Islamic bankig sir aman ullah

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1 Name Roll No Marium Burki 461 Saima Burki 460 Zoya Ali 463 Rida Farooq Sehrish Jabeen 452 Asima Sadia Gul 451 Islamic Banking The project is about Islamic economy and financial system Sir Aman ullah Khattak 5/4/2011

Transcript of Islamic bankig sir aman ullah

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1

Name Roll No

Marium Burki 461

Saima Burki 460

Zoya Ali 463

Rida Farooq

Sehrish Jabeen 452

Asima Sadia Gul 451

Islamic Banking

The project is about Islamic economy and financial system

Sir Aman ullah Khattak

5/4/2011

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2 Department of Business Administration, Gomal University Dera Ismail Khan

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3 Department of Business Administration, Gomal University Dera Ismail Khan

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Islamic   Economics System

Islamic economics refers to the body of Islamic

studies literature that "identifies and promotes an economic order that conforms to

Islamic scripture and traditions," and in the economic world an interest-free Islamic

banking system, grounded in Sharia's condemnation of interest (Riba). The literature

originated in "the late 1940s, and especially" after "the mid-1960s. The banking system

developed during the 1970s. Islamic economic literatures central features have been

called "behavioral norms" derived from the Quran and Sunna, zakat tax as the basis of

Islamic fiscal policy and prohibition of interest.

Islamist movements and authors generally describe an Islamic

economic system as neither Socialist nor Capitalist, but a "third way" with none of the

drawbacks of the other two systems.

Introduction

During the Islamic Golden Age, early forms of proto-

capitalism and free markets were present in the Caliphate,where an early market

economy and an early form of mercantilism were developed between the 8th-12th

centuries, which some refer to as "Islamic capitalism".The monetary economy of the

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period was based on the widely circulated currency the dinar, and it tied together

regions that were previously economically independent.

A number of economic concepts and techniques were applied in early

Islamic banking, including bills of exchange, partnership (mufawada) such as limited

partnerships (mudaraba), and forms of capital (al-mal), capital accumulation

(nama al-mal), cheques, promissory notes, trusts (Waqf), transactional accounts,

loaning, ledgers and assignments.]Organizational enterprises independent from

the state also existed in the medieval Islamic world, while the agency institution was

also introduced during that time.Many of these early capitalist concepts were adopted

and further advanced in medieval Europe from the 13th century onwards.

History Traditional Islamic concepts having to do with economics included

zakat   - the "taxing of certain goods, such as harvest, with an eye to allocating

these taxes to expenditures that are also explicitly defined, such as aid to the

needy."

Gharar   - "the interdiction of chance ... that is, of the presence of any element of

uncertainty, in a contract (which excludes not only insurance but also the lending of

money without participation in the risks)"

Riba   - "referred to as usury (modern Islamic economist have consensus that it

does not refer to usury only rather Riba is any kind of interest)"

These concepts, like others in Islamic law, came from the "prescriptions, anecdotes,

examples, and words of Muhammad, all gathered together and systematized by

commentators according to an inductive, casuistic method. Sometimes other sources

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such as al-urf, (the custom), al-aql (reason) or al-ijma (consensus of the jurists) were

employed.

In addition, Islamic law has developed areas of law that correspond to secular laws

of contracts and torts.

Early reforms under Islam

Some argue early Islamic theory and practice formed a "coherent"

economic system with "a blueprint for a new order in society, in which all participants would be

treated more fairly". Michael Bonner, for example, has written that an "economy of poverty"

prevailed in Islam until 13th and 14th century. Under this system God's guidance made sure the

flow of money and goods was "purified" by being channeled from those who had much of it to

those who had little by encouraging zakat (tax) and discouraging riba (usury/interest) on loans.

Bonner maintains Muhammad also helped poor traders by allowing only tents, not permanent

buildings in the market of Medina, and not charging fees and rents there.

Riba

The word "Riba" means excess, increase or addition, which

according to Shariah terminology, implies any excess compensation without due

consideration (consideration does not include time value of money). The definition

of riba in classical Islamic jurisprudence was "surplus value without counterpart", or "to

ensure equivalency in real value", and that "numerical value was immaterial."

Applying interest was acceptable under some circumstances.

Currencies that were based on guarantees by a government to honor the stated value

(i.e. fiat currency) or based on other materials such as paper or base metals were

allowed to have interest applied to them. When base metal currencies were first

introduced in the Islamic world, the question of "paying a debt in a higher number of

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units of this fiat money being riba" was not relevant as the jurists only needed to be

concerned with the real value of money (determined by weight only) rather than the

numerical value. For example, it was acceptable for a loan of 1000 gold dinars to be

paid back as 1050 dinars of equal aggregate weight (i.e., the value in terms of weight

had to be same because all makes of coins did not carry exactly similar weight).

Modern Islamic banking

The early 1970s saw institutional involvement. The

Conference of the Finance Ministers of the Islamic Countries held in Karachi in 1970,

the Egyptian study in 1972, the First International Conference on Islamic Economics in

Mecca in 1976, and the International Economic Conference in London in 1977 were the

result of such involvement. The involvement of institutions and governments led to the

application of theory to practice and resulted in the establishment of the first interest-

free banks. The Islamic Development Bank, an inter-governmental bank established in

1975, was born of this process.

The first modern experiment with Islamic banking was

undertaken in Egypt under cover without projecting an Islamic image—for fear of being

seen as a manifestation of Islamic fundamentalism that was anathema to the political

regime.The pioneering effort, led by Ahmad Elnaggar, took the form of a savings bank

based on profit-sharing in the Egyptian town of Mit Ghamr in 1963. This experiment

lasted until 1967 (Ready 1981), by which time there were nine such banks in country.

In 1972, the Mit Ghamr Savings project became part of Nasr Social

Bank which, currently, is still in business in Egypt. In 1975, the Islamic Development

Bank was set-up with the mission to provide funding to projects in the member

countries. The first modern commercial Islamic bank, Dubai Islamic Bank, opened its

doors in 1975. In the early years, the products offered were basic and strongly founded

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on conventional banking products, but in the last few years the industry is starting to see

strong development in new products and services.

Islamic Banking is growing at a rate of 10-15% per year and with

signs of consistent future growth. Islamic banks have more than 300 institutions spread

over 51 countries, including the United States through companies such as the Michigan-

based University Bank, as well as an additional 250 mutual funds that comply with

Islamic principles. It is estimated that overUS$822 billion worldwide sharia-compliant

assets are managed according to Economist. This represents approximately 0.5% of total

world estimated assets as of 2005. According to CIMB Group Holdings, Islamic finance

is the fastest-growing segment of the global financial system and sales of Islamic bonds

may rise by 24 percent to $25 billion in 2010.

Largest Islamic banks

In 2009 Iranian banks accounted for about 40

percent of total assets of the world's top 100

Islamic banks. Bank Melli Iran, with assets of

$45.5 billion came first, followed by Saudi

Arabia's Al Rajhi Bank, Bank Mellat with $39.7 billion and Bank Saderat Iran with $39.3

billion. Iran holds the world's largest level of Islamic finance assets valued at $235.3bn

which is more than double the next country in the ranking with $92bn. Six out of ten top

Islamic banks in the world are Iranian. In November 2010, The Banker published its

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latest authoritative list of the Top 500 Islamic Finance Institutions with Iran topping the

list. Seven out of ten top Islamic banks in the world are Iranian according to the list.

Fundamentals of Islamic finance

The term “Islamic banking” refers to a system of banking or

banking activity that is consistent with Islamic law (Shariah) principles and guided by

Islamic economics. In particular, Islamic law prohibits usury, the collection and payment

of interest, also commonly called riba in Islamic discourse. In addition, Islamic law

prohibits investing in businesses that are considered unlawful, or haraam (such as

businesses that sell alcohol or pork, or businesses that produce media such as gossip

columns or pornography, which are contrary to Islamic values). In the late 20th century,

a number of Islamic banks were created to cater to this particular banking market.

Usury in Islam

The criticism of usury in Islam was well established during the

Prophet Muhammad life and reinforced by several of verses in the Qur’an dating back to

around 600 AD. The original word used for usury was Riba, which literally means

“excess or addition”. This was accepted to refer directly to interest on loans , according

to Islamic economists by the time of Caliph Umar, the prohibition of interest was a well-

established working principle integrated into the Islamic economic system. This

interpretation of usury has not been universally accepted or applied in the Islamic world.

Principles of Islamic Banks

Islamic banking has the same purpose as conventional banking except

that it operates in accordance with the rules of Shariah, known as Fiqh al-

Muamalat (Islamic rules on transactions).

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Prohibition of   riba

The basic principle of Islamic banking is the sharing of profit and loss and the

prohibition of riba (usury). Common terms used in Islamic banking include profit

sharing (Mudharabah), safekeeping (Wadiah), joint venture (Musharakah), cost plus

(Murabahah), and leasing (Ijara).

Murabaha & EIjara wa EIqtina

In an Islamic mortgage transaction, instead of loaning the buyer

money to purchase the item, a bank might buy the item itself from the seller, and re-sell

it to the buyer at a profit, while allowing the buyer to pay the bank in installments.

However, the bank's profit cannot be made explicit and therefore there are no additional

penalties for late payment. In order to protect itself against default, the bank asks for

strict collateral. The goods or land is registered to the name of the buyer from the start

of the transaction. This arrangement is called Murabaha. Another approach is EIjara wa

EIqtina, which is similar to real estate leasing. Islamic banks handle loans for vehicles in

a similar way (selling the vehicle at a higher-than-market price to the debtor and then

retaining ownership of the vehicle until the loan is paid).

Musharaka al-Mutanaqisa

An innovative approach applied by some banks for home loans,

called Musharaka al-Mutanaqisa, allows for a floating rate in the form of rental. The

bank and borrower form a partnership entity, both providing capital at an agreed

percentage to purchase the property. The partnership entity then rents out the property

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to the borrower and charges rent. The bank and the borrower will then share the

proceeds from this rent based on the current equity share of the partnership. At the

same time, the borrower in the partnership entity also buys the bank's share of the

property at agreed installments until the full equity is transferred to the borrower and the

partnership is ended. If default occurs, both the bank and the borrower receive a

proportion of the proceeds from the sale of the property based on each party's current

equity. This method allows for floating rates according to the current market rate such

as the BLR (base lending rate), especially in a dual-banking system like in Malaysia.

Mudaraba

Mudaraba is venture capital funding of an entrepreneur who

provides labor while financing is provided by the bank so that both profit and risk are

shared. Such participatory arrangements between capital and labor reflect the Islamic

view that the borrower must not bear all the risk/cost of a failure, resulting in a balanced

distribution of income and not allowing lender to monopolize the economy.

Islamic banking is restricted to Islamically acceptable

transactions, which exclude those involving alcohol, pork, gambling, etc. The aim of this

is to engage in only ethical investing, and moral purchasing Islamic Banking and

Finance Database provides more information on the subject.

Islamic banks have grown recently in the Muslim world but are a very

small share of the global banking system. Micro-lending institutions founded by

Muslims, notably Grameen Bank, use conventional lending practices and are popular in

some Muslim nations, especially Bangladesh, but some do not consider them true

Islamic banking. However, Muhammad Yunus, the founder of Grameen Bank and

microfinance banking, and other supporters of microfinance, argue that the lack

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of collateral and lack of excessive interest in micro-lending is consistent with the Islamic

prohibition of usury(riba).

Bai' al 'inah (sale and buy-back agreement)

Bai' al inah is a financing facility with the underlying buy and

sell transactions between the financier and the customer. The financier buys an asset

from the customer on spot basis. The price paid by the financier constitutes the

disbursement under the facility. Subsequently the asset is sold to the customer on a

deferred-payment basis and the price is payable in installments. The second sale

serves to create the obligation on the part of the customer under the facility. There are

differences of opinion amongst the scholars on the permissibility of Bai' al 'inah,

however this is practised in Malaysia.

Bai' bithaman ajil (deferred payment sale)

This concept refers to the sale of goods on a deferred payment basis at a price, which

includes a profit margin agreed to by both parties. Like Bai' al 'inah, this concept is also

used under an Islamic financing facility. Interest payment can be avoided as the

customer is paying the sale price which is not the same as interest charged on a loan.

The problem here is that this includes linking two transactions in one which is forbidden

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in Islam. The common perception is that this is simply straightforward charging of

interest disguised as a sale.

Bai' muajjal (credit sale)

Literally bai' muajjal means a credit sale. Technically, it is a

financing technique adopted by Islamic banks that takes the form of murabahah muajjal.

It is a contract in which the bank earns a profit margin on the purchase price and allows

the buyer to pay the price of the commodity at a future date in a lump sum or in

installments. It has to expressly mention cost of the commodity and the margin of profit

is mutually agreed. The price fixed for the commodity in such a transaction can be the

same as the spot price or higher or lower than the spot price. Bai' muajjal is also called

a deferred-payment sale. However, one of the essential descriptions of riba is an

unjustified delay in payment or either increasing or decreasing the price if the payment

is immediate or delayed.

Musharakah

Musharakah (joint venture) is an agreement between two

or more partners, whereby each partner provides funds to be used in a venture. Profits

made are shared between the partners according to the invested capital. In case of

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loss, each partner loses capital in the same ratio. If the Bank provides capital, the same

conditions apply. It is this financial risk, according to the Shariah, that justifies the bank's

claim to part of the profit. Each partner may or may not participate in carrying out the

business. A working partner gets a greater profit share compared to a sleeping (non-

working) partner. The difference between Musharaka and Madharaba is that, in

Musharaka, each partner contributes some capital, whereas in Madharaba, one partner,

e.g. A financial institution, provides all the capital and the other partner, the

entrepreneur, provides no capital. Note that Musharaka and Madharaba commonly

overlap.[34]

Musawamah

Musawamah is the negotiation of a selling price between two

parties without reference by the seller to either costs or asking price. While the seller

may or may not have full knowledge of the cost of the item being negotiated, they are

under no obligation to reveal these costs as part of the negotiation process. This

difference in obligation by the seller is the key distinction between Murabaha and

Musawamah with all other rules as described in Murabaha remaining the same.

Musawamah is the most common type of trading negotiation seen in Islamic commerce.

Bai salam

Bai salam means a contract in which advance payment is made for goods to be

delivered later on. The seller undertakes to supply some specific goods to the buyer at a

future date in exchange of an advance price fully paid at the time of contract. It is

necessary that the quality of the commodity intended to be purchased is fully specified

leaving no ambiguity leading to dispute. The objects of this sale are goods and cannot

be gold, silver, or currencies based on these metals. Barring this, Bai Salam covers

almost everything that is capable of being definitely described as to quantity, quality,

and workmanship.

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Hibah (gift)

This is a token given voluntarily by a debtor to a debitor in return for

a loan. Hibah usually arises in practice when Islamic banks voluntarily pay their

customers a 'gift' on savings account balances, representing a portion of the profit made

by using those savings account balances in other activities.

It is important to note that while it appears similar to interest, and may, in effect, have

the same outcome, Hibah is a voluntary payment made (or not made) at the bank's

discretion, and cannot be 'guaranteed.' However, the opportunity of receiving high

Hibah will draw in customers' savings, providing the bank with capital necessary to

create its profits; if the ventures are profitable, then some of those profits may be gifted

back to its customers as Hibah.

Ijarah

Ijarah means lease, rent or wage. Generally, Ijarah concept means

selling the benefit of use or service for a fixed price or wage. Under this concept, the

Bank makes available to the customer the use of service of assets / equipments such

as plant, office automation, motor vehicle for a fixed period and price.

Advantages of Ijarah

Ijarah provides the following advantages to the Lessee:

Ijarah conserves the Lessee' capital since it allows up to 100% financing.

Ijarah gives the Lessee the right to access the equipment on payment of the first

installment. This is important as it is the access and use (and not ownership) of

equipment that generates income.

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Ijarah arrangements aid corporate planning and budgeting by allowing the

negotiation of flexible terms

Ijarah is not considered Debt Financing so it does not appear on the Lessee'

Balance Sheet as a Liability. This method of "off-balance-sheet" financing means

that it is not included in the Debt Ratios used by bankers to determine financing

limits. This allows the Lessee to enter into other lease financing arrangements

without impacting his overall debt rating.

All payments towards Ijarah contracts are treated as operating expenses and are

therefore fully tax-deductible. Leasing thus offers tax-advantages to for-profit

operations.

Many types of equipment (i.e computers) become obsolete before the end of

their actual economic life. Ijarah contracts allow the transfer of risk from the

Lesse to the Lessor in exchange for a higher lease rate. This higher rate can be

viewed as insurance against obsolescence.

If the equipment is used for a relatively short period of time, it may be more

profitable to lease than to buy.

Qard hassan/ Qardul hassan (good loan/benevolent loan)

This is a loan extended on a goodwill basis, and the debtor is only

required to repay the amount borrowed. However, the debtor may, at his or her

discretion, pay an extra amount beyond the principal amount of the loan (without

promising it) as a token of appreciation to the creditor. In the case that the debtor does

not pay an extra amount to the creditor, this transaction is a true interest-free loan.

Some Muslims consider this to be the only type of loan that does not violate the

prohibition on riba, since it is the one type of loan that truly does not compensate the

creditor for the time value of money.[36]

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Sukuk (Islamic bonds)

Sukuk is the Arabic name for financial certificates that are the Islamic

equivalent of bonds. However, fixed-income, interest-bearing bonds are not permissible

in Islam. Hence, Sukuk are securities that comply with the Islamic law (Shariah) and its

investment principles, which prohibit the charging or paying of interest. Financial assets

that comply with the Islamic law can be classified in accordance with their tradability and

non-tradability in the secondary markets.

Takaful (Islamic insurance)

Takaful is an alternative form of cover that a Muslim can avail himself

against the risk of loss due to misfortunes. Takaful is based on the idea that what is

uncertain with respect to an individual may cease to be uncertain with respect to a very

large number of similar individuals. Insurance by combining the risks of many people

enables each individual to enjoy the advantage provided by the law of large numbers.

See Takaful for details.

Wadiah (safekeeping)

In Wadiah, a bank is deemed as a keeper and trustee of funds. A person deposits

funds in the bank and the bank guarantees refund of the entire amount of the deposit, or

any part of the outstanding amount, when the depositor demands it. The depositor, at

the bank's discretion, may be rewarded with Hibah (see above) as a form of

appreciation for the use of funds by the bank. and is growing by 12–15% per annum.

With the continuous interest in the Islamic financial system, there are positive signs that

more funds will be launched. Some Western majors have just joined the fray or are

thinking of launching similar Islamic equity products.

With help of Bahrain-based International Islamic Financial Market and New York-

based International Swaps and Derivatives Association, global standards for

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Islamic derivatives were set in 2010. The “Hedging Master Agreement” provides a

structure under which institutions can trade derivatives such as profit-rate and currency

swaps.

Some Islamic banks charge for the time value of money, the common economic

definition of Interest (Riba). These institutions are criticized in some quarters of the

Muslim community for their lack of strict adherence to Sharia.

The majority of Islamic banking clients are found in the

Gulf states and in developed countries. With 60% of Muslims living in poverty, Islamic

banking is of little benefit to the general population. The majority of financial institutions

that offer Islamic banking services are majority owned by Non-Muslims. With Muslims

working within these organizations being employed in the marketing of these services

and having little input into the actual day to day management, the veracity of these

institutions and their services are viewed with suspicion. One Malaysian Bank offering

Islamic based investment funds was found to have the majority of these funds invested

in the gaming industry; the managers administering these funds were non Muslim.[40] These types of stories contribute to the general impression within the Muslim

populace that Islamic banking is simply another means for banks to increase profits

through growth of deposits and that only the rich derive benefits from implementation of

Islamic Banking principles.

Hence, the controversy that surrounds Islamic Banking continues. Is Islamic Banking

really Islamic? This is a question that still is a matter of debate among the Muslim

academia.

In Korea a proposal to open the country to Islamic Banking has been controversial.

According to some estimates more than 100 financial institutions in over 45 countries

practice some form of Islamic finance, and the industry has been growing at a rate of

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more than 15 percent annually for the past five years. The market’s current annual

turnover is estimated to be $70 billion, compared with a mere $5 billion in 1985, and is

projected to hit the $100 billion mark by the turn of the century.The growth in Islamic

finance initially coincided with the current account surpluses of oil-exporting Islamic

countries.But its continued growth in the face of eroding oil revenues reflects the

influence of other factors, such as the desire for sociopolitical and economic systems

based on Islamic principles and a stronger Islamic identity. In addition, the introduction

of broad macroeconomic and structural reforms—in financial systems, the liberalization

of capital movements, privatization, and the global integration of financial markets have

paved the way for the expansion of Islamic finance.

What is Islamic finance?

Islamic finance was practiced predominantly in the Muslim

world throughout the Middle Ages, fostering trade and business activities with the

development of credit. In Spain and the Mediterranean and Balticstates, Islamic

merchants became indispensable middlemen for trading activities.In fact, many

concepts, techniques, and instruments of Islamic finance were lateradopted by

European financiers and businessmen.

In contrast, the term “Islamic financial system” is relatively new,

appearing only in the mid-1980s. In fact, all the earlier references to commercial or

mercantile activities conforming to Islamic principles were made under the umbrella of

either “interest- free” or “Islamic” banking. However, describing the Islamic financial

system simply as “interest-free” does not provide a true picture of the system as a

whole. Undoubtedly, prohibiting the receipt and payment of interest is the nucleus of the

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system, but it is supported by other principles of Islamic doctrine advocating risk

sharing, individuals’ rights and duties, property rights, and the sanctity of contracts.

Similarly, the Islamic financial system is not limited to banking but covers capital

formation, capital markets, and all types of financial intermediation.

Interpreting the system as “interest free” tends to create

confusion. The philosophical foundation of an Islamic financial system goes beyond the

interaction of factors of production and economic behavior. Whereas the conventional

financial system focuses primarily on the economic and financial aspects of

transactions, the Islamic system places equal emphasis on the ethical, moral, social,

and religious dimensions, to enhance equality and fairness for the good of society as a

whole. The system can be fully appreciated only in the context of Islam’s teachings on

the work ethic, wealth distribution, social and economic justice, and the role of the state.

The Islamic financial system is founded on the absolute prohibition of the payment or

receipt of any predetermined, guaranteed rate of return. This closes the door to the

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concept of interest and precludes the use of debt-based instruments. The system

encourages risk-sharing, promotes entrepreneurship, discourages speculative behavior,

and emphasizes the sanctity of contracts.

An Islamic financial system can be expected to be stable owing to the

elimination of debt-financing and enhanced allocation efficiency. A “two-window” model

for Islamic financial intermediaries has been suggested in which demand deposits are

backed 100 percent by reserves, and investment deposits are accepted purely on an

equity-sharing basis. Analytical models demonstrate that such a system will be stable

since the term and structure of the liabilities and the assets are symmetrically matched

through profit-sharing arrangements, no fixed interest cost accrues, and refinancing

through debt is not possible. Allocation efficiency occurs because investment

alternatives are strictly selected based on their productivity and the expected rate of

return. Finally, entrepreneurship is encouraged as entrepreneurs compete to become

the agents for the suppliers of financial capital who, inturn, will closely scrutinize

projects and management teams.

Principles of Islamic finance system

The basic framework for an Islamic financial system is a set of rulesand laws,

collectively referred to as shariah, governing economic,social, political, and cultural

aspects of Islamic societies. Shariah originates from the rules dictated by the Quran and

its practices, and explanations rendered (more commonly known as Sunnah) by the

Prophet Muhammad. Further elaboration of the rules is provided by scholars in Islamic

jurisprudence within the framework of the Quran and Sunnah.

The basic principles of an Islamic financial system can be summarized as follows

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Prohibition of interest

Prohibition of riba, a term literally meaning “an excess” and

interpreted as “any unjustifiable increase of capital whether in loans or sales” is the

central tenet of the system. More precisely, any positive, fixed, predetermined rate tied

to the maturity and the amount of principal (i.e., guaranteed regardless of the

performance of the investment) is considered riba and is prohibited. The general

consensus among Islamic scholars is that riba covers not only usury but also the

charging of “interest” as widely practiced. This prohibition is based on arguments of

social justice, equality,and property rights. Islam encourages the earning of profits but

forbids the charging of interest because profits, determined ex post, symbolize

successful entrepreneurship and creation of additional wealth whereas interest,

determined ex ante, is a cost that is accrued irrespective of the outcome of business

operations and may not create wealth if there are business losses. Social justice

demands that borrowers and lenders share rewards as well as losses in an equitable

fashion and that the process of wealth accumulation and distribution in the economy be

fair and representative of true productivity.

Risk sharing

Because interest is prohibited, suppliers of funds become investors instead

of creditors. The provider of financial capital and the entrepreneur share business risks

in return for shares of the profits.

Money as “potential” capital

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Money is treated as “potential “capital—that is, it becomes actual capital only when it

joins hands with other resources to undertake a productive activity. Islam recognizes the

time value of money, but only when it acts as capital, not when it is “potential” capital.

Prohibition of speculative behavior

An Islamic financial system discourages hoarding and prohibits transactions featuring

extreme uncertainties, gambling, and risks.

Sanctity of contracts

Islam upholds contractual obligations and the disclosure of information as a sacred

duty. This feature is intended to reduce the risk of asymmetric information and moral

hazard.

Shariah-approved activities

Only those business activities that do not violate the rules of shariah qualify for

investment. For example,any investment in businesses dealing with alcohol, gambling,

and casinos would be prohibited.

Market trends

Banking is the most developed part of the Islamic financial system.

The state constitutions of Iran and Pakistan, for example, require their banking systems

to be fully compatible with Islamic law. In Egypt, Indonesia, Malaysia, Sudan, and the

Gulf Cooperation Council (GCC) countries, Islamic banking exists alongside

conventional banking. Islamic banking is currently practiced through two channels:

“specialized” Islamic banks and “Islamic windows.” Specialized Islamic banks are

23 Department of Business Administration, Gomal University Dera Ismail Khan

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commercial and investment banks, structured wholly on Islamic principles, and they

deal only with Islamic instruments.

Islamic windows are special facilities offered by conventional banks to

provide services to Muslims who wish to engage in Islamic banking. Both Western

banks and banks headquartered in Islamic countries provide Islamic windows.

Traditionally, specialized Islamic banks have been well positioned to attract deposits

from Muslims, but these institutions have generally lacked the technical ability to invest

efficiently. This gap has been bridged by the services of Western banks that swiftly and

efficiently deploy funds into Islamic ally acceptable channels. But this has often meant

lower returns for Islamic investors owing to the second layer of intermediation. This

trend is changing. Islamic banks are becoming resourceful and are going global, in part

owing to their increased integration with international markets. At the same time, aware

of the potential of Islamic markets, Western banks are reaching out to investors directly

and eliminating the middleman—the Islamic banks or Islamic windows of banks in

Muslim countries. For example, Citibank opened its first Islamic bank subsidiary in

Bahrain in 1996.

Historically, Islamic financial markets have lacked liquidity-enhancing

instruments, thus eliminating a large segment of potential investors. However, more

liquid instruments are emerging through securitization; Islamic funds, with a current

market size of $1 billion, represent the initial application of securitization (see table).

There are three types of Islamic funds: equity, commodity, and leasing. Equity funds,

the largest share of the Islamic funds market are the same as conventional mutual

funds but with an Islamic touch that requires a unique “filtration” process to select

appropriate shares. The filtration process ensures that the mode, operation, and capital

structure of each business the fund invests in are compatible with Islamic law,

eliminating companies engaged in prohibited activities and those whose capital

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Page 25: Islamic bankig sir aman ullah

structure relies heavily on debt financing (to avoid dealing with interest). For this reason,

companies with a negligible level of debt financing (10 percent or less) may be selected,

provided that the debt does not remain a permanent feature of the capital structure. The

future of Islamic equity funds is bright in part because of a new wave of privatization

under way in Muslim countries such as Egypt and Jordan, and in high-growth Islamic

countries such as Indonesia and Malaysia, where the demand for Islamic financial

products is growing rapidly. Commodity and leasing funds are other forms of Islamic

funds. Commodity funds invest in base metals. Leasing funds pool auto, equipment,

and aircraft leases and issue tradable certificates backed by the leases.International

and regional institutions are working with Islamic finance and are contemplating the

introduction of derivative products and syndication to enhance project finance. The

International Finance Corporation (IFC) has successfully executed several transactions

in the Middle East and Pakistan that conform to Islamic principles.

25 Department of Business Administration, Gomal University Dera Ismail Khan