10. Islamic vs. Conventional Banking[1]

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    Islamic and Conventional

    Banking

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    Summary of the Previous Lecture

    We studied the concept of time value of money

    •In the conventional economic system and its

    basis on interest at a fixed rate

    •!nder Islamic economic system it is based on

    price for a commodity "ith a difference for cashand credit sale

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    Learning outcomes

     #fter today$s lecture you "ill be able to understand

    •%he governing principles of Islamic banking based on the

    literature mostly discussed in the &nd and 'rd lecture

    •(a)or difference bet"een the Islamic and conventional

    banking system

    •(odes of financing or products offered by the Islamic

    banks

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    Basics of Islamic Banking

    • Islamic Banking is based on Shariah La"s

    • Shariah covers every aspect of our life* it provides

    principles ho" to live at individual level* in the society*

    legal and economic system* etc or simply it is a

    complete code of life

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    +overning principles of Islamic Banking

    , %he prohibition of interest or riba based transactions

    & #voidance of speculations -gharar.

    ' #voidance of oppression -/ulm.

    0 Introduction of Islamic tax -/akat.

    1 2inancing of Sharia #pproved activities and

    discouraging the production of goods and services

    "hich are not allo"ed in Islamic values -haram.

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    , %he prohibition of interest based

    transactions

    %hose "ho charge usury -riba$3interest. are in the same

    position as those controlled by the devil$s influence %his is

    because they claim that usury is the same as commerce

    4o"ever* +od permits commerce and prohibits usury

    %hus* "hoever heeds this commandment from his Lord andrefrains from usury* he may keep his past earnings and his

     )udgment rests "ith +od #s for those "ho persist in usury*

    they "ill incur 4ell* "herein they abide forever5 -&6&70.

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    , %he prohibition of interest based

    transactions

    • 8iba$ literally means 9increase5 or 9excess5 #n increasein a loan transaction or exchange of commodity accrues

    to the o"ner "ithout giving an e:uivalent compensation

    in return 2or example

    • ;xchanging ,kg of grapes "ith ,1kg of grapes that are

    of the same type* :uality and value

    • ;xchanging 8s,

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    , %he prohibition of interest based

    transactions

    Prohibition of 8iba "ill promote an economic behavior

    "hich is

    •economically )ust -value addition.

    •socially fair and ethically correct -e:ual opportunities.

    Ine:uality is definite in the situation "here the lender is

    guaranteed a positive return "ithout assuming any share of

    the borro"er$s risk "hereas the borro"er takes upon

    himself all sorts of risks in addition to his skills and labor

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    , %he prohibition of interest based

    transactions

    8iba violates the principle of property rights

    (oney lent on interest is used either productively that it

    creates additional "ealth or other"ise When money used

    -together "ith labor and entrepreneurial skills. to produce

    additional "ealth* such money lent cannot have any

    property rights claim to the incremental "ealth becausethere "as no prior bargain over it Instead =interest$*

    demanded a guaranteed return regardless of the enterprise

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    , %he prohibition of interest based

    transactions

    Promotion of profit>and>risk>sharing

    %he sharing of risks and uncertainties of the enterprise is

    fundamental to Shariah contracts Shariah condemns theact of guaranteeing -even by the entrepreneur. to restore

    the invested funds intact

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    , %he prohibition of interest based

    transactionsLending is a virtuous act

    Lending should be a generous act If money is needed

    other than for commercial purposes -thus* risksharing.*

    such need should not be exploited "here the borro"er is

    put under undue burden

     #llah says in ?uran 9

    Who is he that "ill lend unto #llah a goodly loan* that 4e

    may double it for him or his may be a rich re"ard@-176,,.

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    & #voidance of speculations -+harar.

    • Aefinition of +harar 

     #n Islamic finance term describing a risky or

    ha/ardous sale* "here details concerning the

    sale item are unkno"n or uncertain +harar is

    generally prohibited under Islam* "hich explicitly

    forbids trades that are considered to have

    excessive risk due to uncertainty

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    & #voidance of speculations -+harar.

    • (ost of the Islamic scholars vie" +harar as =bothignorance of the material attributes of the sub)ect

    matter of a sale and also uncertainty regarding its

    availability and existence

    • (a)ority of derivative contracts are forbidden and

    considered invalid because of the uncertainty involved

    in the future delivery of the underlying asset such as

    for"ards* futures and options* short selling* and

    speculation

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    & #voidance of speculations -+harar.

    +harar is prevented "hen transactions are

    transparent "ith6

    •all details agreed in advance and

    •o"nership undisputed

    4o"ever* +harar may be tolerated if there is animportant (aslahah or public benefit

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    & #voidance of speculations -+harar.

    • Preventable uncertainty is present in any contract

    sub)ect to risks in the ordinary course of business

    Istisna or salam contracts

    • Prohibition of +harar is indirectly a risk management

    techni:ue in Islam therefore encouraging the exercise of

    due diligence and avoidance of contracts "ith high

    degree of information inconsistency "ith high turnover

    • %reating +harar as risk has its penalties ie trading of

    risks therefore is prohibited "here the traded risks may

    have been transferable in derivative format

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    ' #voidance of oppression -/ulm.

    • Dulm refers to all form of ine:uity* in)ustice* exploitation*

    oppression and "rong doing

    •  # person either deprives others of their rights or does not

    fulfill his obligations to"ards them•  Dulm also refers to trading in matters "hich are prohibited

    -haram. under Shariah such as6>

    a alcoholic drinks3beverages and

    b non halal poultry3meat* pork

    •  #n extension of the social )ustice and fair economics

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    %he functions and operating

    modes of Islamic banks are

    based on the principles of

    Islamic Shariah

    Conventional banks

    %he functions and operating

    modes of conventional

    banks are based on fully

    manmade principles

    -capitalism theory.

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    It promotes risk sharing

    bet"een provider of capital

    -investor. and the user of

    funds -entrepreneur.

    Conventional banks

    %he investor3lender is

    guaranteed of a

    predetermined rate of

    interest or returns

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    It also aims at maximi/ing

    profit but sub)ect to Shariah

    restrictions

    Conventional banks

    !nrestricted profit

    maximi/ation illustrated by

    derivatives trading* deposit

    multiplication* etc

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    In the modern Islamic

    banking system* it has

    become one of the service>

    oriented functions of the

    Islamic banks to be a Dakat

    collection centre and they

    also pay out their Dakat

    Conventional banks

    Conventional banks do offer

    the service of Dakat

    deduction but the depositors

    are reluctant to pay Dakat

    from their accounts in

    conventional banks

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    Participation in partnership

    business is the fundamental

    function of the Islamic

    banks

    Conventional banks

    Lending money and getting

    it back "ith compounding

    interest is the fundamental

    function of the conventional

    banks (oney is a

    commodity and the

    motivation

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    Islamic banks have no

    provision to charge any

    extra money from the

    defaulters except for

    compensation and is used

    for charitable purposes

    Conventional banks

    It can charge additional

    money -penalty and

    compounded interest. in

    case of defaults

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    Importance is given to the

    public interest or maslahah

    Its ultimate aim is to ensure

    gro"th "ith fairness

    Conventional banks

    Banks interest is the main

    ob)ective It makes no effort

    to ensure gro"th "ith e:uity

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    2or the Islamic banks* it

    must be based on a Shariah

    approved underlying

    transaction

    Conventional banks

    Interest>based commercial

    banks don$t care about the

    activities being performed

    "ith their financing

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    Since it shares profit and

    loss* the Islamic banks pay

    greater attention to

    developing pro)ect appraisaland evaluations

    Conventional banks

    Since income from the

    advances3loans is fixed* it

    gives little importance to

    developing expertise in

    pro)ect appraisal and

    evaluations 8isks are

    transferable at a price

    -insurance.

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    +reater emphasis on the

    viability of the pro)ects

    Conventional banks

    %he conventional banks give

    greater emphasis on

    credit"orthiness of the

    clients

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    Comparison of Islamic "ith

    Conventional Banks

    Islamic banks

    Islamic bank can only

    guarantee deposits for

    deposit account* "hich isbased on the principle of al>

    "adiah* thus the depositors

    are guaranteed repayment of

    their funds* ho"ever if the

    account is based on the(udarabah concept* client

    have to share in a loss

    position

    Conventional banks

     # conventional bank has to

    guarantee all its deposits

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    0 Introduction of Islamic tax -/akat.

    • Islamic banks perform as their obligatory duty to take

    care of the "hole system of Dakat as its principal

    religious liability* and they pay Dakat themselves as "ell

    • Eaturally Islamic banks "ill be trusted more than the

    conventional banks to perform this )ob

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    • Islamic banks "ill make sure that funds are used

    only in Sharia approved economic activities* eg

    businesses of alcoholic goods* narcotics* haram

    meat* pork* casinos* and prostitutions* etc

    1 2inancing of Sharia #pproved

    activities

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    Islamic (odes of 2inancing

    Participatory (odes, (udarabah

    & (usharakah

    Sale (odes, (urabaha

    & Salam and parallel salam

    ' Istisna and parallel Istisna

    8ent based (odes

    , I)arah

    & I)arah "a I:tina

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    Summary of the Lecture

    In this lecture "e covered the follo"ing topics

    •+overning principles of Islamic banking

    •Comparison of Islamic and conventional banking

    practices

    • # brief introduction of Islamic modes of financing