Islamic vehicle financing

Q: I dealt with one of the Islamic banks in purchasing a car. I purchased the car from the dealer and even paid a certain amount of the car upfront to him. Thereafter, I referred to an Islamic bank and asked them to assist me purchase the car. I even informed them that I already paid a certain amount for the car. The bank accepted to assist me and made me sign the form of acting as their agent of purchasing the car from the dealer. After the necessary paperwork was completed, the bank paid the dealer the remainder amount that I was owing and made me sign an agreement with them to buy the car from them. In exchange of the money they paid to the dealer, they sold the car to me with a profit. Is this contract which I entered into with the Islamic bank Shari’ah compliant?

Diminishing Mushaarakah

Q: Is a decreasing partnership arrangement correct? This arrangement is used by some Islamic banks who call it diminishing mushaarakah.

An example of a diminishing mushaarakah is where the client wants to purchase a property, but does not have the full amount required. Instead, he only has 50% of the funds. Hence, he approaches the Islamic bank who purchases the property with him in partnership. Accordingly, they each contribute 50% of the funds and own 50% of the property. The client will then pay the bank rental for the 50% of the bank that he is occupying.

When entering into the partnership with the bank, the client is made to sign a promissory agreement, which is legally binding, in which he unilaterally undertakes to purchase a stipulated portion of the bank’s share at fixed intervals. For example, he will purchase 10% of the bank’s share every year. In this manner, the bank’s share will continue to diminish over 5 years, until it has sold its entire share to the client. However, since the agreement is legally binding, the client does not have the option of refusing to purchase the bank’s share when the stipulated intervals arrive.

Since the bank’s share diminishes over time, the rental which the client pays to the bank also decreases proportionately. Nevertheless, when drawing up the contract, the bank often uses the interest rate to determine the profit that they will make from the partnership.

Is this type of diminishing mushaarakah permissible?