main Islamic real estate finance structures:

  1. Ijarah

  2. diminishing Musharaka and

  3. commodity Murabaha,

focusing on the documentation required for each structure and the legal, tax and regulatory issues which underpin them. This Practice Note will also touch upon the principles and practicalities involved in Islamic real estate investment in the context of UK real estate transactions.

See also, Practice Note: Real estate finance—Shari’ah-compliant transactions.

Ijarah

Ijarah, which means leasing, is a structure commonly used in the UK residential property market.

Under this structure, the bank buys the property from the seller and then the bank grants a lease to the buyer for a certain term. At the same time as granting the lease, the bank promises to transfer the property to the buyer at the end of the term of the lease. The buyer then makes payments to the bank during the term of the lease, which comprise of both rental payments and capital contributions. The rent represents an agreed profit, typically calculated using a benchmark, such as LIBOR, plus a margin.

The bank is required to own the property in order to have a right to receive rental payments. This must be ownership in substance, not just prima facie. This means that the