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Monday, March 23, 2015

Islamic implication of the availability of GSE mortgage funds - Part 2

Part 2 - Mortgage-Overspending Paradox

Muslims have long been warned of such detrimental spending habits, referenced in part 1.  Prior to the immigration of the Prophet (S) to Madinah.  A series of verses in Surah Al Isra [17:23- 39, labelled by some as the 10 commandments] were revealed.  They were meant to be amongst the cumulative wisdom revealed to formulate an Islamic community and society.


The verses begin with the hierarchy of rights upon an individual that are due; from Allah (SWT) down to the wayfarer.  A stern warning is given regarding squandering wealth; ‘and do not squander recklessly.  Surely, squanderers are the brothers of satans.’


Alluded is the correlation between squandering of wealth and the antithesis of such; the fulfillment of the rights of others.  From a practical view, the verse begs the question, ‘how could one spend in the way Allah ,or give to the needy (or fulfill any others due right), if the very custodial provisions that one handles, are being directed elsewhere or, more strongly put, being mishandled?’  


Further clarification is given; ‘And do not keep your hand tied to your neck, nor extend it to the full extent, lest [avoid the risk] you should be sitting reproached [disappointed], empty-handed.’  Reaffirming that misappropriating your financial resources by either being overly greedy and/or conversely overly superfluous will put one at risk of sitting empty-handed; financially and spiritually.


The relationship between (burdensome) debt and worry, grief and stinginess is brought to life in this context the dua of the Prophet(S)
اللهم إني أعوذ بك من الهم والحزن وأعوذ بك من العجز والكسل وأعوذ نك من الجبن والبخل وأعوذ بك من الغلبة الدين وقهر الرجال


O Allah, I take refuge in You from anxiety and sorrow, weakness and laziness, miserliness and cowardice, the burden of debts and from being overpowered by men


The fact that such negative qualities are linked with the burden of debt, and subsequently being overpowered my men, in one dua is not alarming.  In a recent study by the American Psychological Association, the primary stressor for Americans is money.  The leading manifestation of given stress is fatigue, anxiousness, the feeling of being overwhelmed, lack of motivation/energy and feeling depressed.
[https://www.apa.org/news/press/releases/stress/2012/full-report.pdf]


The pinnacle of these verses from Surah Al Isra (17:30) revolves around the simple understanding that not only does sustenance come from your Lord, but it is also restricted from your Lord;  ‘Indeed, your Lord expands sustenance for whomsoever He wills, and constricts (for whomsoever He wills). Surely, He is All-Aware of His servants, All-Seeing.’
In his tafseer of these verses, Mawdudi comments that attempting to upset this balance, set by the creator, by the influx or redistributing of provisions is a direct contradiction to this verse, as Allah (SWT) is All-Aware and All-Seeing of His servants.


This direct contradiction is demonstrated with the ease of availability of funds, and its attributes of a large liability relative to income and length of term.  In essence, the big box method of the home loan is the epitome of what the Quran warns again; and do not squander your wealth recklessly.
وَلَا تُبَذِّرۡ تَبۡذِيرًا


The correlation between reckless financial habits and fulfilment of the established rights of others are further present in the Quran.


In Surah Al Baqarah, spanning nearly 3 pages (lines 2:261-281) the etiquette and reward of charitable givings is maintained.  Referenced is wide array of topics from overt/covert givings to seeking out those who do not ask.


After lengthy discussion on the method of handling the provisions given by the creator, a stern warning is given to those who practice poor financial habits initiated with usury.  This beautiful juxtaposition illustrates the acceptable, as well as the unacceptable, methods of handling finances.


Poor financial habits, in these particular verses embellished with riba, can be discerned as a threat to the practice of giving, and practically a gateway to excessive spending.  The end result is, as the verse of Surah Al Isra reminds us, ‘lest [avoid the risk] you should be sitting reproached [disappointed], empty-handed.’  The warning of this denial of the fundamental right of a portion of society was so stern that it could only have been revealed at the formation of the first Islamic society.


Similarly in Surah Al Nisa, verses 4:161-163, Allah (SWT) references the wrongdoing of the Jewish people, ‘And their taking of Riba though they were forbidden from taking it, and their devouring men's substance wrongfully...’
The very next line references those among them who were firm in knowledge,
‘But those firm in knowledge among them and the believers believe in what has been revealed to you, [O Muhammad], and what was revealed before you. And the establishers of prayer [especially] and the givers of zakah and the believers in Allah and the Last Day - those We will give a great reward.’


Hence the correlation between the fulfillment of the rights of others and substandard financial habits is a common theme in the Sunnah of the Prophet(S) and the Quran.  Financial planners, contend that the availability of excessive financing, being either Islamically compliant or not, clearly puts the person at risk of being a spendthrift.  Islamically the fear is further expounded; foregoing the rights of others.
Dave Ramsey, a celebrity Christian financial author - as well as others in the field, have also recognized this link.  The culmination of Ramsey’s financial plan includes not only removing all forms of the borrowed funds but ultimately giving in the form of charity.  Hence the fulfillment of the rights of others is recognized by the trained in the field.  The hindrances of said fulfillment is also recognized; overbearing debt easily facilitated by the availability of funds.


The realization of overbearing debt is even more so dangerous in our day and age as
the availability of easily financed funds are now present in a wide array of products; department stores, furniture stores, cell phone carriers, pet stores, and even bicycle shops.  This leveraging the long term for the immediate possession of goods is often facilitated via overzealous employees with reward incentives for opening such finance accounts!


The most famous psychology ever experiment conducted, by Walter Mischel, revolved around the quintessential dilemma of short term satisfaction vs long term gain.  


In the experiment, children were asked to sit in front of a marshmallow.  If there were able to resist the temptation of the marshmallow for a short period of time, they would be rewarded with a larger treat for their patience.  


The children were followed up later in life, and the ones who were able to sacrifice the short term satisfaction were more successful due to their discipline; higher SAT scores, greater social and cognitive competence, greater educational attainment, and less drug use and criminal record.


Despite the fact that this experiment was conducted over 40 years ago, this Quranic dua encapsulated the very essence of short term satisfaction (dunya) whilst not sacrificing long term (akhira) gain.  
"‏اللهم آتنا في الدنيا حسنة، وفي الآخرة حسنة، وقنا عذاب النار‏
O our Lord! give us in this world that which is good and in the Hereafter that which is good, and save us from the punishment of the Fire


The essence of Islamic teaching is not only recognizing, and avoiding, that which is an obvious prohibition of the religion, but also the implementation of diligence in avoiding that which leads to the prohibited matter.  The following verse serves as a warning of such items that have been beautified and subsequently desired.

زُيِّنَ لِلنَّاسِ حُبُّ ٱلشَّهَوَٲتِ مِنَ ٱلنِّسَآءِ وَٱلۡبَنِينَ وَٱلۡقَنَـٰطِيرِ ٱلۡمُقَنطَرَةِ مِنَ ٱلذَّهَبِ وَٱلۡفِضَّةِ وَٱلۡخَيۡلِ ٱلۡمُسَوَّمَةِ وَٱلۡأَنۡعَـٰمِ وَٱلۡحَرۡثِ‌ۗ ذَٲلِكَ مَتَـٰعُ ٱلۡحَيَوٰةِ ٱلدُّنۡيَا‌ۖ وَٱللَّهُ عِندَهُ ۥ حُسۡنُ ٱلۡمَـَٔاب
‘It has been made attractive for people to love the desired things; that is, women, children, hoarded heaps of gold and silver, branded horses, cattle and tillage. That is an enjoyment of the worldly life; but with Allah lies the beauty of the final resort.’ Surah Ali Imran (3:14)


In fact, such guidance was given to the first of mankind;  Adam (AS), as told in surah Al Baqarah (2:35):
 وَلَا تَقۡرَبَا هَـٰذِهِ ٱلشَّجَرَةَ
and do not go near the tree!  From the infinite wisdom of our Creator, He knows that the best method for Adam (AS) was to simply distance himself from the tree.  


Infact, the children most successful in the Marshmallow experiment, referenced above, did exactly that; they distanced themselves, physically and/or mentally, from the marshmallow.  The children who did not fare so well would often be lost in the allurement and amaze of a the beautiful marshmallow; touching, smelling, tasting… ultimately eating!  This observation has lead Mischel to conclude that the most practical way to restrain from overindulgence is simply to avoid the situation altogether, as similarly commanded of Adam(AS).
   
The path to overindulgence has evolved into, and revolves around, the allure of easily available financing.  Conventional mortgages, being the largest financed product of Americans, are the proverbial marshmallow.


The statistics show that we, as an American society, not only have been offered said marshmallow, in the form of easily available money, but that we have binged on them.  


What is more frightening, for the consumer, is that the answer of the financial sector to this convoluted problem is to increase lending!  This subtly appears in the form of reducing the monthly obligation by lower rates, interest only products or lengthening the term of borrowed funds.  Hence it is now common to see car loans up to 7 or even 10 years.  Home loans have seen such things as interest only loans and even 40 year terms.  Credit cards minimum payments have similarly decreased to amounts such as 1% principal + interest; translating to a payment (and balance) that will continue on practically for an indefinite time!


The approach of the Islamic Finance sector to this complex scenario of home finance revolves around the exclusion of interest from the transaction between the homeowner and the financing entity (the primary transaction).


The de facto result is, regardless of your view on their respective permissibility, a finance method focusing on the mechanism of the transaction, e.g., a contract based on leasing or partnership that a scholar, or group of, agree that removes riba from the primary transacting.  The standard benchmarks [DTI, LTV, term, rate] observed with conventional loans are utilized with the Islamic alternatives.  As a result, the ability to procure an Islamic loan product is practically identical with that of the conventional counterparts.  The respective payment amounts and terms are also similar.  Lending to the similarity of the many such Islamic products naturally resulted from the inclusion of the GSE’s into the process.  


The mainstream shift recently [AMJA opinion regarding Islamic finance companies 10/14/2014] however has been to question the involvement of the GSE’s.  The standard benchmarks, or said consequences of such, are not considered.  The troubling questions must be asked;  in lieu of the mechanism of the transaction [between the lender and lendee], are the standard benchmarks [set by Fannie and Freddie], which were instrumental at the arriving of given Islamic product, Islamic?  What are the ramifications on a society that is allowed to allocate 45% of its pre tax income to paying debt for 30 years while putting as little as 3% down?  


The adherence to these conventional benchmark values have been held strongly by the GSE’s, which ultimately trickle into Islamic products.  Their view is quite clear;  more money to lend, longer terms and ease of access.  


The reality is that the mortgage sector’s purpose is to create loans.  Revenues are directly correlated to the generation of loans.  Accordingly there will always be a mortgage sector creating products that suits the largest amount of borrowers, from Islamic, sub-prime, reverse, etc.  Fannie Mae alone, for example, earned more than 84 billions dollars in 2013.  Simply put; more borrowers (regardless of criteria) equates to more revenues.
The question must be asked, when FHA says, ‘Another American dream comes true,’ one has to wonder, who is the beneficiary of the this dream, the homeowner or the bank?


Although interest does effectively serve as a gateway towards over embellishment and a spendthrift mentality, these detrimental practices can easily be implemented in a manner, label as halal, via ease of accessibility of borrowed funds..  Hence while riba aversion is focused on, the gateway to squandering of wealth and overburdening debts, which are inherently built in with conventional loans, albeit halal or haram, must be reproached.

An Islamic solution to this mortgage/overspending paradox could be attained.  Part 3 will explore several alternatives as well as the respective barriers.   

Wednesday, March 18, 2015

Islamic implication of the availability of GSE mortgage funds - Part 1

Part 1 - Government Sponsored Enterprise

As our lives evolve into more demanding professional, as well as family lives, our quest for convenience and affordability expands.  As a result, retailers have fostered the creation of an array of big box stores covering all sorts of categories; from department stores to electronics to groceries.  However our need, and love, for the big box retailer has evolved into other areas; Mortgages.


Yes, mortgages.  What’s even more strange is that the borrower may not even be aware!
The far majority of real estate loans created in America, and Islamic ones, ultimately reside with a handful extremely large enterprises.  


The main product of big box mortgage enterprise is the conventional mortgage.  Without exception, its does serve its purpose.  Its extremely convenient, affordable and an unlimited amount of loans could be created - a robust and ‘sustainable’ model.  Borrowers now have access to hundreds of thousands of dollars to purchase a home, a vacation home, a rental property - simply determined by their income and their payment history.  All this and, in some cases, putting as little as 3, 5 10% down.  


However access to such funds wasn't always so easy.


Prior to the New Deal [1932], local banks would lend funds that were actually on hand via deposits.  Terms were extremely short; 3 to 7 years.  Loan to value rates were low, ~60%; large down and short terms.  


Several New Deal measures created government sponsored enterprises (GSE’s) in the finance sector.  Their goal was simple; make it far easier for Americans to borrow money to purchase a home - the American dream (of homeownership) was born!


Upon initial formation, the length of GSE backed loans was bumped up to 25 years.  Relative home payments decreased which corresponded with a large increase in home values [60% after after adjusting for inflation].


Consumers were not complaining as it was far easier to buy a home, and move from the proverbial poor to the middle class.


Currently the limits set by Fannie Mae, which are reflective of ALL conventional loans (from any bank - even those formed under the auspices of Islamic Banks in America), allow a debt-to-income ratio of 45% with good credit.  This can be obtained with as little as 3% down.


If moving away to a non conventional loan, which exclude the bulk of Islamic financing houses, DTI ratios can increase to 55% and down payments could be as low as zero.  Not so surprisingly, these types of loans played a large role in the formation of the real estate bubble we witnessed in 2007.


To put this in context, the DTI typically includes loans on real estate, automobiles, student loans, credit cards and child supports.  It is weighed against one pre tax income.  When other monthly obligations are factored, such as utilities, phone, food, gas, medical and federal and state tax, it is surprising that Americans are able to stay afloat in the sea of borrowed money.  Or are we?


Since the inception of GSE’s in the mortgage place, the saving rates of Americans have consistently declined.  In 2006 the respective value was negative; indicating that Americans are spending more than they are earning!  The value has since risen to above zero.
[Bureau of Economic Analysis - Personal savings as a percent of disposable personal income]


The paradoxical relationship between the ease of availability of funds and overspending, i.e., lack of savings, has effectively been demonstrated.  


The question that needs to be considered, in lieu of such lax borrowing opportunities [not only present with mortgages but across the board] is; ‘what ramifications do funds, with such ease of availability, have on a society?’  


For over a decade, financial experts have actually answered - and as a result of such financial habits, e.g., lax borrowing regulations resulting in over leveraging, they have dubbed the US a spendthrift nation as evident by the declining savings rate!
From the mid 1980’s to the mid 2000’s to the present, economists, such as Lansing, have concluded that ‘Failure to boost saving in the years ahead may lead to some painful adjustments in the future.’
[http://www.frbsf.org/economic-research/publications/economic-letter/2005/november/spendthrift-nation/#subhead3]

The secular view of poor economic practice is that such behavior ultimately result in a predicament which will come to fruit upon retirement of the individual.  Islamic teaching not only focuses on the individuals near future, but concern beyond the individual is emphasized.  Part 2 will explore the responsibilities and hindrances as a result of ease of availability of funds.

Wednesday, March 4, 2015

Don't pay zakat!!

I want to stop paying zakat.
Yes, My dream is that I no longer pay zakat.
In fact, I want to help other people not to pay zakat!  There, I said it.

Now before you start throwing rocks at me, let me explain.
What do you pay zakat on?  Yes, I’m actually asking the question - what do you pay zakat on?
For the most part, or statistically speaking for Americans, the largest ‘zakat eligible’ item that we own is cash.  This cash can be in the form of a retirement fund, stocks, pension plan… things of this sort.  Sure there will a few that have crops, sheep and other things, however for the most part, Americans hold cash.

Now to answer the initial question - what do we pay zakat on;
Simply put, zakat is to be paid on items that we hoard.  Yes - hoarded items.  Again, there are crops, cattle and windfall items zakat is due on, however this is a fairly limited category for Americans.

So how do we not pay zakat?

Let zakat prompt us to utilize the money for growth and business.  In other words - do not hoard!

Islam is that it is an all encompassing way of life; from family life, to spiritual life, to fighting, to marriage, to divorce...       

It even encompasses the financial sphere.  Most people associate Islamic influence in finance with the prohibition of riba.  However there is an often overlooked element of zakat.

To better understand the relationship, I pose the question;
What would happen if I had a pile of money that I've been saving (hoarding) for retirement?  Simple - I’d have to pay zakat every year.  It’s my right, and there is nothing wrong with that.  However our Creator know’s that we don’t like to watch our hard earned money being reduced year after year by 2.5%!!

Hence we are given the option - do something with the money.  Stimulate the economy.  Do not hoard.  How so?  The possibilities are endless, but several more practical solutions would be to use the once hoarded money as start up capital for a business partnership - or lend it to a family member who needs to purchase a home.

What does this accomplish?  In the business start up example, it would accomplish:
  1. Your funds are no longer being hoarded causing economic stagnation - and therefore you wouldn't pay zakat.
  2. You are helping someone acquire halal funds to use as start up capital for a business.
  3. You potentially could be part owner of a business.
  4. If things go well, you’ll actually make money in said business- versus having the money reduced each year.
  5. The person who you partner with will be making money as well - If he was a zakat recipient, he no longer will be!
  6. The method of lending money will be riba free!  It will be a partnership versus a loan.

Zakat [or lack there of] would cause your once stagnant funds to grow and in the process allow growth to others!!

Hence I encourage everyone not to pay zakat!  Conversely, use the funds to help others realize their dreams.  Help them obtain funds in an entirely halal manner.  Help them benefit as the Prophet (S) did when he advised those who came asking for zakat.

Thursday, August 22, 2013

Paradigm Change in light of Surah Al Baqara



Structure of Scientific Revolution

PS – not yet a model of understanding mature enough to solve the problem

NS – The step where you can routinely solve your most important issues;  the paradigm is defined, and

items match up with the parameters (assumptions) defined by the paradigm.

MD – When the issues, problems, phenomenon appear that the model cannot handle.  The problem

may have changed, or how the solution is managed or both.

MC – The foundation for solving the central problem has been shattered by discovery of too many

anomalies that the theory cannot explain.

MR – One or more competing new models emerge from the crisis.  [The search for a New Model

that Works step].  It’s a revolution because the old model is so entrenched into the mental habits/

lifestyles that a new way of thinking is incomprehensible.  The length of this process is minimized if the

consequences of failing to find a new model are fatal.  [Almost always rocky]

PC – The new Paradigm is taught to newcomers in the field as well as those in it.  When the paradigm

becomes the generalldy accepted guide to work, the step is complete and we go to NS



Why change is slow:  People/systems resist change – they change when forced to or when there’s a

strong advantage.

2 paradigms are never seen as equal, or comparable, because each side uses their own parameters to

define the respective paradigm.

120. Never will the Jews nor the Christians be pleased with you (O Muhammad ) till you follow their

religion. Say: "Verily, the guidance of Allah (i.e. Islamic Monotheism) that is the (only) guidance.

And if you (O Muhammad ) were to follow their (Jews and Christians) desires after what you

have received of Knowledge (i.e. the Qur'an), then you would have against Allah neither any Wali

(protector or guardian) nor any helper.)

(121. Those to whom we gave the Book recite it as it should be recited (Yatlunahu Haqqa Tilawatihi)

they are the ones who believe therein. And whoso disbelieve in it, those are they who are the

losers.)

There are 2 or more paradigms in existence – Mohammed’s (S) is correct.

Present tense - The will never be agreement

Who so ever conforms to any other paradigm will have no protector helper – directed at the Prophet (S)

however the ruling applies to all of us.

Who is Al Lathena?  Varying opinion – either Xtians/Jews or Companions of the Prophet (S) – however,

this line is explaining that there should only be one paradigm to begin with.

Ibn Mas`ud said, "By He in Whose Hand is my soul! The right Tilawah is allowing what it makes

lawful, prohibiting what it makes unlawful, reciting it as it was revealed by Allah, not changing the

words from their places, and not interpreting it with other than its actual interpretation.''

(122. O Children of Israel! Remember My favor which I bestowed upon you and that I preferred you

over the nations).) (123. And fear the Day (of Judgement) when no person shall avail another, nor

shall compensation be accepted from him, nor shall intercession be of use to him, nor shall they be

helped.)

 Ya Bani – this topic was opened up with this address earlier on in the Surah.  Now it is concluded with

the similar phrase.  Towards the opening of the topic, it explains how they were tested with trials;

They think they have a special rank because trials they went through… however there was someone

selected before you with trials.  However – he completed/passed his test…  and look at the honor given

to him – ‘I am making you an Imam’

Previously in Al Baqarah, the historical span covered was from the era of Musa (S) to the Prophet(S).

However there are still issues with their paradigm.  So this next section we go back to Abraham – as

starting at the commonalities would be the best way to address the parameters of the paradigm.  This

will be the end to the debate concerning their history and religious conduct

Allah says – lets examine the parameters of your paradigm – where do the parameters line up –

With Abraham.

Your preference and receipt of Prophet after Prophet is a result of the dua made by Ibrahim.

The reward and honor was to be an Imam over all people!

We are being tested – do we know the results – NO.  Ibrahim did so well he was told he passed!

(124. And (remember) when the Lord of Ibrahim (Abraham) tried him with (certain) commands,

which he fulfilled. He (Allah) said (to him), "Verily, I am going to make you an Imam (a leader) for

mankind (to follow you).'' (Ibrahim) said, "And of my offspring (to make leaders).'' (Allah) said, "My

covenant (prophethood) includes not Zalimin (polytheists and wrongdoers).'')

Dhuriah means not only children…

When you are a leader, you are responsible for the people under you – hence Ibrahim was made

Imam – he understood the responsibility and asked about his children!!  This is the spirit we need to

have with our families – ask all to make us an Imam of a family with taqwa – end of surah Al Furqan

Allah’s response – My promise does not extend to wrongdoers….  Implying that some of his children

will be wrong doers.  A fact is simply that there will exist other paradigms.

Ibrahim takes that info, and will make dua to address these.

(125. And (remember) when We made the House (the Ka`bah at Makkah) a place of resort for

mankind and a place of safety. And take you (people) the Maqam (place) of Ibrahim (or the stone

on which Ibrahim as a place) (125. And We commanded Ibrahim (Abraham) and Isma`il (Ishmael)

that they should purify My House (the Ka`bah at Makkah) for those who are circumambulating it, or

staying (I`tikaf), or bowing or prostrating themselves (there, in prayer).)

Subtle reference about how the masjid is imperative to the development of your family

This also forshadows the kibla change to come

Ismail is introduce as a response to Ibrahims asking about his progeny – Both shall purify my house.

What should we be doing with our son – make the service of Allah’s house a father/son thing!

 126 – Ibrahim asks again – make Makkah safe and prosperous – the foresight of Ibrahim who made

this dua when Makkah was just a dessert!!  He thought of future generations – then he thought of

how they will live.  Ibrahim knew that the direct opposition of peace and prosperity were the people

who don’t believe – hence he only wanted to peace and prosperity to those who belived

(126. And (remember) when Ibrahim said, "My Lord, make this city (Makkah) a place of security

and provide its people with fruits, such of them as believe in Allah and the Last Day.'' He (Allah)

answered: "As for him who disbelieves, I shall leave him in contentment for a while, then I shall

compel him to the torment of the Fire, and worst indeed is that destination!'')

Allah answers – don’t think that the wrong doers will vanish – Nope.  The paradigm will exist.

Ibrahim would modify the dua based on the previous answers.

Ibrahim’s dua are not about himself – they are about future generations.
 

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