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Islamic Banking

The project is about Islamic economy and financial system

Sir Aman ullah Khattak
5/4/2011


                                                              1
2   Department of Business Administration, Gomal University Dera Ismail Khan
3   Department of Business Administration, Gomal University Dera Ismail Khan
Islamic Economics System




                               Islamic economics refers to the body of Islamic
studies literature that "identifies and promotes an economic order that conforms to
Islamic scripture and traditions," and in the economic world an interest-free Islamic
banking system, grounded in Sharia's condemnation of interest (Riba). The literature
originated in "the late 1940s, and especially" after "the mid-1960s. The banking system
developed during the 1970s. Islamic economic literatures central features have been
called "behavioral norms" derived from the Quran and Sunna, zakat tax as the basis of
Islamic fiscal policy and prohibition of interest.

                     Islamist movements and authors generally describe an Islamic
economic system as neither Socialist nor Capitalist, but a "third way" with none of the
drawbacks of the other two systems.



Introduction
                        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".The monetary economy of the

      4   Department of Business Administration, Gomal University Dera Ismail Khan
period was based on the widely circulated currency the dinar, and it tied together
regions that were previously economically independent.

              A number of economic concepts and techniques were applied in early
Islamic banking, including bills of exchange, partnership (mufawada) such as limited
partnerships (mudaraba), and forms of capital (al-mal), capital accumulation
(nama al-mal), cheques, promissory notes, trusts (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.


History


           Traditional Islamic concepts having to do with economics included

   zakat - the "taxing of certain goods, such as harvest, with an eye to allocating these
    taxes to expenditures that are also explicitly defined, such as aid to the needy."
   Gharar - "the interdiction of chance ... that is, of the presence of any element of
    uncertainty, in a contract (which excludes not only insurance but also the lending of
    money without participation in the risks)"
   Riba - "referred to as usury (modern Islamic economist have consensus that it does
    not refer to usury only rather Riba is any kind of interest)"

These concepts, like others in Islamic law, came from the "prescriptions, anecdotes,
examples, and words of Muhammad, all gathered together and systematized by
commentators according to an inductive, casuistic method. Sometimes other sources



      5   Department of Business Administration, Gomal University Dera Ismail Khan
such as al-urf, (the custom), al-aql (reason) or al-ijma (consensus of the jurists) were
employed.

In addition, Islamic law has developed areas of law that correspond to secular laws
of contracts and torts.




Early reforms under Islam
                      Some argue early Islamic theory and practice formed a "coherent"
economic system with "a blueprint for a new order in society, in which all participants would be
treated more fairly". Michael Bonner, for example, has written that an "economy of poverty"
prevailed in Islam until 13th and 14th century. Under this system God's guidance made sure the
flow of money and goods was "purified" by being channeled from those who had much of it to
those who had little by encouraging zakat (tax) and discouraging riba (usury/interest) on loans.
Bonner maintains Muhammad also helped poor traders by allowing only tents, not permanent
buildings in the market of Medina, and not charging fees and rents there.

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."

                           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

      6   Department of Business Administration, Gomal University Dera Ismail Khan
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).

Modern Islamic banking
                                    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


      7   Department of Business Administration, Gomal University Dera Ismail Khan
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 mutual funds that comply with
Islamic principles. It is estimated that overUS$822 billion worldwide sharia-compliant
assets are managed according to 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.



Largest Islamic banks




                                            In 2009 Iranian banks accounted for about 40
                                           percent of total assets of the world's top 100
                                           Islamic banks. Bank Melli Iran, with assets of
                                           $45.5 billion came first, followed by Saudi
Arabia's Al Rajhi Bank, Bank Mellat with $39.7 billion and Bank Saderat Iran with $39.3
billion. Iran holds the world's largest level of Islamic finance assets valued at $235.3bn
which is more than double the next country in the ranking with $92bn. Six out of ten top
Islamic banks in the world are Iranian. In November 2010, The Banker published its


      8   Department of Business Administration, Gomal University Dera Ismail Khan
latest authoritative list of the Top 500 Islamic Finance Institutions with Iran topping the
list. Seven out of ten top Islamic banks in the world are Iranian according to the list.

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 Muhammad life and reinforced by several of verses in the Qur’an dating back to
around 600 AD. The original word used for usury was Riba, which literally means
“excess or addition”. This was accepted to refer directly to interest on loans , according
to Islamic economists by the time of Caliph Umar, the prohibition of interest was a well-
established working principle integrated into the Islamic economic system. This
interpretation of usury has not been universally accepted or applied in the Islamic world.

     Principles of Islamic Banks
               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).




      9   Department of Business Administration, Gomal University Dera Ismail Khan
•    Prohibition of riba

            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 (Ijara).



   •    Murabaha & EIjara wa EIqtina

                       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 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).




   • Musharaka al-Mutanaqisa

                             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

       10   Department of Business Administration, Gomal University Dera Ismail Khan
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.



   • Mudaraba

                      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, 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 Islamic Banking and
Finance Database provides more information on the subject.

                 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


     11   Department of Business Administration, Gomal University Dera Ismail Khan
of collateral and lack of excessive interest in micro-lending is consistent with the Islamic
prohibition of usury(riba).



   • 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 and the price is payable in installments. 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.



   • 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.
     12   Department of Business Administration, Gomal University Dera Ismail Khan
• 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




                                  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

     13   Department of Business Administration, Gomal University Dera Ismail Khan
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.[34]

   • 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 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.

Hibah (gift)

     14   Department of Business Administration, Gomal University Dera Ismail Khan
This is a token given voluntarily by a debtor to a debitor in return for
a loan. Hibah usually arises in practice when Islamic banks voluntarily pay their
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.



       15   Department of Business Administration, Gomal University Dera Ismail Khan
•    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 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.

   • Qard hassan/ 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. 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.[36]

       16   Department of Business Administration, Gomal University Dera Ismail Khan
• Sukuk (Islamic bonds)

           Sukuk is the Arabic name for financial certificates that 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.

   • Takaful (Islamic insurance)

                  Takaful is an alternative form of cover that a Muslim can avail himself
against the risk of loss due to misfortunes. Takaful is based on the idea that what is
uncertain with respect to an individual may cease to be uncertain with respect to a very
large number of similar individuals. Insurance by combining the risks of many people
enables each individual to enjoy the advantage provided by the law of large numbers.
See Takaful for details.

   • 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. 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.

With help of Bahrain-based International Islamic Financial Market and New York-
based International Swaps and Derivatives Association, global standards for
    17   Department of Business Administration, Gomal University Dera Ismail Khan
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.

Some Islamic banks charge for the time value of money, the common economic
definition of Interest (Riba). These institutions are criticized in some quarters of the
Muslim community for their lack of strict adherence to Sharia.

                                    The majority of Islamic banking clients are found in the
Gulf states and in developed countries. With 60% of Muslims living in poverty, Islamic
banking is of little benefit to the general population. The majority of financial institutions
that offer Islamic banking services are majority owned by Non-Muslims. With Muslims
working within these organizations being employed in the marketing of these services
and having little input into the actual day to day management, the veracity of these
institutions and their services are viewed with suspicion. One Malaysian Bank offering
Islamic based investment funds was found to have the majority of these funds invested
in the gaming industry; the managers administering these funds were non Muslim.
[40]
       These types of stories contribute to the general impression within the Muslim
populace that Islamic banking is simply another means for banks to increase profits
through growth of deposits and that only the rich derive benefits from implementation of
Islamic Banking principles.

Hence, the controversy that surrounds Islamic Banking continues. Is Islamic Banking
really Islamic? This is a question that still is a matter of debate among the Muslim
academia.

In Korea a proposal to open the country to Islamic Banking has been controversial.

According to some estimates more than 100 financial institutions in over 45 countries
practice some form of Islamic finance, and the industry has been growing at a rate of


        18   Department of Business Administration, Gomal University Dera Ismail Khan
more than 15 percent annually for the past five years. The market’s current annual

turnover is estimated to be $70 billion, compared with a mere $5 billion in 1985, and is

projected to hit the $100 billion mark by the turn of the century.The growth in Islamic
finance initially coincided with the current account surpluses of oil-exporting Islamic
countries.But its continued growth in the face of eroding oil revenues reflects the
influence of other factors, such as the desire for sociopolitical and economic systems
based on Islamic principles and a stronger Islamic identity. In addition, the introduction
of broad macroeconomic and structural reforms—in financial systems, the liberalization
of capital movements, privatization, and the global integration of financial markets have
paved the way for the expansion of Islamic finance.

What is Islamic finance?

                             Islamic finance was practiced predominantly in the Muslim
world throughout the Middle Ages, fostering trade and business activities with the
development of credit. In Spain and the Mediterranean and Balticstates, Islamic
merchants became indispensable middlemen for trading activities.In fact, many
concepts, techniques, and instruments of Islamic finance were lateradopted by
European financiers and businessmen.

                         In contrast, the term “Islamic financial system” is relatively new,
appearing only in the mid-1980s. In fact, all the earlier references to commercial or
mercantile activities conforming to Islamic principles were made under the umbrella of
either “interest- free” or “Islamic” banking. However, describing the Islamic financial
system simply as “interest-free” does not provide a true picture of the system as a
whole. Undoubtedly, prohibiting the receipt and payment of interest is the nucleus of the



     19   Department of Business Administration, Gomal University Dera Ismail Khan
system, but it is supported by other principles of Islamic doctrine advocating risk
sharing, individuals’ rights and duties, property rights, and the sanctity of contracts.




Similarly, the Islamic financial system is not limited to banking but covers capital
formation, capital markets, and all types of financial intermediation.

                         Interpreting the system as “interest free” tends to create
confusion. The philosophical foundation of an Islamic financial system goes beyond the
interaction of factors of production and economic behavior. Whereas the conventional
financial system focuses primarily on the economic and financial aspects of
transactions, the Islamic system places equal emphasis on the ethical, moral, social,
and religious dimensions, to enhance equality and fairness for the good of society as a
whole. The system can be fully appreciated only in the context of Islam’s teachings on
the work ethic, wealth distribution, social and economic justice, and the role of the state.
The Islamic financial system is founded on the absolute prohibition of the payment or
receipt of any predetermined, guaranteed rate of return. This closes the door to the
concept of interest and precludes the use of debt-based instruments. The system
     20   Department of Business Administration, Gomal University Dera Ismail Khan
encourages risk-sharing, promotes entrepreneurship, discourages speculative behavior,
and emphasizes the sanctity of contracts.

              An Islamic financial system can be expected to be stable owing to the
elimination of debt-financing and enhanced allocation efficiency. A “two-window” model
for Islamic financial intermediaries has been suggested in which demand deposits are
backed 100 percent by reserves, and investment deposits are accepted purely on an
equity-sharing basis. Analytical models demonstrate that such a system will be stable
since the term and structure of the liabilities and the assets are symmetrically matched
through profit-sharing arrangements, no fixed interest cost accrues, and refinancing
through debt is not possible. Allocation efficiency occurs because investment
alternatives are strictly selected based on their productivity and the expected rate of
return. Finally, entrepreneurship is encouraged as entrepreneurs compete to become
the agents for the suppliers of financial capital who, inturn, will closely scrutinize
projects and management teams.

Principles of Islamic finance system

The basic framework for an Islamic financial system is a set of rulesand laws,
collectively referred to as shariah, governing economic,social, political, and cultural
aspects of Islamic societies. Shariah originates from the rules dictated by the Quran and
its practices, and explanations rendered (more commonly known as Sunnah) by the
Prophet Muhammad. Further elaboration of the rules is provided by scholars in Islamic
jurisprudence within the framework of the Quran and Sunnah.

The basic principles of an Islamic financial system can be summarized as follows




   • Prohibition of interest

     21   Department of Business Administration, Gomal University Dera Ismail Khan
Prohibition of riba, a term literally meaning “an excess” and
interpreted as “any unjustifiable increase of capital whether in loans or sales” is the
central tenet of the system. More precisely, any positive, fixed, predetermined rate tied
to the maturity and the amount of principal (i.e., guaranteed regardless of the
performance of the investment) is considered riba and is prohibited. The general
consensus among Islamic scholars is that riba covers not only usury but also the
charging of “interest” as widely practiced. This prohibition is based on arguments of
social justice, equality,and property rights. Islam encourages the earning of profits but
forbids the charging of interest because profits, determined ex post, symbolize
successful entrepreneurship and creation of additional wealth whereas interest,
determined ex ante, is a cost that is accrued irrespective of the outcome of business
operations and may not create wealth if there are business losses. Social justice
demands that borrowers and lenders share rewards as well as losses in an equitable
fashion and that the process of wealth accumulation and distribution in the economy be
fair and representative of true productivity.

   • Risk sharing

             Because interest is prohibited, suppliers of funds become investors instead
of creditors. The provider of financial capital and the entrepreneur share business risks
in return for shares of the profits.




   • Money as “potential” capital

Money is treated as “potential “capital—that is, it becomes actual capital only when it
joins hands with other resources to undertake a productive activity. Islam recognizes the
time value of money, but only when it acts as capital, not when it is “potential” capital.

     22   Department of Business Administration, Gomal University Dera Ismail Khan
• Prohibition of speculative behavior

An Islamic financial system discourages hoarding and prohibits transactions featuring
extreme uncertainties, gambling, and risks.

   •    Sanctity of contracts

Islam upholds contractual obligations and the disclosure of information as a sacred
duty. This feature is intended to reduce the risk of asymmetric information and moral
hazard.

   • Shariah-approved activities

Only those business activities that do not violate the rules of shariah qualify for
investment. For example,any investment in businesses dealing with alcohol, gambling,
and casinos would be prohibited.

Market trends

                        Banking is the most developed part of the Islamic financial system.
The state constitutions of Iran and Pakistan, for example, require their banking systems
to be fully compatible with Islamic law. In Egypt, Indonesia, Malaysia, Sudan, and the
Gulf Cooperation Council (GCC) countries, Islamic banking exists alongside
conventional banking. Islamic banking is currently practiced through two channels:
“specialized” Islamic banks and “Islamic windows.” Specialized Islamic banks are
commercial and investment banks, structured wholly on Islamic principles, and they
deal only with Islamic instruments.



       23   Department of Business Administration, Gomal University Dera Ismail Khan
Islamic windows are special facilities offered by conventional banks to
provide services to Muslims who wish to engage in Islamic banking. Both Western
banks and banks headquartered in Islamic countries provide Islamic windows.
Traditionally, specialized Islamic banks have been well positioned to attract deposits
from Muslims, but these institutions have generally lacked the technical ability to invest
efficiently. This gap has been bridged by the services of Western banks that swiftly and
efficiently deploy funds into Islamic ally acceptable channels. But this has often meant
lower returns for Islamic investors owing to the second layer of intermediation. This
trend is changing. Islamic banks are becoming resourceful and are going global, in part
owing to their increased integration with international markets. At the same time, aware
of the potential of Islamic markets, Western banks are reaching out to investors directly
and eliminating the middleman—the Islamic banks or Islamic windows of banks in
Muslim countries. For example, Citibank opened its first Islamic bank subsidiary in
Bahrain in 1996.

                Historically, Islamic financial markets have lacked liquidity-enhancing
instruments, thus eliminating a large segment of potential investors. However, more
liquid instruments are emerging through securitization; Islamic funds, with a current
market size of $1 billion, represent the initial application of securitization (see table).
There are three types of Islamic funds: equity, commodity, and leasing. Equity funds,
the largest share of the Islamic funds market are the same as conventional mutual
funds but with an Islamic touch that requires a unique “filtration” process to select
appropriate shares. The filtration process ensures that the mode, operation, and capital
structure of each business the fund invests in are compatible with Islamic law,
eliminating companies engaged in prohibited activities and those whose capital
structure relies heavily on debt financing (to avoid dealing with interest). For this reason,
companies with a negligible level of debt financing (10 percent or less) may be selected,
provided that the debt does not remain a permanent feature of the capital structure. The
     24   Department of Business Administration, Gomal University Dera Ismail Khan
future of Islamic equity funds is bright in part because of a new wave of privatization
under way in Muslim countries such as Egypt and Jordan, and in high-growth Islamic
countries such as Indonesia and Malaysia, where the demand for Islamic financial
products is growing rapidly. Commodity and leasing funds are other forms of Islamic
funds. Commodity funds invest in base metals. Leasing funds pool auto, equipment,
and aircraft leases and issue tradable certificates backed by the leases.International
and regional institutions are working with Islamic finance and are contemplating the
introduction of derivative products and syndication to enhance project finance. The
International Finance Corporation (IFC) has successfully executed several transactions
in the Middle East and Pakistan that conform to Islamic principles.




    25   Department of Business Administration, Gomal University Dera Ismail Khan

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Islamic bankig sir aman ullah

  • 1. Name Roll No Marium Burki 461 Saima Burki 460 Zoya Ali 463 Rida Farooq Sehrish Jabeen 452 Asima Sadia Gul 451 Islamic Banking The project is about Islamic economy and financial system Sir Aman ullah Khattak 5/4/2011 1
  • 2. 2 Department of Business Administration, Gomal University Dera Ismail Khan
  • 3. 3 Department of Business Administration, Gomal University Dera Ismail Khan
  • 4. Islamic Economics System Islamic economics refers to the body of Islamic studies literature that "identifies and promotes an economic order that conforms to Islamic scripture and traditions," and in the economic world an interest-free Islamic banking system, grounded in Sharia's condemnation of interest (Riba). The literature originated in "the late 1940s, and especially" after "the mid-1960s. The banking system developed during the 1970s. Islamic economic literatures central features have been called "behavioral norms" derived from the Quran and Sunna, zakat tax as the basis of Islamic fiscal policy and prohibition of interest. Islamist movements and authors generally describe an Islamic economic system as neither Socialist nor Capitalist, but a "third way" with none of the drawbacks of the other two systems. Introduction 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".The monetary economy of the 4 Department of Business Administration, Gomal University Dera Ismail Khan
  • 5. period was based on the widely circulated currency the dinar, and it tied together regions that were previously economically independent. A number of economic concepts and techniques were applied in early Islamic banking, including bills of exchange, partnership (mufawada) such as limited partnerships (mudaraba), and forms of capital (al-mal), capital accumulation (nama al-mal), cheques, promissory notes, trusts (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. History Traditional Islamic concepts having to do with economics included  zakat - the "taxing of certain goods, such as harvest, with an eye to allocating these taxes to expenditures that are also explicitly defined, such as aid to the needy."  Gharar - "the interdiction of chance ... that is, of the presence of any element of uncertainty, in a contract (which excludes not only insurance but also the lending of money without participation in the risks)"  Riba - "referred to as usury (modern Islamic economist have consensus that it does not refer to usury only rather Riba is any kind of interest)" These concepts, like others in Islamic law, came from the "prescriptions, anecdotes, examples, and words of Muhammad, all gathered together and systematized by commentators according to an inductive, casuistic method. Sometimes other sources 5 Department of Business Administration, Gomal University Dera Ismail Khan
  • 6. such as al-urf, (the custom), al-aql (reason) or al-ijma (consensus of the jurists) were employed. In addition, Islamic law has developed areas of law that correspond to secular laws of contracts and torts. Early reforms under Islam Some argue early Islamic theory and practice formed a "coherent" economic system with "a blueprint for a new order in society, in which all participants would be treated more fairly". Michael Bonner, for example, has written that an "economy of poverty" prevailed in Islam until 13th and 14th century. Under this system God's guidance made sure the flow of money and goods was "purified" by being channeled from those who had much of it to those who had little by encouraging zakat (tax) and discouraging riba (usury/interest) on loans. Bonner maintains Muhammad also helped poor traders by allowing only tents, not permanent buildings in the market of Medina, and not charging fees and rents there. 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." 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 6 Department of Business Administration, Gomal University Dera Ismail Khan
  • 7. 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). Modern Islamic banking 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 7 Department of Business Administration, Gomal University Dera Ismail Khan
  • 8. 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 mutual funds that comply with Islamic principles. It is estimated that overUS$822 billion worldwide sharia-compliant assets are managed according to 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. Largest Islamic banks In 2009 Iranian banks accounted for about 40 percent of total assets of the world's top 100 Islamic banks. Bank Melli Iran, with assets of $45.5 billion came first, followed by Saudi Arabia's Al Rajhi Bank, Bank Mellat with $39.7 billion and Bank Saderat Iran with $39.3 billion. Iran holds the world's largest level of Islamic finance assets valued at $235.3bn which is more than double the next country in the ranking with $92bn. Six out of ten top Islamic banks in the world are Iranian. In November 2010, The Banker published its 8 Department of Business Administration, Gomal University Dera Ismail Khan
  • 9. latest authoritative list of the Top 500 Islamic Finance Institutions with Iran topping the list. Seven out of ten top Islamic banks in the world are Iranian according to the list. 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 Muhammad life and reinforced by several of verses in the Qur’an dating back to around 600 AD. The original word used for usury was Riba, which literally means “excess or addition”. This was accepted to refer directly to interest on loans , according to Islamic economists by the time of Caliph Umar, the prohibition of interest was a well- established working principle integrated into the Islamic economic system. This interpretation of usury has not been universally accepted or applied in the Islamic world. Principles of Islamic Banks 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). 9 Department of Business Administration, Gomal University Dera Ismail Khan
  • 10. Prohibition of riba 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 (Ijara). • Murabaha & EIjara wa EIqtina 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 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). • Musharaka al-Mutanaqisa 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 10 Department of Business Administration, Gomal University Dera Ismail Khan
  • 11. 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. • Mudaraba 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, 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 Islamic Banking and Finance Database provides more information on the subject. 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 11 Department of Business Administration, Gomal University Dera Ismail Khan
  • 12. of collateral and lack of excessive interest in micro-lending is consistent with the Islamic prohibition of usury(riba). • 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 and the price is payable in installments. 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. • 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. 12 Department of Business Administration, Gomal University Dera Ismail Khan
  • 13. • 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 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 13 Department of Business Administration, Gomal University Dera Ismail Khan
  • 14. 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.[34] • 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 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. Hibah (gift) 14 Department of Business Administration, Gomal University Dera Ismail Khan
  • 15. This is a token given voluntarily by a debtor to a debitor in return for a loan. Hibah usually arises in practice when Islamic banks voluntarily pay their 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. 15 Department of Business Administration, Gomal University Dera Ismail Khan
  • 16. 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 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. • Qard hassan/ 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. 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.[36] 16 Department of Business Administration, Gomal University Dera Ismail Khan
  • 17. • Sukuk (Islamic bonds) Sukuk is the Arabic name for financial certificates that 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. • Takaful (Islamic insurance) Takaful is an alternative form of cover that a Muslim can avail himself against the risk of loss due to misfortunes. Takaful is based on the idea that what is uncertain with respect to an individual may cease to be uncertain with respect to a very large number of similar individuals. Insurance by combining the risks of many people enables each individual to enjoy the advantage provided by the law of large numbers. See Takaful for details. • 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. 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. With help of Bahrain-based International Islamic Financial Market and New York- based International Swaps and Derivatives Association, global standards for 17 Department of Business Administration, Gomal University Dera Ismail Khan
  • 18. 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. Some Islamic banks charge for the time value of money, the common economic definition of Interest (Riba). These institutions are criticized in some quarters of the Muslim community for their lack of strict adherence to Sharia. The majority of Islamic banking clients are found in the Gulf states and in developed countries. With 60% of Muslims living in poverty, Islamic banking is of little benefit to the general population. The majority of financial institutions that offer Islamic banking services are majority owned by Non-Muslims. With Muslims working within these organizations being employed in the marketing of these services and having little input into the actual day to day management, the veracity of these institutions and their services are viewed with suspicion. One Malaysian Bank offering Islamic based investment funds was found to have the majority of these funds invested in the gaming industry; the managers administering these funds were non Muslim. [40] These types of stories contribute to the general impression within the Muslim populace that Islamic banking is simply another means for banks to increase profits through growth of deposits and that only the rich derive benefits from implementation of Islamic Banking principles. Hence, the controversy that surrounds Islamic Banking continues. Is Islamic Banking really Islamic? This is a question that still is a matter of debate among the Muslim academia. In Korea a proposal to open the country to Islamic Banking has been controversial. According to some estimates more than 100 financial institutions in over 45 countries practice some form of Islamic finance, and the industry has been growing at a rate of 18 Department of Business Administration, Gomal University Dera Ismail Khan
  • 19. more than 15 percent annually for the past five years. The market’s current annual turnover is estimated to be $70 billion, compared with a mere $5 billion in 1985, and is projected to hit the $100 billion mark by the turn of the century.The growth in Islamic finance initially coincided with the current account surpluses of oil-exporting Islamic countries.But its continued growth in the face of eroding oil revenues reflects the influence of other factors, such as the desire for sociopolitical and economic systems based on Islamic principles and a stronger Islamic identity. In addition, the introduction of broad macroeconomic and structural reforms—in financial systems, the liberalization of capital movements, privatization, and the global integration of financial markets have paved the way for the expansion of Islamic finance. What is Islamic finance? Islamic finance was practiced predominantly in the Muslim world throughout the Middle Ages, fostering trade and business activities with the development of credit. In Spain and the Mediterranean and Balticstates, Islamic merchants became indispensable middlemen for trading activities.In fact, many concepts, techniques, and instruments of Islamic finance were lateradopted by European financiers and businessmen. In contrast, the term “Islamic financial system” is relatively new, appearing only in the mid-1980s. In fact, all the earlier references to commercial or mercantile activities conforming to Islamic principles were made under the umbrella of either “interest- free” or “Islamic” banking. However, describing the Islamic financial system simply as “interest-free” does not provide a true picture of the system as a whole. Undoubtedly, prohibiting the receipt and payment of interest is the nucleus of the 19 Department of Business Administration, Gomal University Dera Ismail Khan
  • 20. system, but it is supported by other principles of Islamic doctrine advocating risk sharing, individuals’ rights and duties, property rights, and the sanctity of contracts. Similarly, the Islamic financial system is not limited to banking but covers capital formation, capital markets, and all types of financial intermediation. Interpreting the system as “interest free” tends to create confusion. The philosophical foundation of an Islamic financial system goes beyond the interaction of factors of production and economic behavior. Whereas the conventional financial system focuses primarily on the economic and financial aspects of transactions, the Islamic system places equal emphasis on the ethical, moral, social, and religious dimensions, to enhance equality and fairness for the good of society as a whole. The system can be fully appreciated only in the context of Islam’s teachings on the work ethic, wealth distribution, social and economic justice, and the role of the state. The Islamic financial system is founded on the absolute prohibition of the payment or receipt of any predetermined, guaranteed rate of return. This closes the door to the concept of interest and precludes the use of debt-based instruments. The system 20 Department of Business Administration, Gomal University Dera Ismail Khan
  • 21. encourages risk-sharing, promotes entrepreneurship, discourages speculative behavior, and emphasizes the sanctity of contracts. An Islamic financial system can be expected to be stable owing to the elimination of debt-financing and enhanced allocation efficiency. A “two-window” model for Islamic financial intermediaries has been suggested in which demand deposits are backed 100 percent by reserves, and investment deposits are accepted purely on an equity-sharing basis. Analytical models demonstrate that such a system will be stable since the term and structure of the liabilities and the assets are symmetrically matched through profit-sharing arrangements, no fixed interest cost accrues, and refinancing through debt is not possible. Allocation efficiency occurs because investment alternatives are strictly selected based on their productivity and the expected rate of return. Finally, entrepreneurship is encouraged as entrepreneurs compete to become the agents for the suppliers of financial capital who, inturn, will closely scrutinize projects and management teams. Principles of Islamic finance system The basic framework for an Islamic financial system is a set of rulesand laws, collectively referred to as shariah, governing economic,social, political, and cultural aspects of Islamic societies. Shariah originates from the rules dictated by the Quran and its practices, and explanations rendered (more commonly known as Sunnah) by the Prophet Muhammad. Further elaboration of the rules is provided by scholars in Islamic jurisprudence within the framework of the Quran and Sunnah. The basic principles of an Islamic financial system can be summarized as follows • Prohibition of interest 21 Department of Business Administration, Gomal University Dera Ismail Khan
  • 22. Prohibition of riba, a term literally meaning “an excess” and interpreted as “any unjustifiable increase of capital whether in loans or sales” is the central tenet of the system. More precisely, any positive, fixed, predetermined rate tied to the maturity and the amount of principal (i.e., guaranteed regardless of the performance of the investment) is considered riba and is prohibited. The general consensus among Islamic scholars is that riba covers not only usury but also the charging of “interest” as widely practiced. This prohibition is based on arguments of social justice, equality,and property rights. Islam encourages the earning of profits but forbids the charging of interest because profits, determined ex post, symbolize successful entrepreneurship and creation of additional wealth whereas interest, determined ex ante, is a cost that is accrued irrespective of the outcome of business operations and may not create wealth if there are business losses. Social justice demands that borrowers and lenders share rewards as well as losses in an equitable fashion and that the process of wealth accumulation and distribution in the economy be fair and representative of true productivity. • Risk sharing Because interest is prohibited, suppliers of funds become investors instead of creditors. The provider of financial capital and the entrepreneur share business risks in return for shares of the profits. • Money as “potential” capital Money is treated as “potential “capital—that is, it becomes actual capital only when it joins hands with other resources to undertake a productive activity. Islam recognizes the time value of money, but only when it acts as capital, not when it is “potential” capital. 22 Department of Business Administration, Gomal University Dera Ismail Khan
  • 23. • Prohibition of speculative behavior An Islamic financial system discourages hoarding and prohibits transactions featuring extreme uncertainties, gambling, and risks. • Sanctity of contracts Islam upholds contractual obligations and the disclosure of information as a sacred duty. This feature is intended to reduce the risk of asymmetric information and moral hazard. • Shariah-approved activities Only those business activities that do not violate the rules of shariah qualify for investment. For example,any investment in businesses dealing with alcohol, gambling, and casinos would be prohibited. Market trends Banking is the most developed part of the Islamic financial system. The state constitutions of Iran and Pakistan, for example, require their banking systems to be fully compatible with Islamic law. In Egypt, Indonesia, Malaysia, Sudan, and the Gulf Cooperation Council (GCC) countries, Islamic banking exists alongside conventional banking. Islamic banking is currently practiced through two channels: “specialized” Islamic banks and “Islamic windows.” Specialized Islamic banks are commercial and investment banks, structured wholly on Islamic principles, and they deal only with Islamic instruments. 23 Department of Business Administration, Gomal University Dera Ismail Khan
  • 24. Islamic windows are special facilities offered by conventional banks to provide services to Muslims who wish to engage in Islamic banking. Both Western banks and banks headquartered in Islamic countries provide Islamic windows. Traditionally, specialized Islamic banks have been well positioned to attract deposits from Muslims, but these institutions have generally lacked the technical ability to invest efficiently. This gap has been bridged by the services of Western banks that swiftly and efficiently deploy funds into Islamic ally acceptable channels. But this has often meant lower returns for Islamic investors owing to the second layer of intermediation. This trend is changing. Islamic banks are becoming resourceful and are going global, in part owing to their increased integration with international markets. At the same time, aware of the potential of Islamic markets, Western banks are reaching out to investors directly and eliminating the middleman—the Islamic banks or Islamic windows of banks in Muslim countries. For example, Citibank opened its first Islamic bank subsidiary in Bahrain in 1996. Historically, Islamic financial markets have lacked liquidity-enhancing instruments, thus eliminating a large segment of potential investors. However, more liquid instruments are emerging through securitization; Islamic funds, with a current market size of $1 billion, represent the initial application of securitization (see table). There are three types of Islamic funds: equity, commodity, and leasing. Equity funds, the largest share of the Islamic funds market are the same as conventional mutual funds but with an Islamic touch that requires a unique “filtration” process to select appropriate shares. The filtration process ensures that the mode, operation, and capital structure of each business the fund invests in are compatible with Islamic law, eliminating companies engaged in prohibited activities and those whose capital structure relies heavily on debt financing (to avoid dealing with interest). For this reason, companies with a negligible level of debt financing (10 percent or less) may be selected, provided that the debt does not remain a permanent feature of the capital structure. The 24 Department of Business Administration, Gomal University Dera Ismail Khan
  • 25. future of Islamic equity funds is bright in part because of a new wave of privatization under way in Muslim countries such as Egypt and Jordan, and in high-growth Islamic countries such as Indonesia and Malaysia, where the demand for Islamic financial products is growing rapidly. Commodity and leasing funds are other forms of Islamic funds. Commodity funds invest in base metals. Leasing funds pool auto, equipment, and aircraft leases and issue tradable certificates backed by the leases.International and regional institutions are working with Islamic finance and are contemplating the introduction of derivative products and syndication to enhance project finance. The International Finance Corporation (IFC) has successfully executed several transactions in the Middle East and Pakistan that conform to Islamic principles. 25 Department of Business Administration, Gomal University Dera Ismail Khan