In the name of Allah, the Most- Merciful, the Very-Merciful

Looking for New Steps in Islamic

Islamic banking industry has grown rapidly during the past three decades spreadi
ng its
operations in many parts of the globe. Making its first debut in the small Savin
gs Association
of Mitghamr (Egypt) in 1963, its strength has now reached over 250 financial ins
titutions
operating in more than 40 countries with assets valuing USD 750 billions, and an
annual
growth rate of 15 per cent. Almost all the giant conventional banks are in queue
to establish
their Islamic units to capture the new emerging market. This rapid growth of Isl
amic
financial industry is, no doubt, encouraging for those who wished to relieve the
mselves from
the prohibition of interest on the one hand and to remain a part of the modern m
arket
economy on the other. Now that a substantial period of more than three decades h
as passed
on the experience of Islamic Banks and Financial Institutions, it is imperative
to review what
they have achieved so far and what they have missed.
It is, no doubt, a great achievement of these institutions that they relieved th
e Muslims
from clear prohibition of riba, and came up with some alternatives that might be
adopted in
financial market without indulging in interest. In an atmosphere entirely domina
ted by
interest-based transactions, it was really a formidable task. I do not agree wit
h those who
criticize them on the basis of utopian idealism, and claim that they should have
brought an
immediate revolution in the entire pattern of the financial market and should, a
t the very
outset, have achieved the basic objectives of a true Islamic economy. This ideal
ism that
accepts no breathing space between 0% and 100% always tends to support 0% and to
maintain status quo in practical terms. Looking from practical aspect, it is alw
ays a wise
policy to start something that can be done in a given situation, even though it
is less
preferable from an idealistic approach. It was in this background that some inst
ruments of
lesser risk like murabahah, ijarah and diminishing musharakah etc. were allowed
by the
Shariah scholars. It is also wrong to say that these instruments have an element
of
camouflaged interest. In fact, if implemented with all their necessary condition
s that have
always been stressed upon by the Shariah scholars, they are substantially differ
ent from an
interest based financing. At the first place, all these instruments are based on
real assets, and
do not amount to trading in money and financial papers, which is the case in an
interest-
based financing. Secondly, unlike an interest-based transaction, the financier,
in each one of
these instruments, assumes the risk of real commodities, properties or equipment
s without
which the transactions cannot be valid in Shariah. Thirdly, these modes can be u
sed only to
finance a commercial activity that is permissible according to Islamic rules and
principles.
These basic distinguishing features are enough to draw a line of difference betw
een the two
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techniques of financing. Therefore, the notion that they are another form of int
erest is not
correct.
Having said this, one must not forget that these instruments are not modes of fi
nancing
in their origin. They are in fact some forms of trade that have been modified to
serve the
purpose of financing at initial stage as secondary and transitory measures. Sinc
e they are
modified versions of certain forms of trade, they are subject to strict conditio
ns and cannot
be used as alternatives for interest-based transactions in all respects. And sin
ce they are
secondary and transitory measures, they cannot be taken as final goal of Islamic
Finance on
which Islamic Financial Institutions should sit content for all times to come. I
t is a matter of
concern for a student of Islamic finance, like me, that both these points are in
creasingly
neglected by the players in the field, and especially by the new-comers in the i
ndustry.
One should always differentiate between the transactions based on the original
philosophy of a particular system and the transactions resorted to in exceptiona
l situations on
the basis of need. The former ones represent the real concept of the system, whi
le the latter
ones do not. The original concept of Islamic financing is undoubtedly in favor o
f equity
participation rather than creation of debts, because it is only equity participa
tion that brings
an equitable and balanced distribution of wealth in the society. Debt-ridden eco
nomy, on
the other hand, tends to concentrate wealth in the hands of the rich, and create
s a bubble
economy which fuels inflation and brings many other social and economic evils.1
That is
why Islam has discouraged creation of debts, which should be resorted to in exce
ptional
situations only, and encouraged equity participation, which is the best way to a
just and
balanced distribution of the benefits of commercial activities. Out of innumerab
le
instructions given by Islamic resources to that effect, I would like to quote on
ly two
hand, the Holy Prophet has declared that Allah Almighty remains with trade- partn
ers (to
help and support them) unless one of them becomes dishonest to the other. 3 These
two
are more than sufficient to show Islamic attitude .
comments made by the Holy Prophet
towards debts as opposed to the equity participation.
In the light of the above, Islamic financial institutions have much to do before
they
achieve the desired objectives of a true Islamic economy. Although the trade-rel
ated
instruments like murabahah, ijarah etc. used by them in their operations, are no
t loans in
strict terms, yet they create debts on the basis of deferred sales or renting. A
s explained above,
debt-based instruments are not preferred ones, but they were suggested to be use
d as modes
of financing to start the wheel of interest-free financing, and to bring an inst
ant relief from
interest in an atmosphere that was not fully prepared for immediate switch over
to an equity-
based system. It was a sort of first aid provided to a patient before he may hav
e access to full
medical treatment. No one can deny the importance of measures taken as first aid
, but who
can claim that they are the final cure of the disease, or that no further treatm
ent is needed
after them? Pain-killers are necessary to give immediate relief, but they are no
t enough to
cure the deep-rooted ailments. The idea was that after starting their operations
on the basis
1 I have explained this aspect of debt-based economy in my book The Historical J
udgment On Interest.
2 Sahih-ul-Bukhari, Chapter10:149, Hadith no.832
3 Abu Dawood, Chapter 22:26, Hadith no. 3383
that, .
, the blessed wife of the Holy Prophet .
examples. It is reported by Sayyidah Aisha
On the other 2 used to seek refuge from indebtedness. .
during his prayer the Holy Prophet
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of these instruments, they should gradually proceed towards the ideal forms of I
slamic
finance.
Failure to abide by this idea has caused many problems resulting in total neglec
t of
equity-based financing. Despite the differences we have explained above between
interest and
these instruments, they have many similarities in the net result, especially bec
ause of the
benchmark used for their pricing. This has prompted Islamic Financial Institutio
ns to
compete with their conventional counterparts in all respects, and restrict thems
elves to the
debt-based products. In their zeal to compete conventional banks, they are tryin
g to invent
Shariah compliant counterparts for each and every financial product available in
conventional capitalist market, regardless of whether or not they are in consona
nce with the
ethos of Islamic economy. Instead of gradual progress towards equity, the tenden
cy is to
make maximum compromises to accommodate debt- related products matching with
practices of the conventional market. Even derivatives are being designed on the
basis of
Shariah compliant methods. If some products had to be equity based, they too were
equated in some way or the other with a fixed return debt. Sukuk was the best way
to
proceed towards equity, but in order to restrict the return of sukuk holders, a
threshold based
on Libor is applied after which the whole profit is given to a particular party
in the name of
incentive for good management. In many cases, it is not even mentioned that afte
r the fixed
rate the rest is incentive.
This situation needs serious consideration of the players in the field and of th
e Shariah
scholars who oversee the new products for Islamic financial Institution. Many co
nferences
and seminars are being held frequently to consider various aspects of Islamic fi
nance. I think
it is high time now to find out ways and means to make our products not only com
pliant
with, but also founded on Shariah. Our research should now focus on how we can m
ove
from debt-based to equity-based instruments in their true spirit, so that they m
ay
demonstrate the beauty of Islamic finance based on its economic ethos. No doubt,
there are
still some hurdles in their implementation, but they are not insurmountable for
an industry
that is growing so fast, if serious importance is attached to this vital issue,
which must be the
next topic of our discussion in a workshop devoted for this purpose. May Allah g
uide us all.
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