Category: Business Matters
Fatwa#: 37248
Asked Country: Canada

Answered Date: Feb 24,2017

Title: Zero Mortgage of Canada?

Question

Zero Mortgage is sharing this response to everyone who has contacted them on this issue:

 

"Mufti Ebrahim Desai has not reviewed the entire process, internal documentation and processes. We therefore do not agree with the fatwa. Please also advise that a detailed White pages will be issued regarding the matter proving the permissibly of Zero."

Mufti Ismail Desai


Seems your response is different from what Mufti Ismail is telling people. Since your response clearly states you do not have enough info it is best to make a final opinion after having all the info.  It is only a Mushwara I am giving.

 

Zero said they invited Mufti Ismail to come to Canada but visa issues have delayed. He was going to come to make some changes but the current model in his view is compliant as have the 3 senior scholars signed to. I think it is better you speak to your son who is incharge of the Shariah product. Zero shared past responses of askimam and they are not inline with the last fatwa.

 

Wasalaam

Answer

I take note of Zero Mortgages response through my son, Mufti Ismail Desai's statement. Unfortunately, the statement  is misplaced.


I have responded to Zero Mortgage in detail after having clarified the issue with my son. He concurs with my concerns and stated to me that he has communicated his concerns with Zero Mortgage and awaiting their response.


Hereunder is my response to Zero Mortgage.


Jazakallah

 
Mufti Ebrahim Desai

______________

I wish to clearly state that Mufti Ismail Desai is my son who I love dearly. However, I am duty bound to Allah for a correct representation of the Shariah. I received the Musharakah document of Zero Mortgage and my comments are based on that document. If that is the base document that governs the transaction, how will internal documentation, process and white paper make a difference? Please explain.

 

The simple process is to get the official Shariah Board of Zero Mortgage to respond to my concerns which I will view objectively. The reason why I have stated that I will review further documentation is on the last page of the Musharakah document, it refers to related contracts which were not attached. However, that does not make a difference on my comments on the Musharaka contract of Zero Mortgage. My Fatwa thus should not be interpreted as inconclusive.

 

I have just spoken to my son now who is travelling to Botswana. He has stated to me that he also raised concerns with Zero Mortgage and has given Zero Mortgage a time frame to correct and respond to the issues. In any event, barring my son Mufti Ismail, I have raised valid concerns regarding the Shariah Compliancy of the contract. You are welcome to get the official Shariah Board of Zero Mortgage to respond to me and send the full documentation with the internal processes involved. Be rest assured, I will view the issue objectively. However for now, my Fatwa will remain on the website. We have removed the previous Fatwa on Zero Mortgage answered by Mufti Ismail from the Askimam website which was not approved by me.

 

-          Mufti Ebrahim Desai

DISCLAIMER - AskImam.org questions
AskImam.org answers issues pertaining to Shar'ah. Thereafter, these questions and answers are placed for public view on www.askimam.org for educational purposes. However, many of these answers are unique to a particular scenario and cannot be taken as a basis to establish a ruling in another situation or another environment. Askimam.org bears no responsibility with regards to these questions being used out of their intended context.
  • The Shar's ruling herein given is based specifically on the question posed and should be read in conjunction with the question.
  • AskImam.org bears no responsibility to any party who may or may not act on this answer and is being hereby exempted from loss or damage howsoever caused.
  • This answer may not be used as evidence in any Court of Law without prior written consent of AskImam.org.
  • 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.