Banking
and finance have been around as long as there has been
trade. A barter system or a fully co-operative society
doesn’t need banks or money or finance. There is direct
swapping of goods and services for other goods and
services.
But of course as a society becomes more complex direct
co-operation between individuals becomes impossible.
Bartering falls down pretty quickly once you move from
simple home plot agriculture and physical labour in the
fields or on the hunt.
So there is evidence of financial transactions involving
money, interest, profit and records from the world’s
earliest civilisation in Mesopotamia – from Babylon to
be precise – and dating right back to the 18th
century BCE. Moreover, as so often, this evidence comes
from temple records.
With the concepts of money and trade and profit comes
another element that has always caused worry and heart
searching among religious and community leaders: debt.
Loans of money allow us to acquire goods and services
before we actually have the means to pay for them. We
work, make money and repay the loans. The people who
gave us the money for current gratification are business
people too and so expect to make a profit from the
loan. That profit – the price, if you like, of money –
is what we call interest. It is the potential ease of
acquiring un-repayable debts, of owing too much money
and causing hardship to ones family trying to pay them
off that has worried scholars so much. Is it right to
profit from creating debt? Is it therefore right to
earn interest?
Islam has always been completely clear on its response
to this question. It is not right and thus it is not
allowed. Other religions have felt the same but have
allowed that scruple to slide alongside the rise of
Capitalism as we now know it. There are after all
benefits for many from the use of interest bearing
financial instruments. But the downside, the problem of
debt, remains. Islam has remained staunch in its
disavowal of interest.
But this has caused difficulties in the modern world,
not just for individuals but for developing nations as
well. Without access to loans, mortgages, savings
schemes, bonds and all the other paraphernalia of the
modern financial capitalist edifice how can Muslims
benefit from the advantages they bring without the
disadvantages of interest induced debt?
The basic solution has been around since the earliest
days of finance, just not widely used. This involves
swapping the concept of interest, at an up front
pre-determined rate, for profit and risk sharing, the
amount of profit not being known of course until after
the event and the risk sharing well defined beforehand.
And of course Islam demands an ethical approach to
finance and investment with trade in items like
gambling, alcohol, pornography or pork products being
forbidden.
Interestingly, many Western style finance houses have
discovered that ethical investments can bring better
than average returns as well.
In the late 1970’s, with increasing wealth particularly
from oil and growing participation in the global
economy, demand for acceptable Islamic products
increased enough to make financial institutions take
notice and develop some modern products for use in the
wider world.
Today we have a full set of financial instruments
available in Shari’a compliant form not just for
international finance but also for individuals that
allows them for example to finance home buying or fund
the purchase of a car.
Moreover in some countries, notably in the US and UK,
Islamic compliant products are seen as being attractive
alternatives to traditional interest bearing schemes
especially in the field of home buying.
Shari’a
compliant mortgages are available in different forms but
the commonest are Ijara & Murahaba.
An Ijara contract has the finance company buy the
property and rent it to the potential homeowner over an
agreed period, even as long as 25 years like a
traditional mortgage. The rent is based on market rates
and reviewed regularly but in general less frequently
than interest rates change under traditional schemes.
This can make a more favourable deal for the renter
because it offers more stability of payments. At the
end of the agreed rental period title transfers to the
renter and no interest has been paid.
A Murahaba contract is in some ways even simpler. The
bank buys the property for a known price. It then sells
it on to the customer at an agreed higher price which he
pays in equal instalments over time. This has the major
advantage of giving the homeowner a fixed repayment for
the duration but again since the customer is only
repaying capital the risk of interest is avoided.
Other schemes are available for entrepreneurs to gain
funding for their business ventures.
For example under a Mudarabah scheme the bank provides
capital and profits from the business of the
entrepreneur are shared with the bank at an agreed
ratio, this profit sharing continuing until the loan is
repaid. If there is no profit the bank potentially
makes no gain from their loan.
Also on the market today are various purchase and
leaseback products that emulate Hire Purchase or
Contract Hire but at all times making only capital
payments.
Now not everyone is happy with these schemes. It has
been said that they are reminiscent of the ‘Contractum
Trinius’ which was a complex triple contract used by
Mediaeval European bankers to avoid the Pope’s ban on
usury; that is, legal niceties that comply technically
but break the underlying principle of no interest and
shared risk.
Today though more and more commercial organisations have
sought and found ways of funding that not only comply
with the letter of the law but fully with the spirit
too. Profits and losses on contracts are shared
proportionally without resorting to sophistry to protect
the asset but to genuinely share. Because of the lack
of debt burden businesses can flourish and the banks
become partners rather than simply suppliers; ironically
a situation traditional banks have striven to achieve
all the while trying to maintain their lack of risk
exposure.
Islamic financiers have looked also at solutions for the
huge international debt bubble which has led to a world
economy desperately unbalanced. Compare the $30
trillion plus of corporate and sovereign bonds to the
production and capital base of the global economy and
you see an upside down pyramid of debt balanced on a
pinpoint of production generating income to service that
debt. Debt that the lenders insist must be repaid
irrespective of the social disaster it might cause.
An Islamic based financial system keeps a close link
between finance and production and the principle of risk
sharing keeps a lid on the endless debt spiral. Even
the IMF has seen that this must stop and is pushing
principles to developing nations that whilst not named
as Shari’a compliant nevertheless follow the principles
closely.
For example they look for growth from FDI not borrowing.
If borrowing is necessary it should not all be short
term maturity but have a long enough maturity date that
underlying business can develop first and repay from
profit not income. Lenders and partners on an
international scale share both the risk and reward in
the long run and the endless cycle of debt is broken.
Islamic finance has made huge strides since the ‘70s.
But there are still lessons to be learned and changes to
be made.
There still needs to be a common regulatory framework
and greater standardisation and transparency. This
would for instance stop the unseemly practice of ‘fatwa
fishing’ where institutions shop around among scholars
until they find one with a view more conducive to their
commercial plans. This makes a mockery of sensible
scholarly discussion and truly Shari’a compliant
business.
However because so many scholars have contributed to the
thinking and set precedents in legal documents it is far
quicker today to issue compliant bonds than in the
past. This will continue to improve and that will only
make the products more attractive.
Innovation is still needed especially in the fields of
project and infrastructure finance and money markets and
we still need more input from the Global financial
institutions and not just those from Islamic countries.
But all in all the development of products and services
has been successful and popular; a situation that can
only improve as time goes by.
By sharing the risks financial institutions can work to
develop greater profit for themselves and their clients
without having to charge interest. Over time the gain
is greater for both parties than that made by saddling
the customer with a heap of debt so he only works to pay
off the debt not grow the business. American
Capitalists call this Win-Win and spend millions
training their businessmen to understand it. With Islam
it is built in to the teachings of Prophet Mohammed (pbuh). |