Islamic Banking - principles and practices
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Transcript of Islamic Banking - principles and practices
1. Introduction
Islamic banking refers to a system of banking or banking activity that is
consistent with the principles of Islamic law (Shariah) and its practical
application through the development of Islamic economics. Shariah prohibits
the payment or acceptance of interest fees for loans of money (Riba, usury),
for specific terms, as well as investing in businesses that provide goods or
services considered contrary to its principles (Haraam, forbidden).
While these principles were used as the basis for a flourishing economy in
earlier times, it is only in the late 20th century that a number of Islamic
banks were formed to apply these principles to private or semi-private
commercial institutions within the Muslim community.
During the Islamic Golden Age, early forms of proto-capitalism and free
markets were present in the Caliphate, where an early market economy and
an early form of mercantilism were developed between the 8th-12th
centuries, which some refer to as "Islamic capitalism".
A vigorous monetary economy was created on the basis of the expanding
levels of circulation of a stable, high-value currency (the dinar) and the
integration of monetary areas that were previously independent.
A number of economic concepts and techniques were applied in early Islamic
banking, including bills of exchange, the first forms of partnership
(mufawada) such as limited partnerships (mudaraba), and the earliest forms
of capital (al-mal), capital accumulation (nama al-mal), cheques, promissory
notes, trusts (see Waqf) , transactional accounts, loaning, ledgers and
assignments.
Organizational enterprises independent from the state also existed in the
medieval Islamic world, while the agency institution was also introduced
during that time.
Many of these early capitalist concepts were adopted and further advanced
in medieval Europe from the 13th century onwards.
2. Riba
The word "Riba" means excess, increase or addition, which according to
Shariah terminology, implies any excess compensation without due
consideration (consideration does not include time value of money). The
definition of riba in classical Islamic jurisprudence was "surplus value without
counterpart", or "to ensure equivalency in real value", and that "numerical
value was immaterial." During this period, gold and silver currencies were
the benchmark metals that defined the value of all other materials being
traded. Applying interest to the benchmark itself (ex natura sua) made no
logical sense as its value remained constant relative to all other materials:
these metals could be added to but not created (from nothing).
Applying interest was acceptable under some circumstances. Currencies that
were based on guarantees by a government to honor the stated value (i.e.
fiat currency) or based on other materials such as paper or base metals were
allowed to have interest applied to them. When base metal currencies were
first introduced in the Islamic world, the question of "paying a debt in a
higher number of units of this fiat money being riba" was not relevant as the
jurists only needed to be concerned with the real value of money
(determined by weight only) rather than the numerical value.
For example, it was acceptable for a loan of 1000 gold dinars to be paid back
as 1050 dinars of equal aggregate weight (i.e., the value in terms of weight
had to be same because all makes of coins did not carry exactly similar
weight).
3. History of Islamic Banking
Modern banking system was introduced into the Muslim countries at a time
when they were politically and economically at low ebb, in the late 19th
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century. The main banks in the home countries of the imperial powers
established local branches in the capitals of the subject countries and they
catered mainly to the import export requirements of the foreign businesses.
The banks were generally confined to the capital cities and the local
population remained largely untouched by the banking system. The local
trading community avoided the “foreign” banks both for nationalistic as well
as religious reasons. However, as time went on it became difficult to engage
in trade and other activities without making use of commercial banks. Even
then many confined their involvement to transaction activities such as
current accounts and money transfers. Borrowing from the banks and
depositing their savings with the bank were strictly avoided in order to keep
away from dealing in interest which is prohibited by religion
Interest-free banking seems to be of very recent origin. The earliest
references to the reorganization of banking on the basis of profit sharing
rather than interest are found in Anwar Qureshi (1946), Naiem Siddiqi (1948)
and Mahmud Ahmad (1952) in the late forties, followed by a more elaborate
exposition by Mawdudi in 1950.
The writings of Muhammad Hamidullah 1944, 1955, 1957 and 1962 should
be included in this category. They have all recognized the need for
commercial banks and their perceived "necessary evil," have proposed a
banking system based on the concept of Mudarabha - profit and loss sharing.
In the next two decades interest-free banking attracted more attention,
partly because of the political interest it created in Pakistan and partly
because of the emergence of young Muslim economists. Works specifically
devoted to this subject began to appear in this period. The first such work is
that of Muhammad Uzair (1955). Another set of works emerged in the late
sixties and early seventies. Abdullah al-Araby (1967), Nejatullah Siddiqi
(1961, 1969), al-Najjar (1971) and Baqir al-Sadr (1961, 1974) were the main
contributors.
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The early 1970s saw institutional involvement. The Conference of the
Finance Ministers of the Islamic Countries held in Karachi in 1970, the
Egyptian study in 1972, the First International Conference on Islamic
Economics in Mecca in 1976, and the International Economic Conference in
London in 1977 were the result of such involvement. The involvement of
institutions and governments led to the application of theory to practice and
resulted in the establishment of the first interest-free banks. The Islamic
Development Bank, an inter-governmental bank established in 1975, was
born of this process.
The first modern experiment with Islamic banking was undertaken in Egypt
under cover without projecting an Islamic image—for fear of being seen as a
manifestation of Islamic fundamentalism that was anathema to the political
regime.
The pioneering effort, led by Ahmad Elnaggar, took the form of a savings
bank based on profit-sharing in the Egyptian town of Mit Ghamr in 1963. This
experiment lasted until 1967 (Ready 1981), by which time there were nine
such banks in country.
In 1972, the Mit Ghamr Savings project became part of Nasr Social Bank
which, currently, is still in business in Egypt. In 1975, the Islamic
Development Bank was set-up with the mission to provide funding to
projects in the member countries. The first modern commercial Islamic bank,
Dubai Islamic Bank, opened its doors in 1975. In the early years, the
products offered were basic and strongly founded on conventional banking
products, but in the last few years the industry is starting to see strong
development in new products and services.
Islamic Banking is growing at a rate of 10-15% per year and with signs of
consistent future growth. Islamic banks have more than 300 institutions
spread over 51 countries, including the United States through companies
such as the Michigan-based University Bank, as well as an additional 250
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mutual funds that comply with Islamic principles. It is estimated that over
US$822 billion worldwide Shariah-compliant assets are managed according
to The Economist. This represents approximately 0.5% of total world
estimated assets as of 2005. According to CIMB Group Holdings, Islamic
finance is the fastest-growing segment of the global financial system and
sales of Islamic bonds may rise by 24 percent to $25 billion in 2010.
The World Islamic Banking Conference, held annually in Bahrain since 1994,
is internationally recognized as the largest and most significant gathering of
Islamic banking and finance leaders in the world. The Vatican has put
forward the idea that "the principles of Islamic finance may represent a
possible cure for ailing markets.
Difference between Islamic and Conventional Banking
Islamic banking has the same purpose as conventional banking except that it
operates in accordance with the rules of Shariah, known as Fiqh al-Muamalat
(Islamic rules on transactions). The basic principle of Islamic banking is the
sharing of profit and loss and the prohibition of riba (usury).
Common terms used in Islamic banking include profit sharing (Mudharabah),
safekeeping (Wadiah), joint venture (Musharakah), cost plus (Murabahah),
and leasing (Ijarah).
In an Islamic mortgage transaction, instead of loaning the buyer money to
purchase the item, a bank might buy the item itself from the seller, and re-
sell it to the buyer at a profit, while allowing the buyer to pay the bank in
installments.
However, the bank's profit cannot be made explicit and therefore there are
no additional penalties for late payment. In order to protect itself against
default, the bank asks for strict collateral. The goods or land is registered to
the name of the buyer from the start of the transaction. This arrangement is
called Murabaha. Another approach is EIjara wa EIqtina, which is similar to
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real estate leasing. Islamic banks handle loans for vehicles in a similar way
(selling the vehicle at a higher-than-market price to the debtor and then
retaining ownership of the vehicle until the loan is paid).
An innovative approach applied by some banks for home loans, called
Musharaka al-Mutanaqisa, allows for a floating rate in the form of rental. The
bank and borrower form a partnership entity, both providing capital at an
agreed percentage to purchase the property. The partnership entity then
rents out the property to the borrower and charges rent. The bank and the
borrower will then share the proceeds from this rent based on the current
equity share of the partnership. At the same time, the borrower in the
partnership entity also buys the bank's share of the property at agreed
installments until the full equity is transferred to the borrower and the
partnership is ended.
If default occurs, both the bank and the borrower receive a proportion of the
proceeds from the sale of the property based on each party's current equity.
This method allows for floating rates according to the current market rate
such as the BLR (base lending rate), especially in a dual-banking system like
in Malaysia.
There are several other approaches used in business transactions. Islamic
banks lend their money to companies by issuing floating rate interest loans.
The floating rate of interest is pegged to the company's individual rate of
return. Thus the bank's profit on the loan is equal to a certain percentage of
the company's profits. Once the principal amount of the loan is repaid, the
profit-sharing arrangement is concluded. This practice is called Musharaka.
Further, Mudaraba is venture capital funding of an entrepreneur who
provides labor while financing is provided by the bank so that both profit and
risk are shared.
Such participatory arrangements between capital and labor reflect the
Islamic view that the borrower must not bear all the risk/cost of a failure,
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resulting in a balanced distribution of income and not allowing lender to
monopolize the economy.
Islamic banking is restricted to islamically acceptable transactions, which
exclude those involving alcohol, pork, gambling, etc. The aim of this is to
engage in only ethical investing, and moral purchasing.
In theory, Islamic banking is an example of full-reserve banking, with banks
achieving a 100% reserve ratio. However, in practice, this is not the case,
and no examples of 100 per cent reserve banking are observed.
Islamic banks have grown recently in the Muslim world but are a very small
share of the global banking system. Micro-lending institutions founded by
Muslims, notably Grameen Bank, use conventional lending practices and are
popular in some Muslim nations, especially Bangladesh, but some do not
consider them true Islamic banking.
However, Muhammad Yunus, the founder of Grameen Bank and microfinance
banking, and other supporters of microfinance, argue that the lack of
collateral and lack of excessive interest in micro-lending is consistent with
the Islamic prohibition of usury (riba).
Shariah Advisory Council (SAC)
Islamic banks and banking institutions that offer Islamic banking products
and services are required to establish a Shariah Supervisory Board (SSB) to
advise them and to ensure that the operations and activities of the banking
institutions comply with Shariah principles. On the other hand, there are also
those who believe that no form of banking that involves interest payments
can ever comply with the Shariah.
In Malaysia, the National Shariah Advisory Council, which has been set up at
Bank Negara Malaysia (BNM), advises BNM on the Shariah aspects of the
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operations of these institutions and on their products and services. In
Indonesia the Ulama Council serves a similar purpose.
A number of Shariah advisory firms have now emerged to offer Shariah
advisory services to the institutions offering Islamic financial services. Issue
of independence, impartiality and conflicts of interest have also been
recently voiced. The World Database for Islamic Banking and Finance
(WDIBF) has been developed to provide information about all the websites
related to this type of banking.
Fundamentals of Islamic finance
The term “Islamic banking” refers to a system of banking or banking activity
that is consistent with Islamic law (Shariah) principles and guided by Islamic
economics.
In particular, Islamic law prohibits usury, the collection and payment of
interest, also commonly called riba in Islamic discourse. In addition, Islamic
law prohibits investing in businesses that are considered unlawful, or haraam
(such as businesses that sell alcohol or pork, or businesses that produce
media such as gossip columns or pornography, which are contrary to Islamic
values). In the late 20th century, a number of Islamic banks were created to
cater to this particular banking market.
Usury in Islam
The criticism of usury in Islam was well established during the Prophet
Mohammed's life and reinforced by several of verses in the Holy Qur’an
dating back to around 600 AD. The original word used for usury in this text
was Riba, which literally means “excess or addition”.
This was accepted to refer directly to interest on loans so that, according to
Islamic economists Choudhury and Malik (1992), by the time of Caliph Umar,
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the prohibition of interest was a well-established working principle integrated
into the Islamic economic system.
It is not true that this interpretation of usury has been universally accepted
or applied in the Islamic world. Indeed, a school of Islamic thought which
emerged in the 19th Century, led by Sir Sayyed, still argues for an
interpretative differentiation between usury, which it is claimed refers to
consumptional lending, and interest which they say refers to lending for
commercial investment (Ahmed, 1958).
Nevertheless, there does seem to be evidence in modern times for what
Choudhury and Malik describe as “a gradual evolution of the institutions of
interest-free financial enterprises across the world” (1992: 104). They cite,
for instance, the current existence of financial institutions in Iran, Pakistan
and Saudi Arabia, the Dar-al-Mal-al-Islami in Geneva and Islamic trust
companies in North America.
Islamic Financial Instruments
A financial instrument is a certificate representing a common share in a fund
for investing and making a profit, issued by the body handling this
investment or the body acting on its behalf, which provides for its
negotiation and conversion into liquid money when required.
Following are the main modes of Islamic banking and finance:
Bai' al 'inah (Sale and Buy-back agreement)
Bai' al inah is a financing facility with the underlying buy and sell
transactions between the financier and the customer.
The financier buys an asset from the customer on spot basis. The price paid
by the financier constitutes the disbursement under the facility.
Subsequently the asset is sold to the customer on a deferred-payment basis
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and the price is payable in instalments. The second sale serves to create the
obligation on the part of the customer under the facility.
There are differences of opinion amongst the scholars on the permissibility of
Bai' al 'inah, however this is practised in Malaysia and the like jurisdictions.
Bai' Bithaman Ajil (Deferred payment sale)
This concept refers to the sale of goods on a deferred payment basis at a
price, which includes a profit margin agreed to by both parties. Like Bai' al
'inah, this concept is also used under an Islamic financing facility. Interest
payment can be avoided as the customer is paying the sale price which is
not the same as interest charged on a loan. The problem here is that this
includes linking two transactions in one which is forbidden in islam. The
common perception is that this is simply straightforward charging of interest
disguised as a sale
Bai' Muajjal (Credit sale)
Literally bai' muajjal means a credit sale. Technically, it is a financing
technique adopted by Islamic banks that takes the form of murabahah
muajjal. It is a contract in which the bank earns a profit margin on the
purchase price and allows the buyer to pay the price of the commodity at a
future date in a lump sum or in installments.
It has to expressly mention cost of the commodity and the margin of profit is
mutually agreed. The price fixed for the commodity in such a transaction can
be the same as the spot price or higher or lower than the spot price. Bai'
muajjal is also called a deferred-payment sale.
However, one of the essential descriptions of riba is an unjustified delay in
payment or either increasing or decreasing the price if the payment is
immediate or delayed.
Musharakah
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Musharakah (joint venture) is an agreement between two or more partners,
whereby each partner provides funds to be used in a venture. Profits made
are shared between the partners according to the invested capital.
In case of loss, each partner loses capital in the same ratio. If the Bank
provides capital, the same conditions apply.
It is this financial risk, according to the Shariah, that justifies the bank's claim
to part of the profit. Each partner may or may not participate in carrying out
the business. A working partner gets a greater profit share compared to a
sleeping (non-working) partner. The difference between Musharaka and
Madharaba is that, in Musharaka, each partner contributes some capital,
whereas in Madharaba, one partner, e.g. a financial institution provides all
the capital and the other partner, the entrepreneur, provides no capital. Note
that Musharaka and Madharaba commonly overlap.
Mudarabah (Profit-sharing)
"Mudarabah" is a special kind of partnership where one partner gives money
to another for investing it in a commercial enterprise. The investment comes
from the first partner who is called "rabb-ul-mal", while the management and
work is an exclusive responsibility of the other, who is called "mudarib" or
agent.
The Mudarabah (Profit Sharing) is a contract, with one party providing 100
percent of the capital and the other party providing its specialist knowledge
to invest the capital and manage the investment project.
Profits generated are shared between the parties according to a pre-agreed
ratio. Compared to Musharaka, in a Mudaraba only the lender of the money
has to take losses.
Murabahah (Cost + Profit)
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This concept refers to the sale of goods at a price, which includes a profit
margin agreed to by both parties. The purchase and selling price, other
costs, and the profit margin must be clearly stated at the time of the sale
agreement. The bank is compensated for the time value of its money in the
form of the profit margin.
This is a fixed-income loan for the purchase of a real asset (such as real
estate or a vehicle), with a fixed rate of profit determined by the profit
margin. The bank is not compensated for the time value of money outside of
the contracted term (i.e., the bank cannot charge additional profit on late
payments); however, the asset remains as a mortgage with the bank until
the default is settled.
This type of transaction is similar to rent-to-own arrangements for furniture
or appliances that are common in North American stores.
Musawamah
Musawamah is the negotiation of a selling price between two parties without
reference by the seller to either costs or asking price. While the seller may or
may not have full knowledge of the cost of the item being negotiated, they
are under no obligation to reveal these costs as part of the negotiation
process.
This difference in obligation by the seller is the key distinction between
Murabaha and Musawamah with all other rules as described in Murabaha
remaining the same. Musawamah is the most common type of trading
negotiation seen in Islamic commerce.
Bai Salam
Bai salam means a contract in which advance payment is made for goods to
be delivered later on. The seller undertakes to supply some specific goods to
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the buyer at a future date in exchange of an advance price fully paid at the
time of contract.
It is necessary that the quality of the commodity intended to be purchased is
fully specified leaving no ambiguity leading to dispute.
The objects of this sale are goods and cannot be gold, silver, or currencies
based on these metals. Barring this, Bai Salam covers almost everything that
is capable of being definitely described as to quantity, quality, and
workmanship.
Basic features and conditions of Salam
The transaction is considered Salam if the buyer has paid the purchase price
to the seller in full at the time of sale. This is necessary so that the buyer can
show that they are not entering into debt with a second party in order to
eliminate the debt with the first party, an act prohibited under Sharia.
The idea of Salam is to provide a mechanism that ensures that the seller has
the liquidity they expected from entering into the transaction in the first
place. If the price were not paid in full, the basic purpose of the transaction
would have been defeated.
Muslim jurists are unanimous in their opinion that full payment of the
purchase price is key for Salam to exist. Imam Malik is also of the opinion
that the seller may defer accepting the funds from the buyer for two or three
days, but this delay should not form part of the agreement.
Salam can be affected in those commodities only the quality and quantity of
which can be specified exactly. The things whose quality or quantity is not
determined by specification cannot be sold through the contract of salam.
For example, precious stones cannot be sold on the basis of salam, because
every piece of precious stones is normally different from the other either in
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its quality or in its size or weight and their exact specification is not generally
possible.
Salam cannot be affected on a particular commodity or on a product of a
particular field or farm. For example, if the seller undertakes to supply the
wheat of a particular field, or the fruit of a particular tree, the salam will not
be valid, because there is a possibility that the crop of that particular field or
the fruit of that tree is destroyed before delivery, and, given such possibility,
the delivery remains uncertain. The same rule is applicable to every
commodity the supply of which is not certain.
It is necessary that the quality of the commodity (intended to be purchased
through Salam) is fully specified leaving no ambiguity which may lead to a
dispute. All the possible details in this respect must be expressly mentioned.
It is also necessary that the quantity of the commodity is agreed upon in
unequivocal terms. If the commodity is quantified in weights according to the
usage of its traders, its weight must be determined, and if it is quantified
through measures, its exact measure should be known. What is normally
weighed cannot be quantified in measures and vice versa. The exact date
and place of delivery must be specified in the contract.
Salam cannot be affected in respect of things which must be delivered at
spot. For example, if gold is purchased in exchange of silver, it is necessary,
according to Shari'ah, that the delivery of both be simultaneous. Here, Salam
cannot work. Similarly, if wheat is bartered for barley, the simultaneous
delivery of both is necessary for the validity of sale. Therefore the contract of
Salam in this case is not allowed.
Hibah (gift)
This is a taken-given voluntarily by a debtor to a creditor in return for a loan.
Hibah usually arises in practice when Islamic banks voluntarily pay their
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customers a 'gift' on savings account balances, representing a portion of the
profit made by using those savings account balances in other activities.
It is important to note that while it appears similar to interest, and may, in
effect, have the same outcome, Hibah is a voluntary payment made (or not
made) at the bank's discretion, and cannot be 'guaranteed.'
However, the opportunity of receiving high Hibah will draw in customers'
savings, providing the bank with capital necessary to create its profits; if the
ventures are profitable, then some of those profits may be gifted back to its
customers as Hibah.
Ijarah
Ijarah means lease, rent or wage. Generally, Ijarah concept means selling the
benefit of use or service for a fixed price or wage. Under this concept, the
Bank makes available to the customer the use of service of assets /
equipments such as plant, office automation, motor vehicle for a fixed period
and price.
Advantages of Ijarah
Ijarah provides the following advantages to the Lessee:
Ijarah conserves the Lessee' capital since it allows up to 100% financing.
Ijarah gives the Lessee the right to access the equipment on payment of the
first installment. This is important as it is the access and use (and not
ownership) of equipment that generates income.
Ijarah arrangements aid corporate planning and budgeting by allowing the
negotiation of flexible terms. Ijarah is not considered Debt Financing so it
does not appear on the Lessee' Balance Sheet as a Liability. This method of
"off-balance-sheet" financing means that it is not included in the Debt Ratios
used by bankers to determine financing limits. This allows the Lessee to
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enter into other lease financing arrangements without impacting his overall
debt rating.
All payments towards Ijarah contracts are treated as operating expenses and
are therefore fully tax-deductible. Leasing thus offers tax-advantages to for-
profit operations.
Many types of equipment (i.e computers) become obsolete before the end of
their actual economic life. Ijarah contracts allow the transfer of risk from the
Lesse to the Lessor in exchange for a higher lease rate. This higher rate can
be viewed as insurance against obsolescence.
If the equipment is used for a relatively short period of time, it may be more
profitable to lease than to buy.
If the equipment is used for a long period but has a very poor resale value,
leasing avoids having to account for and depreciate the equipment under
normal accounting principles.
Ijarah Thumma Al-Bai' (Hire purchase)
Parties enter into contracts that come into effect serially, to form a complete
lease/ buyback transaction. The first contract is an Ijarah that outlines the
terms for leasing or renting over a fixed period, and the second contract is a
Bai that triggers a sale or purchase once the term of the Ijarah is complete.
For example, in a car financing facility, a customer enters into the first
contract and leases the car from the owner (bank) at an agreed amount over
a specific period.
When the lease period expires, the second contract comes into effect, which
enables the customer to purchase the car at an agreed to price.
The bank generates a profit by determining in advance the cost of the item,
its residual value at the end of the term and the time value or profit margin
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for the money being invested in purchasing the product to be leased for the
intended term. The combining of these three figures becomes the basis for
the contract between the Bank and the client for the initial lease contract.
This type of transaction is similar to the contractum trinius, a legal maneuver
used by European bankers and merchants during the Middle Ages to sidestep
the Church's prohibition on interest bearing loans.
In a contractum, two parties would enter into three concurrent and
interrelated legal contracts, the net effect being the paying of a fee for the
use of money for the term of the loan.
The use of concurrent interrelated contracts is also prohibited under Shariah
Law.
Ijarah-wal-iqtina
A contract under which an Islamic bank provides equipment, building, or
other assets to the client against an agreed rental together with a unilateral
undertaking by the bank or the client that at the end of the lease period, the
ownership in the asset would be transferred to the lessee.
The undertaking or the promise does not become an integral part of the
lease contract to make it conditional. The rentals as well as the purchase
price are fixed in such manner that the bank gets back its principal sum
along with profit over the period of lease.
Qardul Hassan (Good loan/Benevolent loan)
This is a loan extended on a goodwill basis, and the debtor is only required to
repay the amount borrowed. However, the debtor may, at his or her
discretion, pay an extra amount beyond the principal amount of the loan
(without promising it) as a token of appreciation to the creditor.
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In the case that the debtor does not pay an extra amount to the creditor, this
transaction is a true interest-free loan. Some Muslims consider this to be the
only type of loan that does not violate the prohibition on riba, since it is the
one type of loan that truly does not compensate the creditor for the time
value of money.
Sukuk (Islamic bonds)
Sukuk, plural of Sakk, is the Arabic name for financial certificates that صك
are the Islamic equivalent of bonds. However, fixed-income, interest-bearing
bonds are not permissible in Islam.
Hence, Sukuk are securities that comply with the Islamic law (Shariah) and
its investment principles, which prohibit the charging or paying of interest.
Financial assets that comply with the Islamic law can be classified in
accordance with their tradability and non-tradability in the secondary
markets.
Wadiah (Safekeeping)
In Wadiah, a bank is deemed as a keeper and trustee of funds. A person
deposits funds in the bank and the bank guarantees refund of the entire
amount of the deposit, or any part of the outstanding amount, when the
depositor demands it.
The depositor, at the bank's discretion, may be rewarded with Hibah (see
above) as a form of appreciation for the use of funds by the bank.
Wakalah (power of attorney)
This occurs when a person appoints a representative to undertake
transactions on his/her behalf, similar to a power of attorney.
Islamic equity funds
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Islamic investment equity funds market is one of the fastest-growing sectors
within the Islamic financial system.
Currently, there are approximately 100 Islamic equity funds worldwide. The
total assets managed through these funds currently exceed US$5 billion and
is growing by 12–15% per annum.
With the continuous interest in the Islamic financial system, there are
positive signs that more funds will be launched. Some Western majors have
just joined the fray or are thinking of launching similar Islamic equity
products.
Despite these successes, this market has seen a record of poor marketing as
emphasis is on products and not on addressing the needs of investors. Over
the last few years, quite a number of funds have closed down.
Most of the funds tend to target high net worth individuals and corporate
institutions, with minimum investments ranging from US$50,000 to as high
as US$1 million. Target markets for Islamic funds vary; some cater for their
local markets, e.g., Malaysia and Gulf-based investment funds.
Others clearly target the Middle East and Gulf regions, neglecting local
markets and have been accused of failing to serve Muslim communities.
Since the launch of Islamic equity funds in the early 1990s, there has been
the establishment of credible equity benchmarks by Dow Jones Islamic
market index (Dow Jones Indexes pioneered Islamic investment indexing in
1999) and the FTSE Global Islamic Index Series. The Web site failaka.com
monitors the performance of Islamic equity funds and provides a
comprehensive list of the Islamic funds worldwide.
Islamic derivatives
With help of Bahrain-based International Islamic Financial Market and New
York-based International Swaps and Derivatives Association, global
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standards for Islamic derivatives were set in 2010. The “Hedging Master
Agreement” provides a structure under which institutions can trade
derivatives such as profit-rate and currency swaps.
Islamic laws on trading
The Qur'an prohibits gambling (games of chance involving money) and
insuring ones' health or property (also considered a game of chance). The
hadith, in addition to prohibiting gambling (games of chance), also prohibits
bayu al-gharar (trading in risk, where the Arabic word gharar is taken to
mean "risk" or excessive uncertainty).
The Hanafi school of thought in Islam defines Gharar as "that whose
consequences are hidden."
The Shafi legal school defined gharar as "that whose nature and
consequences are hidden" or "that which admits two possibilities, with the
less desirable one being more likely." The Hanbali school defined it as "that
whose consequences are unknown" or "that which is undeliverable, whether
it exists or not." Ibn Hazm of the Zahiri school wrote "Gharar is where the
buyer does not know what he bought, or the seller does not know what he
sold."
The modern scholar of Islam, Professor Mustafa Al-Zarqa, wrote that "Gharar
is the sale of probable items whose existence or characteristics are not
certain, due to the risky nature that makes the trade similar to gambling."
Other modern scholars, such as Dr. Sami al-Suwailem, have used Game
Theory to try and reach a more measured definition of Gharar, defining it as
"a zero-sum game with unequal payoffs".
There are a number of hadith that forbid trading in gharar, often giving
specific examples of gharhar transactions (e.g., selling the birds in the sky or
the fish in the water, the catch of the diver, an unborn calf in its mother's
womb etc.). Jurists have sought many complete definitions of the term. They
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also came up with the concept of yasir (minor risk); a financial transaction
with a minor risk is deemed to be halal (permissible) while trading in non-
minor risk (bayu al-ghasar) is deemed to be haram.
What gharar is, exactly, was never fully decided upon by the Muslim jurists.
This was mainly due to the complication of having to decide what is and is
not a minor risk. Derivatives instruments (such as stock options) have only
become common relatively recently. Some Islamic banks do provide
brokerage services for stock trading.
Microfinance in Islamic
Microfinance is a key concern for Muslims states and recently Islamic banks
also. Microfinance is ideologically compatible with Islamic finance, capable of
Shariah-compliancy, and possesses a sizeable potential market.
Islamic microfinance tools can enhance security of tenure and contribute to
transformation of lives of the poor. The use of interest found in conventional
microfinance products and services can easily be avoided by creating
microfinance hybrids delivered on the basis of the Islamic contracts of
mudaraba, musharaka, and murabaha. Already, several microfinance
institutions (MFIs) such as FINCA Afghanistan have introduced Islamic-
compliant financial instruments that accommodate Shariah criteria.
Current practices of Islamic Banking
Generally speaking, all interest-free banks agree on the basic principles.
However, individual banks differ in their application. These differences are
due to several reasons including the laws of the country, objectives of the
different banks, individual bank’s circumstances and experiences, the need
to interact with other interest-based banks, etc. In the following paragraphs,
we will describe the salient features common to all banks.
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Deposit accounts
All the Islamic banks have three kinds of deposit accounts: current, savings
and investment.
Current accounts
Current or demand deposit accounts are virtually the same as in all
conventional banks. Deposit is guaranteed.
Savings accounts
Savings deposit accounts operate in different ways. In some banks, the
depositors allow the banks to use their money but they obtain a guarantee of
getting the full amount back from the bank.
Banks adopt several methods of inducing their clients to deposit with them,
but no profit is promised. In others, savings accounts are treated as
investment accounts but with less stringent conditions as to withdrawals and
minimum balance. Capital is not guaranteed but the banks take care to
invest money from such accounts in relatively risk-free short-term projects.
As such lower profit rates are expected and that too only on a portion of the
average minimum balance on the ground that a high level of reserves needs
to be kept at all times to meet withdrawal demands.
Investment account
Investment deposits are accepted for a fixed or unlimited period of time and
the investors agree in advance to share the profit (or loss) in a given
proportion with the bank. Capital is not guaranteed.
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Modes of financing
Banks adopt several modes of acquiring assets or financing projects. But
they can be broadly categorised into three areas: investment, trade and
lending.
Investment financing
This is done in three main ways: a) Musharaka where a bank may join
another entity to set up a joint venture, both parties participating in the
various aspects of the project in varying degrees. Profit and loss are shared
in a pre-arranged fashion. This is not very different from the joint venture
concept.
The venture is an independent legal entity and the bank may withdraw
gradually after an initial period. b) Mudarabha where the bank contributes
the finance and the client provides the expertise, management and labour.
Profits are shared by both the partners in a pre-arranged proportion, but
when a loss occurs the total loss is borne by the bank. c) Financing on the
basis of an estimated rate of return.
Under this scheme, the bank estimates the expected rate of return on the
specific project it is asked to finance and provides financing on the
understanding that at least that rate is payable to the bank. (Perhaps this
rate is negotiable.) If the project ends up in a profit more than the estimated
rate the excess goes to the client. If the profit is less than the estimate the
bank will accept the lower rate. In case a loss is suffered the bank will take a
share in it.
Trade financing
This is also done in several ways. The main ones are: a) Mark-up where the
bank buys an item for a client and the client agrees to repay the bank the
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price and an agreed profit later on. b) Leasing where the bank buys an item
for a client and leases it to him for an agreed period and at the end of that
period the lessee pays the balance on the price agreed at the beginning an
becomes the owner of the item. c) Hire-purchase where the bank buys an
item for the client and hires it to him for an agreed rent and period, and at
the end of that period the client automatically becomes the owner of the
item.
d) Sell-and-buy-back where a client sells one of his properties to the bank for
an agreed price payable now on condition that he will buy the property back
after certain time for an agreed price. e) Letters of credit where the bank
guarantees the import of an item using its own funds for a client, on the
basis of sharing the profit from the sale of this item or on a mark-up basis.
Lending
Main forms of Lending are: a) Loans with a service charge where the bank
lends money without interest but they cover their expenses by levying a
service charge. This charge may be subject to a maximum set by the
authorities. b) No-cost loans where each bank is expected to set aside a part
of their funds to grant no-cost loans to needy persons such as small farmers,
entrepreneurs, producers, etc. and to needy consumers. c) Overdrafts also
are to be provided, subject to a certain maximum, free of charge.
Services
Other banking services such as money transfers, bill collections, trade in
foreign currencies at spot rate etc. where the bank’s own money is not
involved are provided on a commission or charges basis.
Global Scenario of Islamic Banking
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Over the last three decades Islamic banking and finance has developed into
a full-fledged system and discipline reportedly growing at the rate of
15percent per annum. Today, Islamic financial institutions, in one form or the
other, are working in about 75 countries of the world. Besides individual
financial institutions operating in many countries, efforts have been
underway to implement Islamic banking on a country wide and
comprehensive basis in a number of countries.
The instruments used by them, both on assets and liabilities sides, have
developed significantly and therefore, they are also participating in the
money and capital market transactions. In Malaysia, Bahrain and a few other
countries of the Gulf, Islamic banks and financial institutions are working
parallel with the conventional system.
Bahrain with the largest concentration of Islamic financial institutions in the
Middle East region, is hosting 26 Islamic financial institutions dealing in
diversified activities including commercial banking, investment banking,
offshore banking and funds management.
It pursues a dual banking system, where Islamic banks operate in the
environment in which Bahrain Monetary Agency (BMA) affords equal
opportunities and treatment for Islamic banks as for conventional banks.
Bahrain also hosts the newly created Liquidity Management Centre (LMC)
and the International Islamic Financial Market (IIFM) to coordinate the
operations of Islamic banks in the world.
To provide appropriate regulatory set up, the BMA has introduced a
comprehensive prudential and reporting framework that is industry-specific
to the concept of Islamic banking and finance. Further, the BMA has
pioneered a range of innovations designed to broaden the depth of Islamic
financial markets and to provide Islamic institutions with wider opportunities
to manage their liquidity.
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Another country that has a visible existence of Islamic banking at
comprehensive level is Malaysia where both conventional and Islamic
banking systems are working in a competitive environment. The share of
Islamic banking operations in Malaysia has grown from a nil in 1983 to above
8 percent of total financial system in 2003. They have a plan to enhance this
share to 20 percent by the year 2010. However, there are some conceptual
differences in interpretation and Shariah position of various contracts like
sale and purchase of debt instruments and grant of gifts on savings and
financial papers.
In Sudan, a system of Islamic banking and finance is in operation at national
level. Like other Islamic banks around the world the banks in Sudan have
been relying in the past on Murabaha financing.
However, the share of Musharaka and Mudaraba operations is on increase
and presently constitutes about 40 percent of total bank financing. Although
the Islamic financial system has taken a good start in Sudan, significant
problems still remain to be addressed.
Like Sudan, Iran also switched over to Usury Free Banking at national level in
March 1984. However, there are some conceptual differences between
Islamic banking in Iran and the mainstream movement of Islamic banking
and finance.
Owing to the growing amount of capital availability with Islamic banks, the
refining of Islamic financing techniques and the huge requirement of
infrastructure development in Muslim countries there has been a large
number of project finance deals particularly in the Middle East region.
Islamic banks now participate in a wide financing domain stretching from
simple Shariah-compliant retail products to highly complex structured
finance and large-scale project lending. These projects, inter alia, include
power stations, water plants, roads, bridges and other infrastructure
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projects. Bahrain is the leading centre for Islamic finance in the Middle East
region.
The establishment of the Prudential Information and Regulatory Framework
for Islamic Banks (PIRI) by the BMA in conjunction with AAOIFI has gone a
long way towards establishing a legal and regulatory framework to meet the
specific risks inherent in Islamic financing structures. The BMA has quite
recently signed MoU with the London Metal Exchange (LME) to pool assets to
develop and promote Shariah compliant tradable instruments for Islamic
banking industry.
The arrangement is seen as a major boost for industry’s integration in the
global financial system and should set the pace for commodity-trading
environment in Bahrain. BMA has also finalized draft guidelines for issuance
of Islamic bonds and securities from Bahrain. In May 03, the Liquidity
Management Centre (LMC) launched its debut US$ 250 million Sukuk on
behalf of the Government of Bahrain.
National Commercial Bank (NCB) of Saudi Arabia has introduced an Advance
Card that has all the benefits of a regular credit card. The card does not have
a credit line and instead has a prepaid line. As such, it does not incur any
interest. Added benefits are purchase protection, travel accident insurance,
etc and no interest, no extra fees with no conditions, the card is fully Shariah
compliant. It is more secure than cash, easy to load up and has worldwide
acceptance.
This prepaid card facility is especially attractive to women, youth, self
employed and small establishment employees who sometimes do not meet
the strict requirements of a regular credit card facility.
Furthermore, Saudi Government has also endorsed an Islamic-based law to
regulate the kingdom's lucrative Takaful sector and opened it for foreign
investors. Islamic banks have also built a strong presence in Malaysia, where
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Standard & Poor's assigned a BBB+rating to the $600 million Shariah-
compliant trust certificates (called sukuk) issued by Malaysia Global Sukuk
Inc. Bank Negara Malaysia (BNM) has announced to issue new Islamic Bank
licenses to foreign players. The Financial Sector Master plan maps out the
liberalization of Malaysia's banking and insurance industry in three phases
during the next decade. It lists incentives to develop the Islamic financial
sector and enlarge its market share to 20 percent, from under 10 percent
now.
A dedicated high court has been set up to handle Islamic banking and
finance cases. In United Kingdom, the Financial Services Authority is in final
stages of issuing its first ever Islamic banking license to the proposed Islamic
Bank of Britain, which has been sponsored by Gulf and UK investors. The
United States of America has appointed Dr. Mahmoud El Gamal, an eminent
economist/expert on Islamic banking to advise the US Treasury and
Government departments on Islamic finance in June 2004.
Conclusion
Considering the important role of Islamic Bankings in the mobilisation of
financial resources, Scholars, Ulemu' and Bankers with vision, courage,
imagination and above all, absolute conviction and commitment to the cause
of Islam, will have to work in tandem to examine the future prospects and
possibilities of diversifying and widening the scope, volume and size of
Islamic Banking of different maturities. Furthermore, Islamic banks mainly
deal with the area of an assets rather than liability, which make their
operations more diversify and complex.
It is also evident that there has no exhaustive funds standard in Islamic
banks. Therefore, effort should be made to harmonize the funds standard in
Islamic banks in Muslim Countries. It is also observed that Islamic banks tend
to be favour the murabahah technique rather than profit/loss sharing.
Therefore, Islamic banks should try to create a means to embark in profit
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and loss sharing techniques, such as venture capital and private equity, etc.
as it is true concept of Islamic banks.
References
1. Abu Musa, Md. Sadeque,& Efazuddin Mallick, (2006). Islamic Banking: It’s Operating
Mechanisms. In writings on Islamic banking , edited by Ataul Huq Pramanik, Kuala Lumpur,
Research centre, International Islamic University Malaysia
2. Contemporary Practices of Islamic financing Techniques, edited by Dr Ausaf Ahmad,
Jeddah, Saudi Arabia, IRTI
3. M.A. Mannan, A.K.M Fazlul Hoque and R.Z (2006). Functions of an Islamic bank. In
writings on Islamic banking. Edited by Ataul Huq Pramanik, Kuala Lumpur, Research
center, International Islamic University Malaysia.
4. Mei Pheng, LEE and Ivan Jeron DETTA, (2007). Islamic Banking and Finance Law, Kuala
Lumpur, Pearson Longman.
5. Islamic banking and Finance, (2004).edited by Salman Syed Ali and Ausaf Ahmad, Selecte
papers from Conference in Brunei, 5-7 January, 2004, organized by Islamic Research and
Training Institute and University Brunei Dar Salam.
6. Saiful Azhar Rosly, (2005). Critical Issues on Islamic Banking and Financial Markets, Kuala
Lumpur, Dinamas Publishing
7. Sudin Haron, A Comparative Study of Islamic Banking Practices, School of Management,
University Utara, Malaysia.
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