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interest at both ends of the arrangement and normally the interest rate is compound in
nature. While compounding interest is the worst form, any amount of interest on a
loan is prohibited in Islam (Srah Al-Baqarah, verse 278-279). The council of Islamic
scholars around the world, including the International Fiqh Academy and the
European Fatwa and Research Council, has unanimously agreed on the existence of
rib in the conventional banking system.
In Islam, money itself is not a commodity; rather it is simply a mean of investment in
buying or selling real commodities and services. Islam promotes real economic
activities by means of trade and business. Allah says in Srah Al-Baqarah, verse 275,
Allah has permitted trading and forbidden rib. Trading implies not only buying and
selling; it includes all forms of permissible business activities. In an interest-based
loan, one party gains at the expense of another; but, in a permissible trade both parties
gain as they exchange commodities or services for a price that is of equal countervalue.
While interest-based borrowing and lending is at the core of conventional banking,
the Islamic banks applies the concepts of partnership (mu rabah and mushrakah),
sale (murbaah, muswamah, muajjal, salam and istin), lease
(ijrah), agency (waklah), and interest-free loan and safekeeping (qar, waah and
rahn).
already been laid out in the Qur'an and in the hadiths. There is much evidence in the
Qur'an and especially in the hadiths that establish the foundation and principles for
present-day Islamic banking contracts. In some cases the Prophet (SAW) was himself
engaged in commercial contracts and in some other cases he (SAW) gave rulings
regarding the permissibility of contracts. Some principles are deduced by the Islamic
scholars from the Qur'an and the hadiths applying permissible scientific
methodologies.
However, some still argues that the Islamic banks simply mimic the conventional
interest-based banks.
During the period of European colonial empires most countries adopted Western-style
practices. From banking systems to legal systems, colonial rules became dominant
and replaced Islamic principle-based practices. Subsequent to World War II, in the
mid-nineteen hundreds, the Muslim majority countries started to gain independence
from the colonial powers and got the opportunity, after several hundred years, to
reshape the systems based on their particular needs. We can, therefore, only trace the
beginning of modern Islamic banking back for a few decades.
The Dubai Islamic Bank, established in 1975, is the worlds first commercial Islamic
bank. It was only in the 1980s that Islamic banking started to expand worldwide.
There were a number of experimental efforts before that to establish Islamic principlebased financial institutions, but coming up with a viable and sustainable model that
could compete with already well-established conventional banking appeared to be a
great challenge and some early initiatives failed.
As the new entrants in a highly competitive financial industry, the primary concern of
the Islamic banks is naturally survival, in addition to being Sharah -compliant.
Customers expectations from banks and their willingness to participate in risk is one
of the major challenges in implementing a truly profit-and-loss sharing banking
system, as not all customers are willing to take the risk of loss. To ensure the
sustainability of the banking model at the initial stage, therefore, Islamic banks came
up with Sharah-compliant financial products that in substance are not significantly
different from conventional products. The apparent similarity between the two
banking systems allowed the Islamic banks to gain acceptance among conventional
banking customers, therefore giving it the opportunity to grow.
A regulatory framework that caters primarily for the conventional banking system is
another primary factor that forces Islamic banks to structure their financial services in
a particular way, often resembling conventional banking services. Even though
significant regulatory improvement has already occurred in some countries to
accommodate specific needs of Islamic banking, there is a long way to go.