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This article explores the demand for and the availability of the products compliance with Shariah, or Islamic law.
of financial products for Muslims who adhere to religious If the Shariah board approves of the product, it signs a
prohibitions against receiving and paying interest. This is certificate called a fatwa designating the product Shariah
an evolving area of consumer and small business finance, compliant, which also serves to assure customers of the
and the goal of this article is to provide an overview of products adherence to Islamic law.
the potential market for Islamic finance, to describe the
Although Islamic finance is relatively new to the United
organizations that currently provide these products, and
States, various interpretations of this concept are widely
to highlight some of the challenges of satisfying both
practiced in other countries. In Egypt, Indonesia, Malaysia,
religious tenets and government regulations. Two facets
Sudan, and the Gulf States, Islamic banking coexists
of financial products, asset financing, and investments,
with conventional banking. In many cases, international
are addressed. Furthermore, the article identifies three
banks have established Islamic finance windows, or
types of organizations that offer Islamic financial products
branches of their bank that specifically offer Islamic
and services: financial entities, nonprofits, and for-profit
finance products and services. In countries such as Iran
ventures that sell models of Islamic finance products and
and Pakistan, Islamic banks are the only type of financial
consulting services to firms.1 Drawing largely on interviews
institution. Islamic finance is also offered in Europe by
with regulators, practitioners, and experts in the field, we
a small number of conventional banks and through the
find that the few financial entities that offer formal Islamic
recently established Islamic Bank of Britain. Over the past
finance in the United States are often motivated by strong
ten years, the global Islamic finance industry has grown
grassroots demand in their local service areas. These
significantly and today has between $200 billion and
entities are often charting new territory in terms of product
$300 billion in assets.2
development and conformity with government regulations.
Regulatory issues have not yet been tested on a large A fundamental distinction of an Islamic Bank is the lack
scale, and decisions as to whether a bank may offer an of deposit insurance common in conventional banks. The
Islamic financial product are typically determined on a PLS structure permits receipt of money by depositors
case by case basis. where deposits invested have incurred a profit, but they
must incur losses in situations where deposit investments
What is Islamic Finance? incur losses to comply with Shariah. Deposit insurance
Islamic finance is fundamentally different from the defeats the purpose of PLS because the depositor does
conventional finance model as it is based on a profit not incur any risk. This very fundamental aspect of an
and loss structure (PLS), which requires that a financial Islamic bank runs contrary to the standards of western
institution invest with a client in order to finance their banking regulations. In fact, rather than overcome this
needs, rather than lending money to the client. Because hurdle, the Islamic Bank of Britains Shariah board, finding
of the inherent risk involved in an investment, the financial in the end that this was the only remaining obstacle faced,
institution is entitled to profit from the financial transaction. allowed for the deposit insurance as long as customers
were made aware that deposit insurance was not Shariah
In assuring customers that the structure of the advertised
compliant.
Islamic finance products are compliant with Islamic law,
financial institutions employ a panel of Islamic scholars, The U.S. does not currently have an Islamic bank. Prior
also known as a Shariah board, to analyze and approve to 1997, no bank in the U.S. offered formally structured
SHAPE Financial Corp. West Falls Church, VA For-profit wholesaler/ Home financing, savings
consultant accounts, and consulting
services
Reba Free Minneapolis/St. Paul, MN For-profit wholesaler/ Small business financing
consultant models, and consulting
services
the state of New York. Since 1996, HSBC has offered organizations serve communities with large concentrations
Islamic finance products and services in offices in its of Muslim refugees.
global Islamic services division overseas in the UK, Saudi
Since 2001, the Neighborhood Development Center
Arabia, Malaysia, Bangladesh, Indonesia, Singapore, and
(NDC) has partnered with Reba Free, an organization
Brunei. In the United States, HSBC offers Shariah home
which develops Shariah approved Islamic financing
financing, deposit accounts, and credit cards. HSBC
products, to finance small business entrepreneurs. Most
utilizes an Ijara lease-to-own home finance model. The
of the NDCs customers are Muslim, particularly Somali
deposits from interest-free deposit accounts are invested
refugees, but the program is open to anyone who is
as capital for the Shariah-compliant home financing
looking for an alternative method of financing. NDC offers
products. The specified percentage of the profit collected
a buy/sell agreement, which is very similar to that of a
from the home financing models is then distributed at a
traditional Murabaha agreement, where NDC purchases
specific rate across the deposit accounts. The money in
the asset and resells it to the client at a predetermined
the interest-free accounts is segregated from investment
profit rate. NDC also offers a royalties agreement that
in interest-based funds.
is similar to the traditional Musharaka agreement, in that
Home financing is the most important source of business both the client and the NDC put a certain percentage of
for each of these institutions. Each tends to serve capital towards the asset.
socioeconomically diverse customer bases, although some
World Relief offers micro-financing to Nashville refugees
recognize particularly strong growth potential among
with small businesses. Funding comes from the Office of
Muslims in professional occupations.
Refugee Resettlement in the U.S. Department of Health
In contrast, the Neighborhood Development Center and Human Services. In addition to offering Islamic
and World Relief are nonprofit, small-volume lenders business financing through a Murabaha model, World
that offer Islamic small business financing mainly to Relief also provides technical assistance and training.
Somali refugees in Minneapolis/St. Paul, Minnesota, and
In addition to these entities, SHAPE Financial Corp. and
Nashville, Tennessee, respectively. While these states do
Reba Free are for profit ventures founded by experts
not have large Muslim populations overall, the nonprofit
in Islamic finance that supply pre-designed Shariah-