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Question
Is 0% financing halal in a new vehicle purchase. I have been told there are some conditions in the contract that causes the transactions to be void. "Shaairallah" in the Quran. What are they? Who chooses these Shaair? Please kindly provide reference.

Answer
10th Rabi-ul-Awwal 1425 - 29th April 2004 Bismihi Subhanahu wa Ta'aalaa

Car financing methods offered by conventional banks are not permissible.

Mufti M, Taqi Saheb explains,

"The concept of hire purchase is not fully in accordance with Shari'ah. The acceptable form of such a finance should be either on the basis of leasing where at the end of the period of lease the lessor would be at liberty either to repossess the asset or sell it to the lessee himself or to any other party. The price of the sale can be determined at that stage by mutual consent. It may be its depreciated value or a nominal value or whatever price they may agree upon. The second acceptable form of Auto finance may be on the principle of decreasing partnership."

(Mufti M. Taqi Usmani Saheb. - Contemporary Fatawaa)

For a detailed exposition of conditions etc. please refer to:-

Islamic finance - Ijarah - Mufti M. Taqi Usmani -

http://www.darululoomkhi.edu.pk/

Meezan Islamic Bank car fianancing.

http://www.meezanbank.com/car-faq.asp

Sha-aa'irullah - The Arabic word Sha-aa'ir is the plural of Sha'eerah which literally means a sign. Things which are the salient and distinguishing features of a particular religion are known as it's Sha-aa'ir.

The Sha-aa'irullah are those salient symbols of which differentiate Islam from other religions. E.g. The Haj, qurbani, Salaat, Adhaan, etc. (Ma'aarif-ul-Qur'an) For example Allah (SWT) refers to Safa and Marwa as the Sha-aa'irullah.

"Verily, Safa and Marwa are of the symbols of Allah...." (2:158)

Muslims have been commanded to honour these symbols.

"And whoever honours the Symbols of Allah, then it is truly, from the piety of the hearts." (22:32)

Some commentators are of the opinion that anything which become the means of Ibaadah (worship) are known as Sha-aa'ir.

Hadhrat Zaid Bin Aslam (R.A) says that the Sha-aa'ir are six; Safah and Marwah, animals of Qurbani, place of ramee (i.e. Pelting of the stones during Haj), Masjid-ul-Haraam, Arafaat and Hajar-al-Asawad. (black stone).

(Anwaar-ul-Byaan - Page 236, Vol. 6)

Allah (SWT) Knows Best.

(Mufti) Abdullah Patel.

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