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Most probably, the reader is familiar with the verses of prohibition of Riba in the
Quran. Unfortunately, negligent interpretations of the meaning of those verses has
led many individuals to assume that the prohibition only relates to situations where
the creditor is likely to charge exploitatively high rates of interest. One of the most
popular translations of the meaning of the Quran, Yusuf ‘Ali (1991), translates the
meaning of verses [2:278-279] thus:
278. O ye who believe! Fear Allah, and give up what remains of your
demand for usury, if ye are Indeed believers.
279. If ye do not, take notice of war from Allah and His Messenger: but if
ye turn back, ye shall have your capital sums; Deal not unjustly, and ye
shall not be dealt with unjustly.
The (sole) objective served by the prohibition of Riba is the avoidance of injustice (in
the sense of exploitation of the poor debtor by the rich creditor). However, the
meaning of the ending of the verse – as explained by ’Abu Jafar Ibn Abbas, and
others (c.f. Al-Imam Al-Tabarı (1992, vol.3, pp.109-110)) – is much closer to: “if you
turn back, then you should collect your principal, without inflicting or receiving
injustice”. The exegetes (ibid.) then explain “without inflicting or receiving injustice”
as “without increase or diminution”, where both an increase or a decrease of the
amount returned relative to the amount lent would be considered injustice.
Muslim narrated on the authority of ’Abu Saıd Al-Khudriy; The Messenger of Allah
(pbuh) said:
“Gold for gold, silver for silver, wheat for wheat, barley for barley,
dates for dates, and salt for salt; like for like, hand to hand, in equal
amounts; and any increase is Riba.”
Bilal visited the Messenger of Allah (pbuh) with some high quality
dates, and the Prophet (pbuh) inquired about their source. Bilal
explained that he traded two volumes of lower quality dates for one
volume of higher quality. The Messenger of Allah (pbuh) said: “this is
precisely the forbidden Riba! Do not do this. Instead, sell the first type
of dates, and use the proceeds to buy the other.”
The first Hadıth enumerates six goods, which are eligible for Riba. Since barter
trading (e.g. dates for dates, as in the second Hadıth) is rarely of concern today, we
shall mainly be concerned with Riba as it pertains to gold and silver, the monies
(Roman and Persian, respectively) used during the Prophet’s (pbuh) time. With the
exception of juristic schools which denied the use of reasoning by legal analogy
(qiyas) as a source of legislation (e.g. the Z.ahirıs), and a few contemporary
detractors, most Islamic schools of jurisprudence accepted gold and silver in the first
Hadıth to signify money in general, including contemporary monies.
The desirability of abolishing fixed interest rates and the Islamization of financial
systems were discussed at the first meeting of the Islamic Organization Conference
(IOC) in Jeddah in 1973. Subsequently, many Islamic banks were founded under the
profit-and-Loss sharing system (PLS), which will be discussed below.
Emergence-1972 through 1975: This period was marked by a surge in oil revenues
and great liquidity .Parallel events included a resurgence of fundamentalist Muslim
movements, reemphasis on the Wahabi School of Brotherhood and Pan-Islamism,
and establishment of IOC.
Expansion-1976 to the early 1980s: Islamic banking spread from the Arabian Gulf
eastward to Malaysia, and westward to England. More than Accounting Needs of
Islamic Banking 20 Islamic banks were established, including international and
intercontinental institutions. Islamic banking associations or consultancy. bodies
broadened their operations.
Islamic banking operations are not limited to Arab soil, or Islamic countries, but are
spreading throughout the world. One reason is the "growing trend toward
transcending national boundaries, and unifying Muslims into a political and
economic entity that could have a significant impact on the pattern of world trade.
Since Muslims are inclined to follow Islamic traditions, there is a tendency to
establish an Islamic economic system in every Islamic nation and to restore Shariah
Law as the basic source for legislation" (Abdel-Magid, p. 81).
In this report we have taken the advantages provided by the Internet and collect and
analyze all available resources.
The road ahead for Islamic banking and finance is long and will be full of challenges.
More so, in the current global financial environment characterized by volatile and
unpredictable market dynamics, rapid advancements in technology and financial
innovation, which have all culminated in increasingly more complex and heightened
financial risks. With the continued cooperation and active participation of the central
banks and the financial community.
The main difference between the two banking systems is that Islamic banks
are supposed to work without charging and giving interest. Rather than
charging a predetermined fixed rate of interest to those who want to use
banks' funds for trade, commerce and production, Islamic banks are ideally
required to have a profit and loss sharing arrangement with them.
On the other side, the depositors have two choices. First, they can keep all or
part of their money in an Islamic bank in a no-risk account. The bank will
keep this money as safe deposit and guarantee the principal amount (it could
be suggested that Islamic banks should not use these deposits for investment
ie, a 100% reserve requirement for such accounts). Alternatively, depositors
can choose to put all or part of their money in investment accounts. Islamic
banks will use the proceedings of these accounts to make investments in
trade and production.
The profits made by Islamic banks are then shared with depositors. To avoid
gharar, the details of profit and loss sharing arrangements are completely and
clearly known to all parties in advance. The Islamic sense of social justice
requires that all parties directly or indirectly financing in a business should
share the risk of the business. The banks should combine shareholders'
equity funds with those of their depositors and provide these funds to the
ultimate users: traders and producers.
All parties of this business arrangement should share the benefits as well as
the risks of these investments. Conventional banks have to guarantee the
principal and accrued interest by law, whereas Islamic banks will violate their
Banks being equity provider of a business would be given the right to inspect
all financial accounts of the business. This is normally not the case when
conventional banks provide loans on interest.
Siddiqui (1994) also addresses the problems one would face under Islamic
techniques of finance and argues that those problems are not
insurmountable. He points out that any serious attempt to implement profit
sharing financing would require, at the initial stages, commitment and often
supervision and intervention by the government.
ii) MUDARIBAH
This is a kind of partnership where one partner gives money to
another for investing in a commercial enterprise. The investment
comes from the first partner who is called "Rab-ul-Maal" while the
management and work is an exclusive responsibility of the other,
who is called "Mudarib" and the profits generated are shared in a
predetermined ratio.
iv) MURABAHAH
Murabahah is a particular kind of sale where the seller expressly
mentions the cost of the sold commodity he has incurred, and sells it
to another person by adding some profit thereon. Thus, Murabahah
is not a loan given on interest; it is a sale of a commodity for
cash/deferred price. The Bai' Murabahah involves purchase of a
commodity by a bank on behalf of a client and its resale to the latter
on cost-plus-profit basis. Under this arrangement the bank discloses
its cost and profit margin to the client. In other words rather than
advancing money to a borrower, which is how the system would
work in a conventional banking agreement, the bank will buy the
goods from a third party and sell those goods on to the customer for
a pre-agreed price. Murabahah is a mode of financing as old as
Musharakah. Today in Islamic banks world-over 66% of all
investment transactions are through Murabahah.
v) IJARAH (LEASING)
Ijarah is a contract of a known and proposed usufruct against a
specified and lawful return or consideration for the service or return
for the benefit proposed to be taken, or for the effort or work
proposed to be expended. In other words, Ijarah or leasing is the
transfer of usufruct for a consideration which is rent in case of hiring
of assets or things and wage in case of hiring of persons.
vii) MUSAWAMAH
Musawamah is a general and regular kind of sale in which price of the
commodity to be traded is bargained between seller and the buyer
without any reference to the price paid or cost incurred by the
former. Thus, it is different from Murabaha in respect of pricing
formula. Unlike Murabaha, seller in Musawamah is not obliged to
reveal his cost. Both the parties negotiate on the price. All other
conditions relevant to Murabaha are valid for Musawamah as well.
Following a “buy low and sell high” strategy is at the heart of all
profitable trading, including the caravan trades in which the Prophet
(pbuh) participated. If a profitable opportunity presents itself sooner
than anticipated, a good merchant or investor would be criticized for
foregoing such profits. Whether or not speculation amounts to
gambling depends on the intentions of the trader, and the nature of
the traded goods.
iv) Potential conflicts with central banks: Islamic banks have been
established as separate legal entities; therefore, their relationships
with central banks and/or other commercial banks are uncertain.
Problems may be complicated when an Islamic bank is established in
a non-muslim nation, and is subject to that nation's rules and
requirements.
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.
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. 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 Standard & Poor's
assigned a BBB+ rating to the $600 million Sharia-compliant trust certificates (called
sukuk) issued by Malaysia Global Sukuk Inc. Bank Negara Malaysia (BNM) has
announced to issue new Islamic Bank licences to foreign players. The Financial
Sector Master plan maps out the liberalisation 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.
1956 The first constitution defined Islam as the State Religion and all laws
to be according to the injunctions of the Qur’an and Sunnah.
2002 The first Islamic Banking license is issued to Meezan Bank by the
State Bank of Pakistan. Societe Generals’s, (a French Commercial
Bank) operating in Pakistan were amalgamated with Meezan Bank.
President Gen. Pervez Musharraf inaugurates the first commercial
bank branch of Meezan Bank at the FTC Building, Karachi.
2005 The State Bank of Pakistan granted license to Al Baraka Islamic Bank
BSC EC, and Bank Islami Pakistan Ltd., Emirates Global Islamic
Bank Ltd., and Dubai Islamic Bank Ltd.
2006 State Bank of Pakistan granted license to First Dawood Islamic Bank
Ltd, the country's sixth Islamic bank. First Dawood Bank is co-
owned by local partners and a consortium comprising Bank Islam
Malaysia Berhad, Unicorn Investment Bank of Bahrain and a wing of
the Islamic Development Bank.
Given its nascent stage of Development, the share of the Islamic Banking
industry in the total assets of the banking sector grew from 0.5 % in 1996 to
1.7 % as of September’2005. However, given the rapid growth of this
industry, it is expected that this share would grow considerably in the years to
come.
Murabaha 53%
Ijarah 28%
Musharaka 1%
Diminishing Musharaka 8%
Salam 1%
Others 9%
Savings 47%
Current non-remunerative 24%
Others 1%
Fixed 28%
On the basis of the above it can be said that supply and demand of capital
would continue in an interest-free scenario with additional benefit of greater
supply of risk-based capital alongwith more efficient allocation of resources
and active role of banks and financial institutions as required in asset based
Islamic theory of finance. Islamic banks can not only survive without interest
but also could be helpful in achieving the objective of development with
distributive justice by increasing the supply of risk capital in the economy,
facilitating capital formation, and growth of fixed assets and real sector
business activities.
Small and medium enterprises (SME) sector has a great potential for
expanding production capacity and self-employment opportunities in the
country. Enhancing the role of financial sector in development of SME sub-
sector could mitigate the serious problems of unemployment and low level of
exports. The banks may introduce ‘SME Financing Funds’ with various
geographical locations. The corporate sector and the commercial banks may
set up a network of such Funds under the aegis of SECP by establishing
institutions under syndicate arrangements or otherwise.
Former Governor SBP Dr. Ishrat Hussain and his team at SBP have worked
very sincerely to promote Islamic Banking in the country. In Junuary’2003,
SBP announced critical measures to promote Islamic Banking in the country.
It has established separate Islamic Banking Department to facilitate Islamic
Banking. Another major step was the introduction of an Islamic Export
Refinance Scheme, that enabled Islamic Banks to provide Export Refinance
at confessional rates under Shariah compliant instruments.
Today there is a great demand for Islamic banking among the Muslims. It is
an alternate system for non-Islamic interest-bearing system. In Pakistan, our
clerics as well as people are very keen to adopt Shariah-based banking. Every
day commercial banks, whether local or foreign, are entering this field.
6. CONCLUSION
The Negative Aspect:
The advocates of Islamic banking assert that the Islamic banking is based on the laws
of contract as laid down in Islamic Fiqah, and all transactions and products offered
by them are in accordance with Shariah.
Most of the commercial banks have divisions of Islamic banking and these divisions
are transacting business according to the tenets of Shariah. But the question arises,
from where are these divisions of Islamic banking getting the funds? They are getting
funds from their parent organizations, which are functioning on interest-bearing
business. Since these funds are generated on interest, whether depositors' money or
borrowers' loans, the element of interest, howsoever negligible it may be, remains in
their funds. Thus, the products sold by the divisions of Islamic banking have the
element of interest, which is as per Shariah is not Halal.
Now the transactions of Islamic banks, such as Meezan Bank etc, are analysed. These
Islamic banks also canvas for deposits because without the support of deposits no
bank, whether Islamic or un-Islamic, can function.
Do these Islamic banks, while accepting depositors' money, examine the intrinsic
value is whether the money that they are accepting is pure (earned by halal means) or
impure means (Najis)? We do not think so because every bank is after deposits, and
very rarely they scrutinise the credentials of these prospective clients.
The Islamic bank has emerged as a unique socioeconomic, yet religiously motivated,
institution. Islamic banks have been confronted by a not unexpected "learning
curve" in handling complicated banking schemes, ever-increasing competition,
liquidity traps, credit crunches, and a need for accounting standards based on the
national ethos of the nations involved. It is less surprising that difficulties have
occurred, than that the difficulties have not been more serious. To resolve existing
and future problems, the authors present the following suggestions: credit analysis:
Standards should be established for credit evaluation; state of the art analytical
techniques should be emphasized.
Modern technology: Although some Islamic banks have instituted modem systems
management, and have acquired centralized as well as microcomputer facilities,
considerable work is needed in other cases, especially in basic systems analysis.
Freer market facilities: Special efforts should be made to increase the productive use
of available short-term liquid funds. (The authors believe that Shariah principles may
allow at least some alternatives.) Improved coordination among banks would also be
especially helpful in the utilization of excessive deposits. Recommendations Bearing
on Legal and Regulatory Matters
Although it is evidently, clear that any new system competing against a well-
established structure that has prevailed for centuries will naturally require strong
efforts in the beginning, and Islamic Finance in his very beginning, lets hope and
prey for the full fledge commencement of true Islamic Financial Systems.
(Concluded)
7 REFERENCES