Modern Islamic
finance and its benefits
Although Islamic finance offers numerous benefits, its full
potential has yet to be tapped. To truly benefit from Islamic finance, the core
of the Islamic financial system must be gradually strengthened alongside a
change in mentality from choosing cosmetic changes to ensure minimum Shariah-compliance to a comprehensive
adherence to Islamic principles that encourages real trade and commerce while
maintaining fairness and justice to all. Below are some of the noted benefits
of Islamic finance:
i.
Flexibility
ii.
Resilience
iii.
Stability
iv.
Fair and just
v.
Diversification
vi.
Fulfills religious
needs
vii.
Huge market
Flexibility
Islamic finance is simple and straight forward, yet
flexible enough to meet the commercial needs of the involved parties. According
to Kuwaiti economist, Hajjaj Bukhdur:
Islamic finance already has around
30 different types of products and instruments, giving it a large degree of
flexibility to meet investors’ demand and continue to expand rapidly… But it
has two major shortcomings: there are different regulatory systems ... and
managements have been less competent to realize the full potential.[1]
The recent introduction of Islamic bonds known as sukuks and Islamic derivatives is
further indication of the flexibility of Islamic finance.[2] This flexibility allows a
variety of different Islamic financial products to be created for a single
purpose. However, the level of risk associated with each product and the
benefits to the involved parties differ. Currently, many scholars are
considering the viability of equity financing compared to debt financing.
The general principle under Islamic law is that everything
is permissible and allowed unless it is expressly and clearly prohibited.
Therefore, Islamic law is always suitable for implementation because of its
flexibility.[3]
The problem is that there can be uncertainty regarding the validity of some of
the financial products, such as whether they are Shariah-compliant. To avoid this clear hierarchical structure is
required. Such uncertainty is eliminated by a clear hierarchical structure at
the international level or as reflected in the terms of the contract. If the
products are deemed valid by those holding the final say, be it a committee or
a respected scholar, there should be no further disputes concerning issues of
validity or Shariah-compliance.
Resilience
Islamic finance has often proven more resilient to
financial crisis as the result of its guiding principles and because
transactions tainted by excessive uncertainty are prohibited. For example,
according to Askari et al:
The reason that Islamic financial
institutions and capital markets were not directly affected by the subprime
financial crisis was that they did not have any exposure to toxic assets
(largely debt-based) and therefore, were immune to the crisis during its early
stages. However, as the financial crises led to economic recession and global
slowdown, the values in the real sector also began to deteriorate, putting
pressure on Islamic financial institutions too.[4]
However, Islamic finance is not risk-free. It can, and has
suffered loss. According to Islamic finance experts, a business transaction
that only guarantees ‘profit’ and rejects any possibility of loss is often
usury in disguise. Such transactions are typically not sustainable and tend to
involve some element of injustice, eg oppression due to lack of bargaining
power or unfair allocation of risks between the parties.
Islamic finance has emerged relatively unscathed from the
subprime crisis and the credit default swaps debacle for the following reasons
(among others):
Islamic law forbids many of the
products and transactions related to those specific aspects of the meltdown-the
securitization of debt, the bets inherent to credit default swaps, the
excessive leverage, and more generally the sheer complexity and opacity of the
derivatives and their distance and disconnection from real assets.[5]
Islamic finance is not immune to the ‘bubble’ dynamic and,
indeed, it has started to feel the effects of a different kind of bubble caused
primarily by a decrease in asset prices.[6]To truly make the global
system more resilient, Islamic financial institutions must depart from the
current practice of simply making cosmetic changes because the benefits and
add-values expected of Islamic finance cannot be realized in such situations.
As long as the attitude and mentality towards risk is similar to that of
conventional practices there will be no real benefit. In fact, such an
environment might be just as volatile as conventional situations, as reflected
by research conducted on the Islamic index.[7]
Stability
There have been numerous works on the stability of Islamic
finance, including the work of Askari et al.[8] The recent global
recession highlighted the fragility and instability of the modern conventional
financial system. To quote Warren Buffett, ‘you only learn who has been
swimming naked when the tide goes out, and what we are witnessing at some of
our largest financial institutions is an ugly sight.’[9]
According to Dr. Zeti:
Islamic finance has, thus far,
remained positive, despite the current challenging global financial
environment. The strengths in Islamic finance are derived from the Shariah principles, the key pillar of
Islamic finance that has contributed towards its overall stability and
resilience. The Shariah injunctions require that the financial transactions be
accompanied by an underlying productive activity thus giving rise to a close
link between financial and productive flows.[10]
The strength of the largely interest-based conventional
financial systems, tainted with occasional excessive speculative activities,
has been tested during the recent global recessions and financial crises.
Although Islamic finance is flexible in most areas, the fundamentals or core
principles remain clear and this result in a more stable system.[11]
Conventional financial systems based on debt can be
extremely volatile and their sustainability is questionable, as reflected by
the European governmental debt crisis. In 2010, Europe’s Finance Ministers had
to approve a rescue package amounting to €750 billion to ensure
financial stability in Europe (via the creation of the European Financial
Stability Facility). During such financial crises the instability of
conventional systems is more apparent. For example, in relation to the European
debt crisis, financial speculators and hedge funds engaged in selling the euro,
which worsened the crisis, as suggested by Greek and Spanish Prime Ministers.[12]
To achieve better stability, Islamic principles can also be
applied to monetary systems. Islamic monetary systems are not against paper
money per se. However, they insist on a just system in which stability exists
and manipulations and injustice are avoided. Understandably, during the eighth
to fourteenth centuries when Muslim empires peaked, gold and silver were the
main currency. It would be difficult to achieve the desired stability from
modern Islamic finance under current monetary systems. Details on this matter
are included in subsequent chapters. Briefly, Islamic finance encourages a
stable and fair monetary system that is not easily manipulated. Present-day
monetary systems are allegedly tainted by manipulations and uncertainties. It
is a well-known fact that countries can currently produce money without any
practical limitations and without the backing of a gold reserve. Islamic
finance scholars have long claimed that paper money or currency that is not
backed by anything, eg gold, can be dangerous.[13]
Fair and just
The concept of profit-loss-sharing, if utilized properly,
would lead to an ethically fair and just trade and finance system. According to
Zaher and Hasan:
The Islamic community has
rationalized the elimination of riba (interest) based upon values of justices,
efficiency, stability and growth. In terms of justice, the removal of riba
results in the sharing of the risk of a project between the borrower and the
lender. In addition, by tying the reward to the performance of the business
venture, the resulting returns are more equitable during the good times and bad
times.[14]
Islamic finance has the potential to bring a wide range of
economic benefits to society through the mobilization of savings, productive
investments and general economic development.[15] There is strong evidence
that Islamic finance is actually paving the way for a more ethical type of
trading and financing. Contrary to the claims made by various writers that
Islamic finance is nothing more than cosmetic changes to conventional finance,
the facts indicate that some Islamic finance products actually challenge the
core of conventional finance (including usury and interest), albeit in a slow
and progressive manner.
Some critics argue that Islamic banks use the same rates,
such as the London Interbank Offer Rate (LIBOR), to determine their profit,
similar to those used by commercial banks[16]. However, Islamic banks
have not historically had their own benchmarks for establishing profitability
and, as such, have had to use conventional benchmark rates. With the growing
demand for Islamic finance, Islamic countries have begun to develop
instruments, including Malaysian Islamic Benchmark bonds that allow Islamic
banks to have their own benchmarks.[17]
Islamic and conventional finance diverge in the case of
default. In conventional finance, the interest continues to compound until the
entire principal and interest is paid. However, under Islamic finance, because
the transaction is not a loan there is no interest or compounding interest.
Therefore, the accusation that Islamic finance is the same as conventional
finance is inaccurate.
Conventional debt financing that is collateralized and
earns a fixed interest-rate can appear unjust with an unequal distribution of
risk.[18] This inequality is even
more pronounced when Western governments use public funds to bail out banks, as
during the recent global recession. However, Islamic financial systems cannot
be introduced by merely eliminating the usury system. It should be done by
adapting and fusing the Islamic principles of social justice as an alternative
alongside its rules, practices, regulations and instruments to help realize
equity and fairness.[19] In other words, a dual
system in which the customers and clients can choose the product they prefer
should be promoted.
Diversification
Many Western financial institutions are attracted to the
diversification offered by Islamic finance, especially with the emergence of
new Islamic financial institutions and markets, including international project
financing, private equity, the issuance of Islamic bonds (known as sukuk) and various asset, funds and
wealth management strategies.[20] This is consistent with
the global nature of Islamic finance.
Product development for Islamic financial services has
generally been limited to the reengineering of conventional financial products
to meet the formal requirements of Islamic finance. To make a substantive
contribution to the development of Islamic finance, a wider view of Shariah-compliance and a new generation
of competitive and innovative products will be required.[21]
Fulfills
religious needs
Islamic finance enables Muslims to conduct their daily
transactions in ways that are Shariah-compliant.
The holy Qur'an has talked about the prohibition of riba in many places in chronological order:
In the period of Makkah, Allah (S.W.T.) says in surat
Ar-Roum, (Verse 39), what can be translated as, "And that which you give
in riba (to others), in order that it may increase (your wealth by expecting to
get a better one in return) from other people’s property, has no increase with
Allah."
Then, in the period of Al-madinah, interest was explicitly
prohibited in the saying of Allah (S.W.T.), in surat Ale-Emran, (Verse 30),
what can be translated as, "O you who believe! Do not take riba doubled
and multiplied, but fear Allah that you may be successful."
Then, another revelation came down in the saying of Allah
(S.W.T.) in surat Al-Baqarah, (Verse 275 & 276), what can be translated as,
"Those who deal with riba will not stand (on the day of Resurrection)
except like the standing of a person beaten by Shaitan (Satan) leading him to
insanity. That is because they say: "Trading is only like riba,"
whereas Allah has permitted trading and forbidden riba. So whosoever receives
an admonition from his Lord and stops dealing with riba shall not be punished
for the past: his case if for Allah (to judge); but whoever returns to dealing
with riba, such are the dweller of the Fire-they will abide therein. Allah
destroys riba and will give increase for Sadaqat (deeds of charity, alms, etc.)
and Allah does not like the disbelievers, sinners."
Then, the last thing that was revealed about the
prohibition of interest was the saying of Allah (S.W.T.) in surat Al-Baqarah,
(Verses 278 & 279), what can be translated as, "O you who believe!
Fear Allah and give up what remains (due to you) from riba (from now onward),
if you are truly believers. And if you do not do it, then take a notice of war
from Allah and His Messenger but if you repent, you shall have your capital
sums. Deal not unjustly, and you shall not be dealt with unjustly." This
last verse is an emphatic argument that would silence those who say,
"interest is not forbidden unless it is a high percentage." But it is
clear that Allah did not allow for the person to receive except the exact
capital, no more and no less."
Huge market
Moody's Investors Service believes that the full potential
is at least US$5 trillion although currently, it only accounts for around 5
percent of the global financial industry.[22] There is a huge market
for Islamic finance. The first being Muslims, which compose about 20 percent of
the world population. James Hume, executive vice president of the Dubai
International Financial Centre, noted:
An increasingly educated populace
with growing self-assuredness and awareness of their Islamic roots is becoming
alert to the shortcomings of conventional
finance and more vocal in demands for alternatives.[23]
Similarly, according to the Hong Kong Legislative Council
Secretariat:
Islamic finance has expanded rapidly
in recent years, as evidenced by the growth in Shariah-compliant financial
assets worldwide by over 10% per annum during the past decade1. At present,
Islamic finance represents a small growing segment of the global finance industry.
Measured by Shariah-compliant assets held by financial institutions, the global
Islamic finance industry was estimated at US$822 billion (HK$6.4 trillion) in
2009. This figure is projected to reach US$1 trillion (HK$7.8 trillion) in 2010
and US$1.6 trillion (HK$12.4 trillion) by 2012.[24]
In the Middle East alone at least US$1.5 trillion in
project financing is expected in the next ten years, and most of it will have
strong Islamic financing aspects.[25]
Rehman’s work highlighted the following facts related to
high-profile investments made by the Gulf States and Islamic institutions:[26]
- The Gulf States
control around 40 percent of the world’s known oil reserves and nearly a
quarter of global natural gas reserves.
- By 2006, the foreign
assets of the Gulf Cooperation Council (GCC) had already reached US$1.9
trillion.
- The net capital
outflows from the Gulf States in 2006 alone were US$200 billion.
- The McKinsey Global
Institute estimated that the GCC’s accumulated foreign wealth could reach
US$8.3 trillion by 2020.
Islamic finance’s huge market potential is, however,
severely limited by Islamophobia. Following the attacks on 11 September 2001,
all things Islamic came under a cloud of suspicion, and Islamic finance and
Islamic banks were certainly no exception. Discrimination against Muslims
increased significantly following the September 11 attacks, with Muslims
stereotyped as violent and prone to terrorism without any opportunity to rebut.
There are around 1.3 billion Muslims in the world, and that
means that one out of every five or six people on the planet is Muslim.
However, the equity and wealth shared by Muslim communities is just around 4
percent and many Muslim countries such as Indonesia, Bangladesh, Afghanistan
and Pakistan are largely poor with no media power. Furthermore, almost all of
the eminent media is owned and controlled by Western countries with much of it
significantly contributing to the negative perceptions and images of Islam that
have become so commonplace. A case study of American network news coverage post
9/11 supported the view that objective coverage of Islam is a myth, not just in
America, but around the world.[27]
Muslims, especially those from the Middle East, are almost
always portrayed as terrorists with the intention to kill the innocent
populations of Western countries in Hollywood movies. As a consequence, hatred
towards Islam and Islamophobia are on the rise. Mosques in various places have
been defaced and burned and Muslims are treated suspiciously, especially those
trying to adhere to the Islamic dress code. Requests have also been made by
some politicians to refuse citizenship to followers of Islam.
Applications to build non-Islamic places of worship have
typically been freely granted, but applications to build mosques have become
sensitive and many have been rejected. Therefore, it is not surprising that the
negative perceptions towards Islam and strong hatred for Muslims have
contributed to the various attacks on Islamic finance, many of which have been
based on prejudice and bias. Virtually every work in the abundant ‘secrets of
terrorist financing’ literature has alleged that the purpose of Islamic finance
is to fund terrorism.[28]
One of the National Security Adviser during Bill Clinton’s
second term and the top official in charge of the surveillance of Bin Laden’s
networks at the time, alleged that “it
would be difficult to track down Osama Bin Laden’s money because it was hidden
in ‘underground banking, Islamic banking facilities.”[29] Blanket accusations that
Muslims are terrorists, or even violent people, are unwarranted and
unjustifiable, but that has not stopped individuals from insisting that Islamic
finance should be discouraged because ‘terrorists might use it’.
Conflicting logic plagues these accusations because real
terrorists do not want their money to be easily identifiable and would
definitely shy away from Islamic finance, which is subjected to a great deal of
scrutiny from the authorities. Those involved in terrorism are more likely to
receive their funding from other sources including piracy, money-laundering and
secret donations and it would be highly counterintuitive to attempt to use
Islamic finance for such activities.
Despite this discrimination, in the years following the
September 11 attacks, the Islamic finance industry did not crumble and
collapse. Instead, it experienced dramatic growth and major transformations
while progressively shifting to better products. Criticisms and condemnations
of Islamic banks were no doubt a motivating factor in the serious efforts to
standardize, rationalize and streamline Islamic finance. Blanket discrimination
against Muslims and Muslim countries, particularly those in the Middle East,
have also contributed to the development of Islamic finance in certain
jurisdictions such as Southeast Asia and particularly Malaysia because some
wealthy Muslims and Muslim countries decided to diversify their wealth outside
Western countries due to the prevalence of poor treatment and negative
perceptions.
Furthermore, the risk that their assets might be unfairly
frozen merely because they were Muslims also contributed to the shifting of
assets and investments outside Western countries. Islam is one of the most
misunderstood religions and its negative portrayal in media and much of society
has been detrimental to the development of Islamic finance.
According to the 2009 survey on religious attitudes, a
shocking 58 percent of the Americans interviewed agreed that Muslims face more
discrimination than any other religious group in the United States.[30]
With a proper strategy for improving the relationships
between Muslims and non-Muslims in place and a more efficient use of the media
to reduce negative perceptions, it is possible to ensure a brighter future in
which kindness and mutual understanding leads the way. Due to the strong and
systematic bias and discrimination in the West towards Muslims, especially
those from the Middle East, many wealthy investors and Middle-Eastern Muslim
countries are looking for alternatives. This has contributed to the growing
Islamic finance market outside the United States. Furthermore, non-Muslim
investors have also contributed to this expansion with the market for sukuk increasing from close to zero in
2001 to US$100 billion in 2007, in part because non-Islamic investors have
acquired a substantial percentage of the sukuk
market.[31]
[1] Omar Hasan,
‘Islamic finance should diversify, analyst say’ Agence France-Presse (Kuwait 5
September 2010)
<http://www.hurriyetdailynews.com/n.php?n=islamic-finance-should-diversify-analysts-say-2010-09-05>
accessed 17 November 2011.
[2]See Asmadi
Mohamed Naim, ‘Chapter 9 Shari'a Criteria: Issues in Company Investment and
Sukuk issuance in mixed activities’ in Humayon A. Dar and Umar F. Moghul
(editors), The Chancellor Guide to the Legal and Shari’a Aspects of Islamic
Finance (Harriman House 2010)
[3] Mohd Akram
Laldin, Islamic Law: An Introduction (IIUM Press 2009) 40
[4]Hossein Askari, Zamir Iqbal, Noureddine
Krichene and Abbas Mirakhor, The Stability of Islamic Finance (John Wiley &
Sons (Asia) Pte. Ltd 2010) 199
[5] Ibrahim Warde, ‘The Relevance of Contemporary
Islamic Finance’ (2009) Berkeley J. Middle E. & Islamic L., 164.
[6] Ibrahim Warde, ‘The Relevance of Contemporary
Islamic Finance’ (2009) Berkeley J. Middle E. & Islamic L., 164.
[7]Amélie Charles, Adrian Pop and Olivier Darné,
‘Is the Islamic Finance Model More Resilient than the Conventional Finance
Model? Evidence from Sudden Changes in the Volatility of Dow Jones Indexes’
(International Conference of the French Finance Association (AFFI),11-13 May
2011) <http://ssrn.com/abstract=1836751> accessed 17 November 2011.
[8]Hossein Askari, Zamir Iqbal, Noureddine
Krichene and Abbas Mirakhor, The Stability of Islamic Finance: Creating a Resilient
Financial Environment for a Secure Future (John Wiley & Sons (Asia) Pte.
Ltd 2010).
[9] Francesco Guerrera and Justin Baer, ‘Buffett
defends sovereign wealth funds’ Financial Times (29 February 2008).
[10]Zeti Akhtar Aziz, ‘Governor’s Keynote Address:
Islamic Finance: A Global Frowth Opportunity Amidst a Challenging Environment’
(State Street Islamic Finance Congress 2008, Boston USA, 6 October 2008).
[11] For example, due to the prohibition of interest, Islamic finance
encourages real trade and business activities that generate legitimate income
and profit. The prohibition of dealings with transactions tainted by gharar or
major uncertainties means that speculative activities and excess leverage are
avoided. Islamic finance is generally safe from the uncertainties and fragility
created by the gambling-like speculations that occur in conventional finance,
particularly in relation to short selling, sales on margin and debt-based
securities. Islamic finance keeps the financial sector in sync with real-world
sectors, such as trade and commerce by insisting on a stable and fair market. A
strong perception exists that the distribution of income and wealth are
generally unfair and that inequality is increasing, as reflected by the growing
gap between the rich and the poor.
[12] Sean O'Grady, ‘Soros hedge fund bets on demise
of the euro’ The Independent (London 2 March 2010)
<http://www.independent.co.uk/news/business/news/soros-hedge-fund-bets-on-demise-of-the-euro-1914356.html>
accessed 17 November 2011.
[13] During World War II gold holdings peaked at around 20,205 metric tonnes
(in the United States alone). The United States still has the largest gold
reserve in the world, estimated at 8,133.5 tonnes in 2010. In comparison,
China’s gold reserve is estimated to be around 1,054 tonnes. The PRC has also
indicated its intention to increase its gold reserve in response to the
uncertainty of global monetary systems. An analysis of the gold supply showed
that around 160,000 tonnes of gold has been mined from the beginning of recorded
history through the end of 2008. Furthermore, the gold demand for jewelers,
industrial and central bank reserves equates to approximately 100,000; 30,000
and 30,000 tonnes, respectively. It has been proposed that the world’s gold
supply is sufficient to regulate and accommodate global trade and commerce,
although the world’s wealth will be more limited because gold cannot be printed
like paper money. It is, however, more sustainable. While gold currency,
unpegged to paper money, can be effective, gold is not necessarily a good
investment. Although Islamic finance is not against fiat money or paper money
per se, Islamic financial experts have long voiced that a system in which money
can be printed at will and is easily manipulated is vulnerable to injustice and
uncertainties. They have proposed that a time will come when fiat money finally
loses its value and that the application of Islamic principles to monetary
systems, if observed, could provide a cushion at such a time. Islamic finance
experts have different views concerning the use of gold and silver (even the
gold standard) as a medium of exchange and its relation to stability.
[14]Tarek S. Zaher and M. Kabir Hassan, ‘A
Comparative Literature Survey of Islamic Finance and Banking’ (2001) Financial
Markets, Institutions and Instruments, V.10, No.4 (November).
[15] Ibrahim Warde, ‘The Relevance of Contemporary
Islamic Finance’ (2009) Berkeley J. Middle E. and Islamic L., 166.
[16] Beng Soon Choong and Ming-Hua Liu, ‘Islamic
banking: Interest-free or interest based?’ (2009) Pacific Basin Finance
Journal, Volume 17, Issue.1 (January) 125-144
[17]Gohar Bilal, ‘Islamic Finance: Alternatives to
the Western Model’ (1999) The Fletcher Forum of World Affairs, Vol.23,
158.
[18]Ataul Huq
Pramanik (ed), Islamic Banking: How Far Have We Gone (Malaysia: IIUM Press,
2009) 14.
[19]Sudin Haron
and Wan Nursofiza Wan Azmi, Islamic Finance and Banking System: Philosophies,
Principles & Practices (McGraw-Hill (Malaysia) Sdn. Bhd, 2009) 97.
[20] For example, see Tarek S. Zaher and M. Kabir Hassan,
‘A Comparative Literature Survey of Islamic Finance and Banking’ (2001)
Financial Markets, Institutions and Instruments, V.10, No.4, November.
[21] Although Islamic finance products can be tailored to meet the needs of
the involved parties, some of the basic principles cannot be changed.
Successful products must also observe certain criteria limitations, and even
with these, a broad range of companies is eligible for investment. For example,
as of June 2006, theDow Jones Islamic Market Index listed 1,937 companies as
being eligible for investment.
[22] Omar Hasan, ‘Islamic finance should diversify,
analyst say’ Agence France-Presse (Kuwait 5 September 2010)
<http://www.hurriyetdailynews.com/n.php?n=islamic-finance-should-diversify-analysts-say-2010-09-05>
accessed 17 November 2011/11/17.
[23] James Hume, ‘Islamic Finance: Provenance and
Prospects’ (2004) Int'1FinL Rev 48.
[24]<
http://www.legco.gov.hk/yr09-10/english/sec/library/0910fs19-e.pdf> accessed
8 November 2011.
[25] Oliver Agha, ‘Islamic Finance in the Gulf: A
Practitioner’s Perspective’ (2008) Berkeley J. Middle E. & Islamic L., 190.
[26]Aamir A. Rehman, Gulf Capital & Islamic
Finance: The Rise of the New Global Players(McGraw-Hill 2010).
[27] See Dina Ibrahim, ‘The Framing of Islam on
Network News Following the September 11th Attacks’ (2010) The
International Communication Gazette, Volume 72, No.1.
[28] Ibrahim Warde, ‘The Relevance of Contemporary
Islamic Finance’ (2009) Berkeley J. Middle E. and Islamic L., 160.
[29] Gene J. Koprowski, ‘Islamic Banking is Not the
Enemy’ (2001) Wall Street Journal Europe. 1.
[30]Jina Moore, ‘Post 9/11, Americans say Muslims
face most discrimination: But many also see Islam as a violent religion,
according to a Pew Forum survey’ The Christian Science Monitor (11 September
2009) <http://www.csmonitor.com/USA/2009/0911/p02s19-usgn.html> accessed
18 November 2011.
[31] Ibrahim Warde, ‘The Relevance of Contemporary
Islamic Finance’ (2009) Berkeley J. Middle E. and Islamic L., 165.
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