18 - (Iqbal, - Zamir - Mirakhor, - Abbas) - 2017 - Ethical Dimensions of Islamic Finance
18 - (Iqbal, - Zamir - Mirakhor, - Abbas) - 2017 - Ethical Dimensions of Islamic Finance
18 - (Iqbal, - Zamir - Mirakhor, - Abbas) - 2017 - Ethical Dimensions of Islamic Finance
ISLAMIC BANKING,
FINANCE, AND ECONOMICS
ETHICAL
DIMENSIONS OF
ISLAMIC FINANCE
Theory and Practice
Series Editors
Mehmet Asutay
Durham University
Durham, United Kingdom
Zamir Iqbal
Islamic Development Bank
Jeddah, Kingdom of Saudi Arabia
Jahangir Sultan
Bentley University
Boston, Massachusetts, USA
The aim of this series is to explore the various disciplines and sub-disciplines
of Islamic banking, finance and economics through the lens of theoretical,
practical, and empirical research. Monographs and edited collections in
this series will focus on key developments in the Islamic financial industry
as well as relevant contributions made to moral economy, innovations in
instruments, regulatory and supervisory issues, risk management, insur-
ance, and asset management. The scope of these books will set this series
apart from the competition by offering in-depth critical analyses of con-
ceptual, institutional, operational, and instrumental aspects of this emerg-
ing field. This series is expected to attract focused theoretical studies,
in-depth surveys of current practices, trends, and standards, and cutting-
edge empirical research.
Ethical Dimensions
of Islamic Finance
Theory and Practice
Zamir Iqbal Abbas Mirakhor
Islamic Development Bank INCEIF
Jeddah, Kingdom of Saudi Arabia Kuala Lumpur, Malaysia
This timely book reminds us all that in Islamic civilization finance was
never divorced from religious ethics going back to the Noble Quran itself
in which discussion of what is now known as finance and economics is
almost always combined with ethics. In fact, economics as a separate
“science” did not even appear in the numerous works in classical Arabic
and Persian dealing with the enumeration and classification of the sciences
from the works of al-Kindı̄ in the third/ninth century to those of Mullā
Ṣadrā composed over seven centuries later. The Greek word from which
the English term economics derives was translated as tadbı̄r al-manzil,
meaning management of the household, and the word for economics in
Arabic and Persian used today, that is, iqtiṣād, had a completely different
meaning in classical texts. The most famous classical Islamic work with this
term in its title, that is, al-Iqtisād fi’l-i‘tiqād by al-Ghazzālı̄, deals with
faith and theology and not with what we call economics today. From the
point of view of traditional Islamic thought, economics as an independent
science is not even considered as a legitimate intellectual discipline. Rather,
what is now called economics is part of the sciences of the Divine Law
(al-Sharı̄‘ah) and is inseparable from ethics.
In this context, it is important to recall that Khadı̄jah, the wife of the
Prophet, was a major businesswoman and that the Prophet himself was a
merchant in her employment before he was chosen by God as His mes-
senger. Consequently, in the Islamic world, the bazaar was always the part
of the city associated with religious devotion and bāzārı̄s were seen to be
especially imbued with piety. To this day, the Khānkhalı̄lı̄ bazaar in Cairo
is associated with the locus of religious fervor, and it is not accidental that
v
vi FOREWORD
the bazaar itself is located next to Ra’s al-Husayn, the religious heart of
Cairo. In this context, it is also worthwhile to remember the central role
of the Tehran and Qom bazaars in the Islamic Revolution in Iran led by
Ayatollah Khomeini and the close rapport between the ulamā with the
bazaar in that country.
In traditional Islamic society, financial and economic activities were
based on ethics derived from the Sharı̄‘ah, particularly the virtues of hon-
esty and trust with full attention paid to the Sharı̄‘ah categories of ḥalāl
and ḥarām. These realities persisted into modern times and, although
weakened, have not disappeared completely even now. I remember that
when I was a child the Tehran bazaar had people called “trusted ones”
(amı̄ns). Each evening, the amı̄ns would go from shop to shop in the
bazaar collecting big sacks full of money, which they would not even
count. The next morning, they would return each sack to its owner. There
was complete trust on behalf of everyone. To recreate Islamic finance in its
authentic sense, these virtues of trust and honesty have to be revived paral-
lel with the creation of contemporary financial norms and institutions
which, however, should not simply emulate secular Western economic and
financial structures and practices.
During the past few decades, “Islamic economics” has been one of the
central issues with which many Muslim scholars have been concerned and
on which numerous works have been written. Most of these works, how-
ever, have been concerned mostly with the question of ribā’ and how to
create a ribā’-free economy and even banking. Moreover, this concern has
been combined with the practical task of creating Islamic banks, a move-
ment that is spreading in many countries. But unfortunately only a few
scholars have addressed the deeper issues involved, such as the blind
acceptance of the secularized view of modern science that considers nature
as pure quantity devoid of any other value and the vision of man as a
purely earthly being whose only real needs are material. The Islamic view
of man and his real “needs” stands at the very antipode of the view of man
upon which modern economics is based. We need to develop a contempo-
rary Islamic economics and finance based on the Islamic understanding of
who man is, what the purpose of his life on earth is, and where he is going.
Dr. Zamir Iqbal and Dr. Abbas Mirakhor are eminently suited for tak-
ing steps in this direction and the present book is in fact an important step
on this path. Both men know Western economics well not only theoreti-
cally but also practically through their long association with such major
modern institutions as the World Bank and the International Monetary
FOREWORD
vii
Fund. They also know well Islamic teachings concerning economics and
finance. Moreover, they are not only nominally Muslim, but men of great
faith deeply rooted in the Islamic tradition both intellectually and in their
personal lives. And they are very aware of the current discussions about
Islamic economics as well as practices such as Islamic banking. Their work
thus marks an important addition to the field of Islamic economics and
finance. In this current atmosphere of chaos and confusion in so many
domains in the Islamic world, this work is a clarion call to clear, and at the
same time authentic, thinking and practice in a domain that is so impor-
tant to the life of Muslims today and will be so tomorrow.
I pray for their continued successful efforts in this important domain
and hope that this short but valuable book will be read widely in both the
West and the Islamic world especially by those who are seeking to recreate
an authentic Islamic economic order imbued with Islamic ethics and
spirituality and harmonious with the natural environment.
1 Ethics and Finance 1
1.1 Ethics and Economics and Finance 4
1.1.1 Frequent Financial Crises and Crimes 6
1.1.2 Expropriation of Value and Fair Valuation 8
1.1.3 Corporate Governance 9
1.1.4 Business Leadership10
1.1.5 Due Care, Honesty, and Transparency10
1.2 Moral Failure of Capitalism11
1.3 Financial Repression15
1.4 Case of Economic Crimes16
1.5 Summary20
References 22
ix
x Contents
Index189
List of Figures
xiii
List of Tables
xv
CHAPTER 1
Ethics and Finance
Discussing the role of morals and ethics in economics and finance is not
new but several developments can be attributed to a renewed interest in
discussing the relevance of ethics to economics and finance.1 (See Box 1.1).
The financial crisis of 2007–2008 and its aftermath have led to a debate
about the need to consider the role of ethics and morality in the economic
and financial workings of contemporary capitalism.2 Financial scandals,
crimes, and unethical practices by financial institutions leading to financial
repression are being noticed. For example, research into the growth of
economic and financial crimes was focused on the impact of globalization
and the resulting economic changes, but gradually attention is being paid
to the most fundamental change—the erosion of morality. In addition,
repeated failure of governance, regulations, and accountability are consid-
ered a sign of deteriorating ethics in financial markets. Finally, new evi-
dence is emerging on a widening gap in income and wealth, and reduced
opportunities for poor to share growth and prosperity, which raises serious
ethical questions. All these developments call for a deeper understanding of
1
Hoepner and Wilson (2010) show that the annual number of publications indexed by
Factiva for the search words ‘Bank’ and ‘Ethics’ increased by 357.9 percent from 4164 in the
year 2000 to 19,069 in the year 2009. This indicates a sudden increase in the topic in the
post-financial crisis era.
2
See for example, the initiative “Citizen Ethics in a Time of Crisis” by Citizens Ethics
Network (2010).
the strong roots of ethics in finance, which has been mostly ignored or
underplayed by mainstream research.
Box 1.1: Key Factors for Renewed Interest in Ethics and Finance
First, repeated financial crises and especially the financial crisis of
2007–2008 have raised the question if such crises could have been
avoided if there were strong ethics embedded in financial transac-
tions, public policy, regulations, governance, and business leader-
ship. In addition, erosion of economic value and the social cost to
the society and especially to the poor is getting serious.
Second, widening income and wealth disparity and diminishing
opportunities for sharing growth and prosperity is viewed as an
inherent outcome of capitalism when ethics are compromised.
Third, financial scandals (e.g., Enron, Worldcom, LIBOR), finan-
cial failures (e.g., Lehman Brothers), financial crises, and financial
crimes have forced academia to question the very fundamental
assumptions, such as self-interest and rational expectations, underly-
ing modern economic thinking.
Fourth, while the issues relating to deficiencies in effective gover-
nance and regulations that govern financial intermediation and its
links to the financial crises have been the focus of a global policy and
academic debate, little has been done on the actual moral and ethical
aspects of the problems and how to deal with challenges of unethical
and immoral financial transactions that might be the seed of future
global financial turbulences and meltdowns.
Fifth, increased complexity of financial transactions and financial
markets, especially with the development of complex derivatives, has
also raised ethical issues. The complexity has blurred the issue of eth-
ics and has made it difficult to establish clear accountability for indi-
vidual or corporate actions.
Sixth, ethics and morals are becoming part of investment decision-
making for some groups of investors who are concerned about the
negative impact of ignoring ethical practices. As a result, ethical
investments or Socially Responsible Investments (SRIs) are growing.
Preference for ethical investments could have an impact on corpo-
rate behavior and on corporate stock prices, depending on actual or
perceived ethical or nonethical behavior.
(continued)
1 ETHICS AND FINANCE 3
3
Chapra (2008).
4
See Boulding et al. (1972).
5
Chapra (2008).
4 1 ETHICS AND FINANCE
6
Chapra (2008).
7
See Mirakhor and Alaabed (2013).
1.1 ETHICS AND ECONOMICS AND FINANCE 5
8
Dowd (2009) provides a detailed exposition of the involvement of moral hazard in the
recent financial crises.
1.1 ETHICS AND ECONOMICS AND FINANCE 7
the revelation of the extent of fraud and other financial and economic
crimes committed by financial institutions created intense moral outrage,
reverberating in the Occupy protest movement.9 Observers, such as
Stiglitz (2010a) and Zuboff (2009), have commented that reasons usually
given for the crisis such as deregulation, lack of oversight, and flawed
incentive structure that established a link between executive compensa-
tion, share prices, and shareholders value have merit.10 However, the most
important cause at the heart of the crisis was the terrifying moral break-
down. The apparent absence of moral compunction in finance and busi-
ness communities has been blamed on the dominant business model that
celebrates what is good for organization insiders while dehumanizing and
distancing everyone else.
It is the “narcissistic business model” that paved the way for thousands
of men and women entrusted with people’s economic well- being to sys-
tematically fail to meet minimum standard of moral behavior. Thus, in an
expression of moral outrage, Zuboff (2009) argued at its heart, what
drove the crisis was a sense of “remoteness and thoughtlessness com-
pounded by a widespread abrogation of individual moral judgment.” This
is promoted by the predominating “business model” that is characterized
by self-centeredness of its practitioners, who operate at an “emotional dis-
tance” from their victims and from the “poisonous consequences” of their
actions. It was this “narcissistic model” that “paved the way for a full-scale
administrative economic massacre…to the world’s dismay, thousands of
men and women entrusted with our economic well-being systematically
failed to meet…[a] minimum standard of civil behavior” that “says: you
can’t just blame the system for the bad things you’ve done.”11
9
Such as Occupy Wall Street movement after the financial crisis of 2007–2008.
10
See also Mirakhor and Alaabed (2013).
11
Zuboff (2009) found appropriate the philosopher Hanna Arendt’s formulation of “the
banality of evil” in her observation of Eichmann in his trial in Jerusalem. Arendt observed
that Eichman did not appear “perverted and sadistic,” but “terribly and terrifyingly normal”
(Arendt 2006). Accordingly, Eichmann was motivated by nothing except “an extraordinary
diligence in looking out for his personal advancement.” The same motivation animated the
practitioners of the “narcissistic business model” operative in the run-up to the crisis. Zuboff
argues that “the crisis has demonstrated that the banality of evil concealed within a widely
accepted business model can put the entire world and its people at risk.” She concludes that
“in the crisis of 2009 the mounting evidence of fraud, conflict of interest, indifference to
suffering, repudiation of responsibility and systemic absence of individual moral judgment
produced an administrative massacre of such proportion that it constitutes economic crime
against humanity.”
8 1 ETHICS AND FINANCE
There is evidence that business community has paid high costs for this
behavior. In an article in Harvard Business Review in 2011, Porter and
Kramer argued that in recent years “companies have been considered to an
increasingly large degree the cause of social, environmental and economic
problems.12 And a large proportion of the population believes that
companies have prospered at the expense of the community.” They
emphasized that “the legitimacy of business has fallen to levels never seen
in history.”
1.1.3 Corporate Governance
Corporate governance caught the attention of policymakers after the
Asian crisis of 1997–1998, and the issues were highlighted to strengthen
the governance and risk management framework. However, the current
financial crisis showed that although governance and risk management
frameworks were in place, they failed to deliver the promise of prevent-
ing a crisis before it erupted. Managers focused on short-term profit
generation, and the boards neglected their task of asking probing, tough
questions.
Although the role of the boards of financial institutions has increased
dramatically over the last decade, they have been criticized for being too
complacent and unable to prevent collapses. Weaknesses in safeguarding
against excessive risk-taking behavior in a number of financial services
companies were exposed during the subprime financial crisis. Again, the
shareholders’ trust in governance mechanisms and the role of the boards
suffered, and this had a negative impact on the value of equity.
Corporate governance brings in the ethical dimension of responsibility
and accountability of each stakeholder in the governance framework. This
is more critical in the financial industry, due to the trust placed on the
managers, the board, and other stakeholders by individual investors in
particular. A classic case of massive breach of trust is the case of Bernie
Madoff, who cheated his investors by operating a Ponzi scheme and was
able to hide the crime despite stronger controls imposed on the asset man-
agement business.
13
Fernandez (2017).
10 1 ETHICS AND FINANCE
1.1.4 Business Leadership
As mentioned earlier, the financial crisis highlighted the issue of a decline
in moral and ethical values in senior management, who seemed to care
more about circumventing regulatory constraints and finding loopholes in
the law than about morally correct behavior. Increasing greed and personal
empire-building became the norm on Wall Street, with little emphasis
being placed on producing moral and ethical business leaders.
Evidence from a survey of 401 chief financial officers (CFOs) reveals
that 78 percent of surveyed executives were willing to knowingly sacrifice
value to smooth earnings (Graham et al. 2005). Although several financial
scandals have made CFOs less willing to use accounting manipulations to
manage earnings, there is no check on their willingness to change the
operating decisions of the firm to destroy long-run value and support
short-run earnings targets, which raises serious concern about the inten-
tions and actions of business leaders.
One common trait observed in several of today’s business leaders of
financial institutions is arrogance, which can take several forms. For exam-
ple, the financial sector and its lobbyists are often accused of resisting any
substantial regulation that attempts to restrict their risky behavior. If one
believes the accusation of Nobel Laureate and professor Joseph Stiglitz
that the financial sector in the USA prefers to return to the golden (unreg-
ulated) days before the crisis, the world is in for another financial and
humanitarian catastrophe (Graafland and van de Ven 2011). Business
leaders are also accused of acting recklessly and with imprudence. Taking
excessive risks is a reflection of acting without prudence and probably for
self-interest rather than the larger interest of all stakeholders.
ethics training. This raises several serious issues. For example, have the
institutions developed these ethical policy statements and frameworks only
on paper, with no strict enforcement mechanism in place? Furthermore,
despite good intentions of the institutions, how does one develop the
moral character of the managers and employees so that they will comply
with the desirable ethical behavior of the institutions?
16
Schumpeter (1943).
1.2 MORAL FAILURE OF CAPITALISM 13
Piketty (2013).
17
19
Gresham’s law is a monetary principle stating that “bad money drives out good”.
1.3 FINANCIAL REPRESSION 15
20
Abdullah et al. (2015).
21
United Nations (2006), McAuley (2011).
22
Beloof et al. (2010).
1.4 CASE OF ECONOMIC CRIMES 17
23
Karstedt and Farrall (2007).
24
Serio (1998), United Nations (2006).
25
Holloway (1999), Porpora (2001), Kateb (2011).
26
Akinbo (2009).
27
Holloway (1999, p. 188).
18 1 ETHICS AND FINANCE
this evolution has been the changing focus from economic crime as
“victimless” to the recognition of its far reaching and adverse impact on a
broad spectrum of victims. In 1982, a leading American political scientist,
James Q. Wilson, advanced an idea that became known as the “broken
windows theory.” The metaphor argued that if a broken window in a
vacant building were left unrepaired, soon most of the windows of that
building would also be broken. The first unrepaired broken window sig-
nals that no one really cared about the building itself and its integrity.
Generalized, the idea suggests that tolerating crimes leads to epidemics
and, eventually, to social disintegration. Recently, William Black, the
author of The Best Way to Rob a Bank is to Own One, has contextualized
“the broken windows theory” to “elite white collar crime.” He suggests
that Wilson’s idea that “tolerating widespread smaller crimes would lead
to epidemic levels of larger crimes because it undermined community and
social restraint” has been proven by the “epidemics of elite white collar
crime that have driven our recurrent, intensifying financial crises.” He pre-
dicts: “Corruption that is excused and tolerated by elites is…likely to
spread in incidents and severity because it undermines community and the
rule of law. It is likely to grow more pervasive and harmful the more we
tolerate it.” Low tolerance for activities that would not appear very seri-
ous, such as consumer fraud, would soon create a Gresham’s effect “in
which businesses or CEO’s that cheat gain a competitive advantage and
bad ethics drives good ethics out of the market. These offenses degrade
ethics and erode peer restraints on misconduct.”
In the same year that Wilson advanced his theory of broken windows,
Tomlin suggested five basic typologies of victims of white collar crime: the
individual, corporate or business enterprise, governments, society, and the
“international order.” The consequences of the inability to deal with white
collar crimes, Tomlin (1982) suggested, were “…distrust of government
and other institutions, a damaging effect on the moral fabric of society,
and in the propensity of the populace to rationalize the existence of other
types of traditional crimes.” More than two decades later, these words
were echoed by the Governor of the Bank of Thailand (Deva Kula 2005)
when he asserted that the consequence of economic crime “go well beyond
the financial loss and the economic well-being of society and the country.”
The Governor argued: “What is more important than the economic well-
being is the feeling of living in a fair and just society. If drug lords continue
to live well on their ill-gotten wealth, corrupt politicians continue to exert
influence in the political arena, fraudulent bank executives continue to go
1.4 CASE OF ECONOMIC CRIMES 19
28
McCarthy (2011), Banuri and Eckel (2012).
29
Folsom (2007).
30
Krishnan (2011).
31
Akinbo (2009).
20 1 ETHICS AND FINANCE
Not long ago, it was assumed by social scientists and politicians that
some economic and financial crimes, such as corruption, were “develop-
ing country” phenomena. Researchers often considered corruption as a
deterrent to economic development of poor and middle-income countries
in that it was thought that corruption conditioned development and good
governance. As a result, indices of corruption were designed within this
axiomatic framework. As Ades and DiTella note, no society is immune to
corruption: “Governments of all political colors in countries of all levels of
wealth are affected by corruption scandals with a frequency and intensity
that seems to be always on the increase.”32 Specifically, they argue, Western
democracies can no longer have pretentions of immunity to corruption
they viewed as “aberrant” deviation from Western norms.33 Corruption, in
its broadest sense of abuse of public office, is an economic crime and as
such afflicts all societies.
1.5 Summary
Some scholars attribute the observed, widespread “moral anomie,” “moral
confusion,” and “moral failure” to massive changes resulting from global-
ization and rapid progress in information technology over the last few
decades. For some, these changes are not dissimilar to those that occurred
in Europe in the late seventeenth and eighteenth centuries. An important
consequence of these changes was the decoupling of morality from its
theological moorings. Subsequently, a new morality, a new “moral sense”
emerged anchored on the authority of society, self-love, moral sentiments,
and natural sympathy as its sources.34
At present, there is a growing general perception of a nexus between
the accelerating pace, and widening spectrum, of economic and financial
crimes—as well as Zuboff’s moral panic regarding the growing banality
of these crimes—and moral failure. This perception points to a need for
the emergence of a new global moral sense that would motivate strong
international cooperation and coordination to lead to collective action
that would motivate development of unified legislative, judicial, legal,
and other ways and means of preventing economic and financial crimes.
The new moral sense would have to satisfy, at least, the two requirements
32
Ades and DiTella (1997).
33
Ades and DiTella (1997, pp. 496–497).
34
Turco (2003).
1.5 SUMMARY 21
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Criminal Justice Assessment Toolkit, 4. Vienna: United Nations Office on Drugs
and Crime.
Zuboff, Shoshana. 2009. Wall Street’s Economic Crimes Against Humanity.
Businessweek, March 20. www.businessweek.com
CHAPTER 2
Morals, values, and ethics are related and are interlocking concepts.
Whereas morals refer to specific, articulated rules, values refer to the
underlying aesthetic valuation or determination of those rules, and eth-
ics refer to the practice of determining which rules should or should not
be adopted. For example, the moral “you should feed the hungry” could
be accompanied by the value “relieving suffering is good” and under-
pinned by an ethics that suggests that “those who have more than
enough should share with those that do not have enough.” The three
have something of a symbiotic relationship, which can lead to confusing
results if the purpose of one is obfuscated.
Ethics seek to develop moral conduct based on a set of values which
determines what is intrinsically right or wrong for a given society. How
these ethics are derived from the values is subject to diverse sources and
theories. Ethical behavior is also subject to factors such as stage of moral
development, personal morals and values, family influences, peer influ-
ences, and life experiences of individuals or societies.1 The study of ethics
can be sub-divided into three sub-domains—meta-ethics, normative eth-
ics, and applied ethics. Meta-ethics attempts to understand the metaphysi-
cal, epistemological, semantic, and psychological presuppositions and
pledges of moral thoughts and practices. Meta-ethics undertakes the study
of the linkages between beliefs, causes for action, and human motivation
to act right or wrong. Normative ethics generally exemplifies standard, or
rule, or principle, in opposition with what is “normal” for people to do, in
contrast with what they really do.2 Normative ethics is in relation with the
moral norms and a moral norm is a norm in the sense of being a regulator
with which moral agents should comply.3 Finally, applied ethics is used to
apply philosophical techniques to recognize the ethically correct course of
action in numerous domains of human life.
Before a theory of business ethics can be developed, it is critical to
form a perspective of a moral sense which can provide a philosophical
basis for ethical behavior. What values determine the moral sense and how
it affects the economic and business behavior is essential to understand.
Following section provides such a perspective from the history of eco-
nomics and raises the question if a universal moral principle can be derived
to formulate a theory of business ethics.
1
Rizk (2008).
2
Abbas et al. (2012).
3
Rawls (1971).
2.1 PERSPECTIVES ON MORAL SENSE 27
4
Mirakhor (2016) and Abdullah et al. (2015).
5
Seligman (1992, p. 25).
6
Seligman (1992, p. 25).
7
Seligman (1992, p. 25).
8
Seligman (1992, pp. 25–26).
9
Turco (2003, p. 138).
10
Adam Ferguson, cited in Seligman (1992, p. 27).
11
Turco (2003, p. 138).
12
Turco (2003, p. 145).
28 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
13
Turco (2003, p. 141).
14
Haakoson in Bradic, ed., (2003, p. 209).
15
Adam Smith (1982, p. 50), Seligman (1992, pp. 27–28), Evensky (2005), Weinstein
(2007), Beisner (2012).
16
Adam Smith (1982).
17
Robertson (1964). Earl of Shaftesbury. Cited in Turco (2003, p. 136).
18
Hutcheson (1725), cited in Turco (2003).
2.1 PERSPECTIVES ON MORAL SENSE 29
19
Geertz (1973).
20
Foucault (1973, p. 387). See also Robinow (1984).
21
Metcalf (2007).
22
Decades earlier Noam Chomsky (1974), had reached the same conclusion. He argued
that there must be a “mass of schematics, innate governing principles, which guide our social
and intellectual behavior…there is something biologically given, unchangeable, a foundation
for whatever it is that we do with our mental capacity.” Therefore, there must be a human
nature (Chomsky 1974, pp. 136–140). For Chomsky, “Unless there is some form of rela-
tively fixed human nature, true scientific understanding is impossible.” Robinow (1984,
p. 1). Some scholars go further to argue that humans have a moral conscious that “draws its
existence rather from that ethical totality which derives from the inner law of our being
permitting us to fulfill our entelechy, to become what we are, and what we dare not betray.
The moral conscious is that ontological truth of man’s nature, the microcosmic reflection of
the cosmic principle, the inner law of universe, which is the ethical demand we must have the
courage to face, naked and unafraid.” Anshen (1952, p. 3).
30 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
world as an arena of moral choices where human moral sense asserts itself
in daily life. Reflecting Adam Smith and Francis Hutcheson, Wilson con-
tends that “people have a natural moral sense” composed of sympathy,
fairness, self-control, and duty. These, he argues, make the moral sense
universal because they exist in various degrees in every culture. He notes
however that humanity “has a moral sense, but much of the time its reach
is short and its effect uncertain.” He warns that humans take centuries to
create a new culture of commitment to morality, but once created, such a
culture can be destroyed in “a few generations. And once destroyed, those
who suddenly realize what they have lost will also realize that political
action cannot, except at a very great price, restore it.”23
George Kateb, another contemporary scholar, echoes Wilson in his
book Human Dignity. He argues that morality needs no justification,
particularly “against relativists.” He considers relativism as meaning “that
there is no such a thing as morality; there are only different codes...
There are no principles of morality that are universally accepted or nearly
so, and there is no way of proving that one set of principles is correct
and other sets are mistaken.” In a counter-position, Kateb argues:
“There is sufficient continuity throughout recorded history in what
counts as fundamentally right or moral, despite differences in interpre-
tation and application.” Given the fact of wide acceptance of morality,
no proof is needed as “there can be no other proof of the validity of a
moral precept than the quite common and fairly steady acceptance of it
by people all over the world, for as long as there has been moral reflec-
tions…No transcendent instruction is needed: it is not even a question
of human discovery, but a sensitive awareness of the obvious that gradu-
ally accumulates adherence.”
Holloway suggests two conditions for such a moral principle. First it
should focus on preventing harm and second it must attract universal con-
sent. What is most relevant to this discussion is Kateb’s position: “Pain and
suffering are the central moral concern, and that efforts to prevent or
reduce it preoccupy moral agents. Yes, the center of morality is remedy,
where possible, for humanly caused suffering that seems needless and
dispossesses human beings of what is their desire or that neglects to pre-
serve them in it.”24 As we indicated earlier, enormous pain and suffering
are perpetrated upon victims of economic and financial crimes. The moral
23
Kimbal (1993), Raksin (1993).
24
Kateb (2011, p. 43).
2.2 SEARCH FOR A UNIVERSAL MORAL PRINCIPLE 31
25
Anshen (1952, p. xi).
26
MacIver (1952, p. 41).
27
MacIver (1952, pp. 41–42).
32 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
MacIver argued that the word “universal,” as he used it, “is one of
procedure. It describes a mode of behaving, not a goal of action. On the
level of goals, of final values, there is irreconcilable conflict.” Humans hold
different principles, which they wish to become universal and try to “con-
vert” others. “Others will certainly resist and some will seek to persuade us
in turn—why shouldn’t they? Then we go no further except by resort to
force and fraud. We can, if we are strong, dominate some and we can bribe
others. We compromise our own values in doing so and we do not in the
end succeed; even if we were masters of the whole world we could never
succeed in making our principle universal. We could only make it falsely
tyrannous.”28 How prophetic indeed when one considers the history of
imposition of standards, codes, and conventions designed unilaterally by
the rich and powerful and then “encouraged” on the rest of humanity to
sign on through sheer power, “bribes,” threats and intimidation. MacIver
appeals for adoption of a different strategy: “So if we look for a principle
in the name of which we can appeal to all men, one to which their reason
can respond in spite of their differences, we must follow another road.
When we try to make our values prevail over those cherished by others, we
attack their values, their dynamic of behavior, and their living will. If we
go far enough we assault their very being. For the will is simply valuation
in action.”
Now the deep beauty of the golden rule is that instead of attacking the
will that is in other men, it offers their will a new dimension. “Do as you
would have others…,” as you would will others do. It bids you to expand
your vision, see yourself in new relationships. It bids you to transcend
your insulation, see yourself in the place of others, see others in your
place. It bids you to test your values or at least your way of pursuing them.
If you would disapprove that another should treat you as you treat him,
the situations being reversed, is not that a sign that, by the standard of
your own values, you are mistreating him? This principle makes for a
vastly greater harmony in the social scheme. At the same time, it is the
only universal of ethics that does not take sides with or contend with con-
tending values. It contains no dogma. “It bids everyone follow his own
rule, as it would apply apart from the accident of his particular fortune.”
Our sole concern is to show that the golden rule is the only ethical prin-
ciple, as already defined, that can have clear right of way everywhere in the
kind of world we have inherited. It is the only principle that allows every
28
MacIver (1952, p. 41).
2.2 SEARCH FOR A UNIVERSAL MORAL PRINCIPLE 33
man to follow his own intrinsic values while nevertheless it transforms the
chaos of warring codes into a reasonably well-ordered universe.29 MacIver
ends his essay citing Jesus: “All things therefore whatsoever ye would that
men should do unto you, even so ye also unto them; for this is the law and
the prophets.”30
to a much higher and more substantive pitch. In the words of Jesus, the
rule transcended the reciprocity of a mutual relation with one’s neighbor
to extending love to that neighbor.34 Accordingly, Paul Ricoeur argues
that the golden rule implies, or establishes, reciprocity between the doer
of an action and the person acted upon. This reciprocity “implies equality
between the parties concerned: If I treat others as I would wish them to
treat me, then that presupposes that they will treat me as I would treat
them, creating a social contract between equal parties.”35 Furthermore, in
contrasting the golden rule with the principle of “love your neighbor,”
Ricoeur suggests that the former is ethical and the latter is “hypothetical.”
The former, he argues, can be interpreted as being limited to a mutual
reciprocal arrangement: “I will only do this for you if you do something
for me.” The latter, however, has the logic of generosity, benevolence, and
altruism where one gives more than another deserves.36
Gensler (2013) provides an in-depth historical chronology of the
golden rule throughout the human civilizations, some of which are
re-produced in “Annex I” of this chapter to demonstrate the long history
of acceptance and application of this universal rule. Select variations of the
golden rule from a number of world religions and traditions as listed and
compiled by well-known management guru John C. Maxwell (2003) are
summarized in Table 2.1.
2.2.2
The Golden Rule as Universal Moral Principle
Certainly much has been written on the golden rule both before and after
MacIver’s essay, but few have been so succinct, clear, and forceful defense
of the rule as a universal moral principle. There have been a number of
credible theses on the history of the golden rule dating back to the
Babylonians. Others have investigated the philosophical, psychological,
sociological, theological, and political implications of the rule across
cultures throughout history. Intense debates have taken place between
opponents and proponents of the rule as a moral principle applied to
issues such as abortion, euthanasia, sexual orientation, and a host of other
issues with moral implications. There has also been a growing literature on
the application of the rule in legal and judicial proceedings. Nevertheless,
34
Wattles (1996, pp. 52–66), Kirk (2003), Chiton (2008).
35
Ricouer (1992, 1995), Simms (2004 p. 117).
36
Simms (2004, p. 117).
2.2 SEARCH FOR A UNIVERSAL MORAL PRINCIPLE 35
Bahai And if thine eyes be turned towards justice, choose thou for
thy neighbor that which thou choosest for thyself
Buddhism Hurt not others with that which pains yourself
Christianity Whatever you want men to do to you, do also to them
Confucianism What you do not want done to yourself, do not do to others
Hinduism This is the sum of duty; do naught unto others what you
would not have them do unto you
Islam No one of you is a believer until he loves for his neighbor
what he loves for himself (Sahih Muslim, 45)
Jainism A man should wander about treating all creatures as he himself
would be treated
Judaism What is hateful to you, do not do to your fellow man. This is
the entire law; all the rest is commentary
Yaruba proverb One going to take a pointed stick to pinch a baby bird should
(Nigeria) first try it on himself to feel how it hurts
Zoroastrianism Whatever is disagreeable to yourself, do not do unto others
How is one to move beyond shock and cynicism as one confronts the evi-
dence of moral decline in society? What reaction comes more easily than to
blame them? We may be driven to act on the tendency to separate human-
kind into two camps—those who are the problem and those of us with
higher standards—but such is not the ultimate solution. I believe that we
can learn to relate more humanely and reach out more effectively by discov-
ering the golden rule. The need even for morally active people to discover
the rule is greater than I realized over a decade ago when I began my
research. I used to assume that nearly everyone was raised so that when they
heard the phrase “the golden rule” they could supply a principle worded,
approximately, “do to others as you want others to do to you.” I also
assumed that nearly everyone who heard that principle spelled out had a
roughly accurate initial grasp of its meaning. And I assumed that those who
thought highly of the principle would occasionally spend time thinking
about how to apply it. I have not made a scientific survey and would not
hazard an estimate in percentage term, but my experiences talking about the
rule with individuals and groups during the past years incline me to doubt
36 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
Wattles argues that the rule is intuitively easy to grasp, has immediate
intelligibility, and is obvious and self-evident. “I know how I like to be
treated; and that is how I am to treat others. The rule asks me to be con-
siderate of others rather than indulging in self-centeredness.”38 Wattles
reviews the historical development of the golden rule from Confucius,
ancient Greece and Rome, the Jewish Tradition, New Testament,
European Middle Ages through to the writings of twentieth century
scholars. He concludes: “The golden rule is, from the first, intuitively
accessible, easy to understand; its simplicity communicates confidence
that the agent can find the right way…the rule is a principle in a full
sense. Even before it is formulated, its logic operates in the human mind.
Once formulated, it shows itself to be contagious and quickly rises to
prominence. It functions as a distillation of the wisdom of human experi-
ence and of scriptural tradition… Much of the meaning of the rule can be
put into practice without any religious commitment, since it is a non-
theological principle that neither mentions God nor is necessarily identi-
fied with the scriptures or doctrines of any religion. The rule is an
expression of human kinship, the most fundamental truth underlying
morality… ‘Do to others as you want others to do to you:’ is part of our
planet’s common language, shared by persons with differing but
overlapping conception of morality. Only a principle so flexible can serve
as a moral ladder for all humankind.”39
A number of scholars have developed dimensions of behavior that
could be subjected to the golden rule. For example, the rule could be
applied to specify the “rights of personhood.” Alan Gewirth suggests that
the golden rule could be interpreted as: “Do unto others as you have a
right that they do unto you.” He defines a set of rights he refers to as
37
Wattles (1996, pp. v–vi).
38
Wattles (1996, p. 3).
39
Wattles (1996, pp. 188–189).
2.2 SEARCH FOR A UNIVERSAL MORAL PRINCIPLE 37
“generic rights.” They include “life and physical integrity” and prohibi-
tion against “lying, stealing, and promise-breaking.”40 In the context of
generic rights, Gewirth’s formulation of the golden rule becomes: “Act in
accord with the generic rights of your recipient as well as of yourself.”41
John Finnis goes further in specifying rights in terms of what he calls
“basic human goods” that are “irreducible” aspects “of the fulfillment of
human person.” These are “substantive” basic goods which “correspond
to the inherent complexities of human nature, as is manifested both in
individual and in various forms of community.” The important function of
moral norms is to identify these basic goods. Moral norms being “prohibi-
tions on killing, theft, acts of dishonesty, and other similar negative and
positive precepts the capricious contravention of which anyone would
consider immoral.”42
One category of such basic goods is human “life in itself, in its mainte-
nance and transmission, health and safety.” There are other basic goods
Finnis calls “reflexive basic goods.” These goods allow humans to become
“active persons, acting through deliberation and choice.” They include
goods that are various forms of harmony and peace. In turn, these include
“peace of conscious,” which allows one to create consistency between
“one’s self and its expression,” inner peace, peace with others and “peace
with whatever more-than-human source of reality, meaning, and values
one can discover.” These two types of basic goods constitute the “integral
human fulfillment.”43 Finnis formulates a version of the golden rule which
he calls “the first and most abstract principle of morality” as follows: “In
voluntarily acting for human goods and avoiding what is opposed to
them, one ought to choose and otherwise will those and only those pos-
sibilities whose willing is compatible with integral human fulfillment.”44
He argues that to “do evil” is “to destroy, damage, or impede a basic
human good.”45 To intentionally harm a basic human good is “never
acceptable for God or man.”46
The same degree of universality inherent in the golden rules exists for
these “basic human goods” and “generic rights” defined by Gewirth and
40
Gewirth (1978).
41
Gewirth (1978, p. 135).
42
Finnis (1991, p. 42).
43
Finnis (1991, p. 45).
44
Finnis (1991, p. 45).
45
Finnis (1991, pp. 54–55; 71).
46
Finnis (1991, pp. 74–75).
38 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
47
Lindblom (1967), Unterman (1959), Tamari (1987), Sachs (2012).
48
Dodd (1952), Neibuhr (1952), Ricoeur (1990), Finnis (1991), Ricoeur (1995, 2000),
Kirk (2003), Donders (2005), Chilton (2008).
49
Khan (1952), Hakim (1952), Rahman (1985), Engineer (1990), Fakhry (1991),
Al-Attas (1992), Zaroug (1999), Naqvi (2003), Oh (2007), Abuarqub (2009), Mirakhor
and Hamid (2009).
50
Nikhilananda (1952).
51
Suzuki (1952), Hummel (1952), Hallisey (2008), Scheible (2008).
52
Moazami (2008), Rost (1986).
53
Rosemont (1999), Dewald (2008), Berchman (2008).
54
Rosemont (1999), Dewald (2008), Berchman (2008).
55
Northrop (1952), Sacks (1952), Linton (1952), Von Fritz (1952), Maritian (1952),
Baier (1958), Brandt (1961), Gellner (1992), Gensler (1996), Holloway (1999), Blackburn
(2001), Epstein (2010), Kateb (2011).
56
Hare (1981) R.M. Hare, Moral Thinking: Its Levels, Method, and Point, Oxford:
Oxford University Press, 1981.
2.3 APPLYING GOLDEN RULE TO ECONOMICS AND FINANCE 39
Either in its positive or negative form, the golden rule can serve the pur-
pose of forming the moral foundation of ethical business. A number of
contemporary scholars have developed dimensions of behavior subject to
the application of the golden rule.
Every system of thought, ancient or contemporary, religious or secu-
lar, contains moral norms prohibiting their violation. In one form or
another, in one degree or another, their sanctity is affirmed by all cul-
tures and societies constituting humanity. A study of prophecy and
ancient Hebrew law reveals the intense concern of the prophets with
harm to human dignity, trust, contract and property. Teachings by rabbis
reinforced and further explained the concerns of the prophets. The
teachings of Jesus transcended “not doing harm” to one’s neighbor to
extending “love” to that neighbor. Just as in other Abrahamic traditions,
Islam, clearly and unambiguously, considers violations of these “basic
goods” as transgressions against moral norms, laws, prohibitions ordained
by The Creator. Similar positions on the non-violability of these rights
are discernible in Hinduism, Buddhism, Zoroastrian, and in ancient
Greek, Roman and Egyptian thought (Abdullah et al. 2015).
The golden rule is not the same as the typical economic view, in which
the agent is less concerned with how the other should be treated but
rather assumes that the other party is driven by self-interest and therefore
is protecting him- or herself. In some sense, the difference in economic
and ethical perspectives on life is the difference between expecting to be
treated the worst and expecting to be treated kindly. “Do as you would
have others…” As you would will others do. It bids you expand your
40 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
vision, see yourself in new relationships. It bids you transcend your insula-
tion, see yourself in the place of others, see others in your place. It bids
you test your values or at least your way of pursuing them. If you would
disapprove of another person treating you as you treated him or her, the
situations being reversed, is not that a sign that, by the standard of your
own values, you are mistreating that other person? This principle makes
for a vastly greater harmony in the social scheme. MacIver ends by citing
Jesus: “All things therefore whatsoever ye would that men should do
unto you, even so ye also unto them; for this is the law and the prophets.”
MacIver (1952, #47).57
Clearly, the “narcissistic business model” that led to the damage to life,
property and the overall well-being of so many violated the rights of the
human person defined by Gewirth and Finnis. Premeditated actions stem-
ming from the breakdown of morality represented assault upon human dig-
nity, trust, contract and property which define basic human goods. The same
degree of universality inherent in the golden rule exists for these basic human
goods. As argued earlier, every system of thought, ancient or contemporary,
religious or secular, contains moral norms prohibiting their violation. In one
form or another, in one degree or another, their sanctity is affirmed by all
cultures and societies. The golden rule prohibits harm to these basic goods.
Kenneth Costa argued that “the debt crisis simply would not have happened
had The Golden Rule been universally followed.” One may add that had the
golden rule been followed universally, wealth and income inequality and
poverty would not have been as glaring as observed today across the world
mainly due to the fact that a corollary of the rule requires that one sees one-
self in place of “the other.” This is the notion of empathy and “sympathy” as
the cornerstone of Adam Smith’s idea of how public and private interests
could converge in a “commercial” or capitalistic society.
Universal adherence to the golden rule could have a significant impact
on inequality and poverty. The need to find ways and means of slowing the
intensity of the present inequality and alleviate poverty has become a major
concern of policy makers. Various solutions have been proposed. One was
offered by His Royal Highness (HRH) Sultan Nazrin Shah in a presenta-
tion to the 2014 session of Khazanah’s Megatrends Forum.58 In this pre-
sentation, HRH argued that inequality and exclusion are threats to social
solidarity. Inequality squeezes out the middle class which is the backbone
57
The quote is from Matthew 7:12. (see Abdullah et al. 2015).
58
Shah (2014).
2.3 APPLYING GOLDEN RULE TO ECONOMICS AND FINANCE 41
60
Ali (2014).
2.4 THEORIES OF BUSINESS ETHICS 43
each business ethics theory are (a) teleological; (b) deontological; and
(c) virtue ethics.
The term teleological is derived from the Greek work telos meaning
goal or purpose. This perspective is considered a “consequences-oriented”
approach primarily focusing on the significance of consequences or results
in determining if a certain act is acceptable or not. Therefore, the ethical
test of a business decision to be ethical depends primarily on the outcome
of that particular action. Two sub-theories derived from this perspective
are egoism and utilitarianism.61
In contrast to the teleological perspective, deontological ethics (derived
from the Greek word deon or duty) places emphasis not on the outcome
but on certain duties and responsibilities. Deontologists base their judg-
ments on a set of “moral rights” people are believed to possess; in other
words, any individual has a right to be treated in ways that ensure his
dignity, respect, and autonomy. The rights driven or Kantian Model,
named for Immanuel Kant, rests on the assumption that every person has
basic rights in a moral universe, and accordingly, an action is morally cor-
rect if it minimizes the violation of the rights of all stakeholders. Intentions
are central to the deontological approach, as they determine whether or
not business decisions are ethical or unethical. Only when members of the
business community act from duty do their actions have moral worth.62
An action is not considered worthy of moral right if it is taken out of self-
interest as compared to one which is taken from a deep sense of duty.
Unlike deontological and teleological approaches, virtue ethics is
embedded in the values and beliefs that one subscribes to. It seeks to high-
light the virtues that lead to a meaningful and rewarding life. How these
are acquired, developed, and evolved is part of the domain of –ethics.
Since virtue ethics do not exist independently of the society and the envi-
ronment where a person lives, virtue ethics tend to be numerous and may
differ, in priorities, among societies. Virtues are good habits that must be
practiced. Virtue ethics, therefore, differs from previous theories as it pri-
marily revolves around individual character, attitudes, and other disposi-
tions and preferences, including values and guiding norms. These qualities
can be taught and acquired, which can induce the business community in
general to behave in an ethical way.63 Merely having an understanding and
61
Ali (2014).
62
Ali (2014).
63
Ali (2014).
44 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
knowledge of virtues is not sufficient, but the key to good ethics is deter-
mined by the degree by which such virtues are internalized by individuals
and organizations.
Virtue ethics emphasizes the virtues, or moral character, in determin-
ing the morality of actions. While teleology is concerned with the result
of an action and deontology with the intent, virtue ethics is concerned
with the character of the actor and how it fits within a holistic view of
society at large. For example, say that it can be agreed that a particular
person in need should be helped. A teleological approach, like utilitarian-
ism, would argue that you should help that person because the cost of
you helping that person is less than the value that person gets from being
helped. A deontological approach would argue that you should help that
person because it is your duty to do so. A virtue ethics approach would
argue that you should help that person because doing so would be chari-
table or benevolent, characteristics that individuals in an ideal society
should display.
A virtue is a good trait of character, so well-entrenched in an individual
that it influences which actions he or she wishes to take. For example,
honesty is a virtue. An honest person is one who tells the truth simply
because he likes truth and dislikes dishonesty. An individual is not an hon-
est person if they avoid dishonesty out of fear of being caught and pun-
ished, nor are they honest if they have to override their natural inclination
to be dishonest in conformity with a grander narrative of morality or duty.
Virtue ethics focuses on identifying which characteristics should be
taught and acquired. Within the business context, the goal is for those
involved in market decision making to properly internalize the appropriate
virtues. Of course, virtues sometimes contradict one another and a charac-
teristic that might be a virtue in one context or culture might be a vice in
another. For example, frugality might be a virtue when running a business
but a vice when helping the needy. Acceptance is a virtue, except when the
situation calls for assertiveness. Depending on the culture, justice or mercy
could be the appropriate virtue when dealing with an individual who has
committed an offense.
Virtue ethics is concerned with the type of person we should be in the
context of our relations with others and our positions in society. Virtue
ethics, therefore, differs from other theories, as it primarily revolves around
individual character, attitudes, and other dispositions and preferences,
including values and guiding norms.64 The characteristics of consistency,
64
Mirakhor (2016).
2.4 THEORIES OF BUSINESS ETHICS 45
2.4.1
What Is Virtue Ethics?
The virtue theory of ethics is widely recognized as a workable model
which can be the basis of ethics in business. Virtue ethics—the study of
moral character—has been an important strand in moral philosophy
for literally thousands of years, but has received little attention from
contemporary economists.65 Virtue theory of ethics advocates developing
and strengthening certain desirable virtues and avoiding certain unde-
sirable vices in order to achieve higher goals of a society or organiza-
tion. The ethicist who relies upon a theory of virtue has a rich history
of philosophical thought from which to draw, though theories of virtue
with specifically commercial applications are fairly recent. Several mod-
ern thinkers—David Hume, Adam Smith, Samuel Smiles, Robert
Solomon, and Deirdre McCloskey—base their writings to application
of virtue to commerce. Despite challenges, virtue theory provides a
plausible model for considering how one may conduct business in an
ethical and successful manner.66
The guiding principle underlying the theory of virtue is how one is to
live and therefore such a theory should also be applicable to how one
ought to create, produce, and exchange. The key element is a powerful
emphasis on being rather than doing such that right actions arise only
from persons who have good qualities of character. Virtues are acquired
character traits or dispositions that are judged to be good. In virtue ethics,
actions are judged to be good because they are in character for a virtuous
person—they are constitutive of living well, of “flourishing.” A morally
well-constituted individual cultivates virtues not as rules of thumb for
moral action, but because such virtues are characteristic of the kind of
person she is or wants to be.67
The theory of virtue ethics can be applied to business in various ways.
For example, market conduct and operations could be based on the virtue
of universality such that the disposition would be to make mutually
65
Bruni and Sugden (2013).
66
Heath (2013).
67
Bruni and Sugden (2013).
46 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
68
See Bruni and Sugden (2013) for a detailed discussion on applying virtue ethics theory
to markets.
69
Bruni and Sugden (2013).
70
Bruni and Sugden (2013).
71
Graafland and van de Ven (2011) discuss virtues which were ignored or were absent
from the conduct of bankers leading to the financial crisis. They list reference to integrity and
honesty in the statements and mission objectives of several major financial institutions such
as Deutsche Bank, Goldman Sachs, and ING. However, in practice adherence to such virtues
was in question.
2.4 THEORIES OF BUSINESS ETHICS 47
72
Graafland and van de Ven (2011).
73
Musa (2011) highlights the importance of ethics in Islam by citing that classical scholars
of Islam such as Al-Ghazālı̄, in his famous encyclopedia Iḥyā’ ‘Ulūm al-Dı̄n (Revival of
Islamic Sciences) dedicates a full chapter on the ethics of earning and living (Kitāb al-Ā dāb
al-Kasb wa al-Ma‘āsh).
74
For an early historical source for the application of Islam’s ethical rules for behavior, see
Nasirean Ethics, translated into English by G.M. Wickens, George Allen, Unwin LTC,
London. Nasir al-Din Tusi who wrote in 633/1235 is primarily concerned with human
behavior and deals with concepts of rationality, reason, justice, and equilibrium and how all
creation “is called to ascend the hierarchy of grades within the limits of capacity. This ascent
is the end of all existence, and it is by reference to man’s potentially supreme elevation that
this behavior is to be determined” (p. 11) Tusi deals with individual’s behavior in relation to
the Creator and the Creation, then at the economic level and, finally, as a member of the
community. See also Nasir al-Din Tusi on Finance by M. Minovi and V. Minorsky in The
Bulleting of the School of Oriental and African Studies, Vol. X, 1940 (p. 755).
48 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
75
Mirakhor and Alaabed (2013).
76
Use of the term (swt) with Allah denotes “Subhanahu wa ta’ala” meaning “Glory to
Him, the Exalted” as a sign of reverence.
77
Use of the term (saas) with the mention of the Prophet denotes “SallaAllah o ‘Alayhi wa
Aalihi wa Salaam” meaning the graces of Allah (swt) be upon him, and peace as sign of
reverence.
78
See Beekun and Badawi (2005).
79
Musnad Ahmad Ibn Hanbal, No: 8595.
2.5 ISLAMIC PERSPECTIVE ON BUSINESS ETHICS 49
c. 1450 BC to The Jewish Bible has golden-rule like passages, including: “Don’t
450 BC oppress a foreigner, for you well know how it feels to be a foreigner,
since you were foreigners yourselves in the land of Egypt” (Exodus
23:9) and “Love your neighbor as yourself” (Leviticus 19:18)
c. 563–483 BC Buddha in India teaches compassion and shunning unhealthy desires.
His golden rule says: “There is nothing dearer to man than himself;
therefore, as it is the same thing that is dear to you and to others,
hurt not others with what pains yourself” (Dhammapada, Northern
Canon, 5:18)
c. 551–479 BC Confucius sums up his teaching as: “Don’t do to others what you don’t
want them to do to you.” (Analects 15:23)
c. 500 BC Jainism, a religion of India that promotes non-violence, compassion,
and the sacredness of life, teaches the golden rule: “A monk should treat
all beings as he himself would be treated.” (Jaina Sutras, Sutrakritanga,
bk. 1, 10:1–3)
80
Ali (2014).
50 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
c. 500 BC Taoist Laozi says: “To those who are good to me, I am good; and to
those who are not good to me, I am also good; and thus all get to
receive good.” (Tao Te Ching 49) A later work says: “Regard your
neighbor’s gain as your gain and your neighbor’s loss as your loss.”
(T’ai-Shang Kan-Ying P’ien)
c. 500 BC Zoroaster in Persia teaches the golden rule: “That character is best that
doesn’t do to another what isn’t good for itself” and “Don’t do to
others what isn’t good for you.”
c. 479–438 BC Mo Tzu in China teaches the golden rule: “Universal love is to regard
another’s state as one’s own. A person of universal love will take care of
his friend as he does of himself, and take care of his friend’s parents as
his own. So when he finds his friend hungry he will feed him, and when
he finds him cold he will clothe him.” (Book of Mozi, ch. 4)
c. 440 BC Socrates (c. 470–399 BC) and later Plato (c. 428–347 BC) begin the
classical era of Greek philosophy. The golden rule, while not prominent
in their thinking, sometimes leaves a trace. As Socrates considers
whether to escape from jail, he imagines himself in the place of the state,
who would be harmed (Crito). And Plato says: “I’d have no one touch
my property, if I can help it, or disturb it without consent on my part; if
I’m a man of reason, I must treat the property of others the same way”
(Laws). (Wattles 1996, pp. 32–6)
c. 400 BC Hinduism has positive and negative golden rules: “One who regards all
creatures as his own self, and behaves towards them as towards his own
self attains happiness. One should never do to another what one regards
as hurtful to one’s own self. This, in brief, is the rule of righteousness.
In happiness and misery, in the agreeable and the disagreeable, one
should judge effects as if they came to one’s own self.” (Mahabharata
bk. 13: Anusasana Parva, §113)
384–322 BC Aristotle says: “As the virtuous man is to himself, he is to his friend also,
for his friend is another self” (Nicomachean Ethics 9:9). Diogenes
Laertius (c. 225 AD) reports Aristotle as saying that we should behave
to our friends as we wish our friends to behave to us
c. 150 BC Various Jewish sources have golden-rule sayings. Tobit 4:16 says “See
that you never do to another what you’d hate to have done to yourself.”
Sirach 31:15 says “Judge the needs of your guest by your own.” And
the Letter of Aristeas says “Insofar as you [the king] do not wish evils to
come to you, but to partake of every blessing, [it would be wise] if you
did this with your subjects.”
c. 4 BC–27 AD Jesus proclaims love (of God and neighbor) and the golden rule to be
the basis of how to live. Luke 6:31 gives the golden rule in the context
of loving your enemies, later illustrated by the Good Samaritan parable.
Matthew 7:12 says: “Treat others as you want to be treated, for this
sums up the law and the prophets.”
ANNEX I: GOLDEN RULE CHRONOLOGY 51
c. 70 AD “The Two Ways,” a Dead Sea Scroll discovered in the 1940s, says:
“The way of life is this: First, you shall love the Lord your maker,
and secondly, your neighbor as yourself. And whatever you don’t want
to be done to you, don’t do to anyone else.” (Wattles 1996, p. 47)
c. 80 AD The Didache, summarizing early Christian teachings, begins: “There are
two paths, one of life and one of death, and a great difference between
them. The way of life is this. First, you shall love the God who made
you. Second, you shall love your neighbor as yourself. And whatever you
wouldn’t have done to you, don’t do to another.”
c. 90 AD The ex-slave Stoic Epictetus writes: “What you shun enduring yourself,
don’t impose on others. You shun slavery – beware of enslaving others!”
c. 90 AD The apocryphal gospel of Thomas attributes a negative golden rule to
Jesus (verse 6): “Don’t do what you hate.”
c. 120 AD Rabbi Akiba says: “This is the fundamental principle of the Law: Don’t
treat your neighbor how you hate to be treated yourself.” (G. King
1928, p. 268) His students support the golden rule: Rabbi Eleazar
(“Let another’s honor be as dear to you as your own”) and Rabbi Jose
(“Let another’s property be as dear to you as your own”). (Wattles
1996, p. 202)
c. 130 AD Aristides defends his fellow Christians, who “never do to others what
they would not wish to happen to themselves,” against persecution
c. 150 AD The Ethiopian version of the apocryphal Book of Thekla ascribes a
negative golden rule to Paul: “What you will not that men should
do to you, you also shall not do to another.”
c. 150–1600 Many Christians, seeing the golden rule’s wide acceptance across
religions and cultures, view the golden rule as the core of the natural
moral law that Paul saw as written on everyone’s heart (Romans 2:14f).
The golden rule is proclaimed as the central norm of the natural moral
law by Justin Martyr, Origen, Basil, Augustine, Gratian, Anselm of
Canterbury, William of Champeaux, Peter Lombard, Hugh of St.
Victor, John of Salisbury, Bonaventure, Duns Scotus, Luther, Calvin,
and Erasmus.
222–235 Roman Emperor Alexander Severus adopts the golden rule as his motto,
displays it on public buildings, and promotes peace among religions.
Some say the golden rule is called golden because Severus wrote it on
his wall in gold
c. 263–339 Eusebius of Caesarea’s golden-rule prayer begins: “May I be an enemy
to no one and the friend of what abides eternally. May I never quarrel
with those nearest me, and be reconciled quickly if I should. May
I never plot evil against others, and if anyone plot evil against me,
may I escape unharmed and without the need to hurt anyone else.”
52 2 MORAL SENSE AND ETHICS IN ECONOMICS AND FINANCE
c. 1400 Hindu Songs of Kabir (65) teach the golden rule: “One who is kind and
who practices righteousness, who considers all creatures on earth as his
own self, attains the Immortal Being; the true God is ever with him.”
c. 1400 Sikhism from India teaches: “Conquer your egotism. As you regard
yourself, regard others as well.” (Shri Guru Granth Sahib, Raag Aasaa
8:134)
1688 Four Pennsylvania Quakers sign the first public protest against slavery
in the American colonies, basing this on the golden rule: “There is a
saying, that we shall do unto others as we would have them do unto
us – making no difference in generation, descent, or color. What in the
world would be worse to do to us, than to have men steal us away and
sell us for slaves to strange countries, separating us from our wives and
children? This is not doing to others as we would be done by; therefore
we are against this slave traffic.”
1827 Joseph Smith receives the Book of Mormon, which has the golden rule:
“Therefore, all things whatsoever ye would that men should do to you,
do ye even so to them, for this is the law and the prophets” (3 Nephi
14:12)
1854 Abraham Lincoln quips: “Although volume upon volume is written to
prove slavery a very good thing, we never hear of the man who wishes
to take the good of it, by being a slave himself.”
1858 Abraham Lincoln gives this golden-rule evaluation of slavery: “As I
would not be a slave, so I would not be a master.” The next year, he
says: “He who would be no slave, must consent to have no slave.”
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CHAPTER 3
1
Zilio-Grandi (2015) compiles a list of the virtues and their corresponding vices. She
reports that the use of aḫlāq in the sense of good moral qualities is based on a number of
Prophetic traditions of the kind collected by al-Tirmiḏı̄ (d. 279/892) in his famous work,
Ğ āmiʿ.
2
Qur’an (3:104), “Let there arise out of you a band of people inviting to all what is good,
enjoining what is right, and forbidding what is wrong: they are the ones to attain felicity.”
of you in the sight of God are the best of you in conduct.” This implies
that the ones practicing and living virtues that make up good character are
the successful ones. Throughout Islamic history, different scholars have
compiled sets of virtues based on various verses of the Qur’an and have
identified virtues that would constitute an ethical act.3
Furthermore, the Qur’an (68:4) makes a strong endorsement of the
character traits of the Prophet when it acknowledges the Prophet’s
character (huluq) as of an exalted standard that can be interpreted as
adherence to and practice of virtues and sacred values forming the
basis of ethical behavior.4 In addition, there are several authenticated
sayings of the Prophet that indicate the significance of possessing good
character and virtues for a successful life. Practicing these virtues is
considered a sign of having perfect faith and therefore it is highly
desirable to incorporate these in one’s life.5 In a famous saying, the
Prophet (saas) said that “I have been sent for the purpose of per-
fecting good morals.”6
Qur’an (3:110), “You are the best nation that has been raised up for mankind; You enjoin
right conduct, forbid evil and believe in Allah.”
3
For example, Ali (2014) quotes Al-Mawardi’s list of 10 virtues, which included capacity
to reason, sound faith, knowledge, forbearance, generosity, adherence to accepted custom,
righteousness, patience, thankfulness, and flexibility as virtues that could deem an act
ethical.
4
Qur’an (68:4) “thou [standest] on an exalted standard of character.” The other occur-
rence of the term ḫuluq, in the Poets sura (ḫuluq al-awwalı̄n, 26:137), can also carry the
sense of “trait,” “quality,” “way of being” as observed by Zilio-Grandi (2015). She notes
al-Rāzı̄’s observation that, according to some commentators, Muhammad’s qualities are
indicated by a passage in the Cattle sura (Chap. 2) where it is said, speaking of the antecedent
prophets: “Those are the ones whom God has guided, so take an example from their guid-
ance (hudā)” (9:90). Al-Rāzı̄ asks in what sense we should understand this “guidance” and
concludes that we are dealing with good moral qualities.
5
Interpreting the saying of Prophet, “nothing weighs on the Scales like a good quality of
character (ḥusn al-ḫuluq),” Zilio-Grandi (2015) argues that this identifies such virtues
(ḫuluq) with the interior features (awṣāf bāt ̣ina) of the individual.
Prophet said that “those with the best character traits among you are dearest to me and
will sit closest to me on the day of the resurrection.” In another version, it is stated that
“those of you that I love the best and who will be seated closest to me on the day of the
resurrection are those of you who have the best aḫlāq.” In another instance, when asked who
is the believer most perfect in his faith, the Prophet answered, “who has the best aḫlāq.” Ibn
Ḥ anbal (d. 241/855) no. 909. Cf. http://library.islamweb.net/hadith/display_hbook.
php?bk_no=13&hid=909&pid=2021
6
(Ibn Hambal, No: 8595).
3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM 63
7
Select sayings of Prophet emphasizing the significance of intentions are:
“God does not look upon either your appearance or wealth, rather God examines
your intentions and actions” as reported by Ali (2014)
8
Ali (2014). This is the reason that the Prophet insists that “God examines your intentions
and actions,” adding that “God does not accept any claim without action and no claim or
action without intention”.
9
She argues that so far as good qualities are attributed to the Prophet they demand as such to
be imitated, and therefore, for a “true Muslim” virtue ethics are at least as important as obser-
vance of juridical ethics, indeed more so, because the one precedes and underpins the other.
64 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
10
See virtue on contracts for details on primordial covenant between the Creator and man.
3.1 EMBRACING THE UNITY OF CREATION 65
humans recognize their own unity, they also have full cognition of their
responsibility to maintain the unity and integrity of the rest of creation
through their service to humanity and to the rest of creation.11
The axiom of the Unity and Oneness of the Creation requires one to
believe that all creation has only one omniscient and omnipresent Creator
and that all His creation constitutes a unity as well. The Qur’an calls atten-
tion to the fact that despite all apparent multiplicity, human beings are
fundamentally of one kind; they were created as one being (nafs) and will
ultimately return to Allah (swt) as one (nafs) as well.12 In a series of verses,
the Qur’an exhorts humans to take collective and unified social action as
well as to preserve and protect the collectivity from all elements of
disunity.13 These and many other verses order human beings to work hard
toward social unity and cohesion, construct their societies, and preserve
and defend that unity. Unity and social cohesion are so central among the
objectives of the Qur’an for mankind that it can be argued that all con-
ducts prohibited by Islam are those that ultimately lead to disunity and
social disintegration. Conversely, all righteous conducts prescribed by
Islam are those that lead to social integration, cohesiveness and unity. As
a result, Islam is not only a call to individuals but also to the collectivity
and has given the latter an independent personality and identity, which
will be judged on its own merits or demerits separately from the individu-
als that constitute the collectivity. The final judgment on individual actions
will have two dimensions, one as the individual and the other as a member
of the collectivity.
11
“O mankind! We created from you from a single (pair) of a male and a female, and made
you into nations and tribes, that you may know each other…” (Qur’an 49:13).
“All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab nor a
non-Arab has any superiority over an Arab; also a white has no superiority over black nor a
black has any superiority over white except by piety and good action.” Prophet’s last sermon.
http://www.islamicity.com/Mosque/lastserm.htm
12
See Qur’an (31:28), “Neither your creation nor your resurrection is possible other than
as one united nafs.”
13
Select verses emphasizing the principle of unity are:
“And indeed this is my straight path therefore follow it — and do not follow other
ways because that will lead to disunity amongst you” (6:153) “Grab hold of the rope
of Allah collectively and do not disunite.” (3:103)
“Cooperate with one another unto righteousness and piety and do not cooperate with
one another unto unrighteousness and enmity.” (5:2)
66 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
14
Rice (1999).
15
Select verses from the Qur’an on justice are:
“…stand out firmly for justice, as witnesses to God, even against yourselves, or your
parents, or your kin, and whether it be (against) rich and poor”. (52:21)
“O you who have attained to faith! Be ever steadfast in your devotion to God, bearing
witness to the truth in all equity; and never let hatred of any-one lead you into the sin
of deviating from JUSTICE. Be just: this is closest to being God-conscious. And
remain conscious of God: verily, God is aware of all that you do”.(5:8)
“O you who have attained to faith! Be ever steadfast in upholding equity, bearing
witness to the truth for the sake of God, even though it be against your own selves or
your parents and kinsfolk. Whether the person concerned be rich or poor, God’s
claim takes precedence over [the claims of] either of them. Do not, then, follow your
own desires, lest you swerve from justice: for if you distort [the truth], behold, God
is indeed aware of all that you do!”. (4:135)
16
Qur’an (2:143).
3.2 BEING JUST AND STRIVING FOR JUSTICE 67
All humans should have the same (similar) opportunity and the freedom
to achieve their economic goals (a level playing field in education, health-
care, and basic nutrition) through hard work, while preserving the rights
(not to be confused with charity) of the disabled and less privileged. After
humans have worked and received their just rewards, then they must help
the less fortunate to eradicate poverty and avoid great disparities in wealth;
this is a test for humans to show their love for their Creator and His cre-
ation as contrasted with a love of fleeting wealth. Individuals as well as the
state should remove all roadblocks, importantly including oppression,
from the path of human development. Any injustice perpetrated by indi-
viduals against other humans and against the rest of creation is ultimately
an injustice to the self.17 Allah (swt) Loves justice; it is a central part of His
Universal Love. Humans must live a life that is just and must stand up to
and eradicate injustice wherever they find it.
As mentioned earlier, a central aim of Islam is to establish a just and
moral social order through human agency. This all-embracing desidera-
tum of the Islamic system is the ruling principle from which human
thought and behavior, the substantive and regulative rules of the Shari’ah,
the formation of the community, and the behavior of polity and of politi-
cal authority derive their meaning and legitimacy. It is this emphasis on
justice that distinguishes the Islamic system from all other systems.
17
There is the Prophetic saying that on the Day of Reckoning the oppressor, the oppressed,
and the person(s) who stood by and observed the oppression will be called upon to answer:
the oppressor for oppression, the oppressed for not resisting the oppression, and the
bystander for not assisting the oppressed.
3.3 PRESERVATION OF RIGHTS 69
So give to everyone who possesses a right his right. (kull dhi haqin haquhu)
The term right (haq) denotes something that can be justly claimed or
the interests and claims that people may have been granted by Shari’ah.
The majority of Shari’ah scholars and jurists hold that similar to a physical
property, rights are also property (al mal) because, like physical property
that has beneficial uses and is possessable, rights have beneficial uses and
are regarded as capable of being possessed.22 Rules defining the property
rights in Islam deal with the rights of ownership, acquisition, usage, and
disposition of the property. Any violation of these rules is considered a
transgression and leads to disruption in social order.
In Islam, contrary to popular opinion, self-interest is not negated.
Islam, in fact, considers it a primary factor in its incentive-motivation
system; a necessity in any organized society if the individual is to find it
18
See for example, verses 2:231 or 37:113 of the Qur’an.
19
Imam Zayn al-Abidin’s treatise on the rights, Risalat Al-Huquq covers a full spectrum
of rights in Islam. For example, the right of one’s property (al-mal) is that one takes it only
from what is lawful and spends it only on what is proper. The right of the associate is that one
neither misleads him, nor acts dishonestly toward him, nor deceives him. The right of the
adversary (Khasm) who has a claim against one is that, if his claim is valid, one gives witness
to it against oneself Ali ibn al-Husayn (1990).
20
See below verses condemning violating property and rights.
“Do not devour one another’s property wrongfully, nor throw it before the judges in
order to devour a portion of other’s property sinfully and knowingly.” (2:188)
“Do not devour another’s property wrongfully – unless it be by trade based on mutual
consent.” (4:29)
Islam (1999). The term mal or its derivatives have been mentioned in the Qur’an in
22
23
See Mirakhor (1989). The sanctity of contracts’ very foundation is the Primordial
Covenant between the Creator and humans—the mῑthaq—which imposes an obligation to
comply with the rules prescribed by their Supreme Creator as its Cherisher Lord (Rabb). In
Islam, faithfulness to the terms of all contracts entered into is linked to the fulfillment of
obligations incurred under the Primordial Covenant. The rule of remaining faithful to the
discharge of contractual obligations derives its power and authority from the generalization
of the responsibility of remaining faithful to the Primordial Contract.
24
See al-Qur’an, (16: 91–92; 17:34).
25
See al-Qur’an (23:8). A tradition of the Prophet (sws) states that “the Muslims are
bound by their stipulations” (Abu Da’ud, No: 3120). Another tradition condemns promise-
breaking as the hallmark or trait of a hypocrite: “If he makes a promise, he breaks it, and if
he makes a compact, he acts treacherously” (Bukhari, No: 32).
26
See, for example, al-Qu’ran (5:1; 2:282; 6:151,153; 9:4; 16:91–4; 17:34–6; 23:8).
3.4 SANCTITY OF CONTRACTS 71
27
In order to safeguard the interests of both the buyer and the seller, it is desirable, accord-
ing to the Islamic teachings, to clearly define all the necessary details concerning the business
deal. Each business contract should clearly specify the quality, the quantity, and the price of
the commodity in question. Thus, in a business contract, the offer and acceptance should be
made between the parties concerned on a commodity which is with the buyer and which he
is able to deliver. Any commodity that is nonexistent or not deliverable is not allowed to be
transacted. A contract must be explicit with regard to the rights and obligations of the parties
concerned so that it does not lead to disputes and disagreements between them.
28
Reference is made here to hadith from as-Sunnah of the Prophet (saws) as narrated in
Sunan an-Nasaa’i in the book on faith and its signs.
29
Reference is made to hadith in the musnad of Imam Ahmad ibn hanbal.
72 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
Having right and clear intention before entering the contract is a critical
determinant of the ethics of a contractual agreement. The contract may
meet legal requirements and be considered a valid contract but if the
intention, the means, or the outcome is in conflict with core objectives of
Sharῑa’h, the contract would be questionable on ethical grounds.
Kamali (2011) highlights the importance of the objective (maqṣad) of
a contract that is an integral part of the ethics of that contract. He empha-
sizes that “for any stipulations that amount to a distortion of the maqṣad
or purpose of a contract is likely to vitiate the contract in question. To
distort the sharı̄ʿah-ordained purpose (maqṣad) of a contract through
questionable stipulations, and worse still, through recourse to legal tricks
and stratagems (ḥiyal) becomes problematic, and if allowed unchecked
would naturally affect the ethical propriety of the contract in question.”
30
A well-known saying of the Prophet is that “the truthful merchant [is rewarded by being
ranked] on the Day of Resurrection with prophets, veracious souls, martyrs and pious peo-
ple” (Tirmidhi, No: 1130).
31
The Prophet (saas) has also exhorted the believers to strictly adhere to truthfulness in
business transactions. He said, “if both the parties (seller and buyer) spoke the truth and
described the defects and qualities [of the goods], then they would be blessed in their trans-
action, and if they told lies or hid something, then the blessings of their transaction would be
lost” (Bukhari, No: 1937).
3.6 TRUSTWORTHINESS 73
3.6 Trustworthiness
Islam places a strong emphasis on trust and considers being trustworthy as
an obligatory personality trait. At a philosophical level, the role of man on
earth is to act as vicegerent or trustee of the Creator. The root of the word
for “trust” (amānah) is the same as that for “belief” (ῑmān), for al-Qur’an
insists that a strong signal of true belief is faithfulness to contracts and
promises. It makes clear that performing contractual obligations or prom-
ises is an important and mandatory characteristic of a true believer.32
The life of the Prophet (saws) is a shining illustration of the implemen-
tation of the guidance of Allah (swt) in maintaining trust and remaining
trustworthy. Regarded as eminently trustworthy even before his divine
appointment (the community conferred upon him the title of Al-Ameen—
“Trustworthy”), the Prophet (saws) expended a great deal of effort in
modifying when possible and changing when necessary the behavior of
the community in respect of trustworthiness. Numerous statements,
actions, and circumstances are attributed to him in which trust was the
preeminent concern.
Contract and trust are interdependent. Without trust, contracts
become difficult to negotiate and conclude and costly to monitor and
enforce. When trust is weak, complex and expensive administrative
devices are needed to enforce contracts. Both al-Qur’an and the tradi-
tion of the Messenger (saws) stress the importance of trustworthiness as
32
There are various verses on the virtue of being trustful. For example, al-Qur’an (8:27) states
“O you believers! Do not betray Allah and the Messenger, nor knowingly, betray your trusts.”
Also, see, al-Qur’an (2:58; 2:283; 12: 52; 23:1–8; and 42:107, 125, 143, 162, 178, 193).
74 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
33
See al-Qur’an 2:282; 4:105, 107–08; 6:152; 8:127 and 75–6.
34
See al-Qur’an 9:4.
3.7 GOODNESS AND EXCELLENCE (IHSĀN) 75
35
In a famous saying of the Prophet also known as hadith of Ihsān, when asked “what is
goodness?”, He replied: “that you worship God as if you see Him, for if you see Him not,
surely He sees you” (Rahman 1996).
36
Ali (2014).
37
Sayings of Muhammad (Sallam and Hanafy 1988). Reported by Badawai (2013).
“Allah (swt) loves, when one of you is doing something, that he/she do it in the most
excellent manner.”
76 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
38
The Prophet is reported as saying, “May Allah’s (swt) mercy be on him who is lenient in
his buying, selling, and in demanding back his money [or debts]” (Bukhari, No: 1934).
39
Kamali (2011). The Prophet (saas) said, “Truly the best of people are those who are best
and most courteous in their demand for repayment.” He takes a strong position that for
those who take unfair advantage and procrastinate in their repayment of obligations, their
conduct is tantamount to oppression (ẓulm) that falls outside the scope of lenient
treatment.
40
The Prophet is reported saying, “Allah (swt) is generous, He loves generosity; He is
noble, He loves nobility” (al-Tirmidhi), and “the best amongst you is he who repays the
rights of others handsomely” (Bukhari, Vol 3, Book 038, No. 502).
41
Qur’an (4:36–37) “God loves not the arrogant, the vainglorious (nor) who are nig-
gardly, enjoin niggardliness on others…”
42
Kamali (2011).
3.9 PRUDENCE AND HUMILITY 77
43
Rice (1999). She gives the example of the 1st Caliph after the Prophet, Abu Bakr, who
instructed not to kill indiscriminately or to destroy vegetation or animal life, even in war and
on enemy territory, as an example of high ethical standards and the virtue of protecting the
environment. She argued that if these were the standards in wartime, there would be no
question of any waster or destruction during the time of peace.
44
Qur’an (6:141) “…and do not waste [God’s bounties]: verily, He does not love the
wasteful.”
Qur’an (7:31) “O children of Adam! Beautify yourselves for every act of worship, and eat
and drink [freely], but do not waste: verily, He does not love the wasteful.”
Qur’an (25:67) “…and who, whenever they spend on others, are neither wasteful nor nig-
gardly but [remember that] there is always a just mean between those [two extremes].”
78 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
45
Badawi (2013).
46
Qur’an (83:1–3) “Woe to those that deal in fraud. Those who, when they have to receive
by measure from men, exact full measure, but when they have to give by measure or weight
to men, give less than due.”
Qur’an ((17:35) “And give full measure when you measure, and weigh with a just balance.
That is good and better in the end.”
The Prophet (saas) is reported to have said: “if both the parties (buyer and seller) have
spoken the truth and described the defects as well as the merits thereof (the goods), they
would be blessed in their deal. If they have told lies or concealed something, then blessings
of their transaction would be lost.” (Bukhari, No: 1937)
REFERENCES 79
References
Ali, Abbas J. 2014. Business Ethics in Islam. Cheltenham: Edward Elgar.
Ali ibn al-Husayn, Imam Zayn al-Abidin. 1990. Trans. Risalat Al-Huquq, William
C. Chittick. The Treatise on Rights. Qom: Foundation of Islamic Cultural
Propagation in the World.
Arrow, K.J. 1971. Essays in the Theory of Risk-Bearing. Chicago: Markham
Publishing Company.
Badawi, Jamal. 2013. Islamic Business Ethics. Fiqh Council of North America.
http://www.fiqhcouncil.org/node/17
Islam, Muhammad W. 1999. Al-Mal: The Concept of Property in Islamic Legal
Thought. Arab Law Quarterly 14 (4): pp. 361–368.
Kamali, Mohammad Hashim. 2011. Ethics and Finance: Perspectives of the Sharı̄ʿah
and Its Higher Objectives (Maqāsị d). 8th Kuala Lumpur Islamic Finance Forum
(KLIFF). 3–6 October 2011.
80 3 KEY VIRTUES OF BUSINESS ETHICS IN ISLAM
Discussion on business ethics in Islam is not new; it has been dealt with
extensively since the early history of Islam. Significant discussion and anal-
ysis of the positions of the Qur’an and the Sunnah on morality and ethics
were provided by the 4th Caliph Imam Ali (AS) in his book, Nahjul
Balaghah, and by his grandson, Imam Zayn al-’Abedin (AS) in his book,
Risalah al-Huquq (Treatise on Rights), which also included the Risalah
Al Huquq (Treaties on Rights) covering moral and ethical behavior toward
others according to the Qur’an and Sunnah.1 Another important early
work on morality and ethics in Islam is by Abu Ali ibn Mohammad ibn
Ya’qub Miskawayh (born 320 AH, died 421). His work is considered to
have influenced the thinking of leading thinkers such as Al-Ghazali and
Nasiruddin Tusi on this topic.
Subsequently, the discussion mainly took place while developing prin-
ciples underlying legal axioms. For example, scholars such as Al-Ghazālı̄
(2005) dealt with the ethics of earning and living as he dedicated one full
chapter in his classical work Iḥyā’ ‘Ulūm al-Dı̄n (Revival of Islamic
Sciences).2 He identifies virtues of justice, truthfulness, and benevolence
1
See Ali Ibn Abu Talib (1973, 1988) and Zayn Al’Abidin (1988). More recently Lakhani
(2006) presented the concept of justice in light of the teaching by Imam Ali (AS).
2
He dedicated a chapter on the ethics of earning and living (Kitāb al-Ā dāb al-Kasb wa
al-Ma‘āsh), which precedes the chapter on lawful and unlawful matters (Kitāb al-Ḥ alāl wa
al-Ḥ aram). Musa (2015).
3
Al-Nabahānı̄ (1990) collected verses of the Qur’ān, Prophetic Traditions and sayings of
scholars, which he felt should be given attention by those involved in business, in his treatise
that serves as a simple reference for those who would like narrations on ethical issues related
to business.
4
Prince Philip of Great Britain and Prince Hassan bin Talal of Jordan initiated consulta-
tions in 1984 with the objective to produce a common inter-religious (between Abrahamic/
monotheist faiths; Judaism, Christianity, and Islam) declaration on ethics in international
business (Dion 2002). As a result, in 1993 a Code of Ethics in International Business for
Christians, Muslims, and Jews was finalized in Amman, Jordan.
5
See Mirakhor (1989) and Askari et al. (2015).
4.1 MARKET CONDUCT 83
(a) Work is tightly coupled with human action and the ethical consid-
erations of Islam.
(b) The basis of all work ethics in Islam is to be found in the inescap-
able moral character of all human action and the responsibility that
6
Possumah et al. (2013) provides useful background reference reading on work ethics
in Islam.
7
See Nasr (2011) for the philosophical underpinning of the concept of work in Islam. For
example, he maintains that the term “work” (al-amal) in Arabic is not distinguished from
the word “action” in its most general sense and is treated by Shari’ah under the same cate-
gory. In fact, if one were to look for the translation of the word “work” in an English-Arabic
dictionary, one would usually find the two terms “amal” and “sun” given as its equivalents.
The first of these terms means “action” in general as contrasted with “knowledge” and the
second “making” or “producing” something in the artistic and artisanal sense of the word.
4.2 WORK AND WORK ETHICS 87
a human being bears for his or her actions, not only before the
employer or employee, but also in relation to the work itself, which
must be executed with the utmost perfection of which the “actor”
or worker is capable.
(c) There is no emphasis in Islam upon the virtue of work for the sake
of work. Work is considered a mean and necessity to establish equi-
librium in one’s individual, family, and social life but not to lead to
greed and excessive accumulation of wealth.
(d) Work considered in its economic aspect, should be carried out fol-
lowing a contract based upon justice and responsibility on the side
of the employer as well as the employee. The worker is responsible
to both the employer and to God to carry out, to the best of his or
her ability, the work which he or she has undertaken to accomplish
on terms agreed by the two sides.8
8
There is a very strong element present among traditional Muslims concerning eating
“halal bread’”; that is, gaining an earning that one deserves in accordance with the accom-
plishment of an agreed piece of work. Any element of cheating on part of either employer or
employee would make it non-halal (Nasr 2011).
88 4 BUSINESS ETHICS IN ISLAM
Work, therefore, is regarded not only as a right but also as a duty and
an obligation. Hence, based on its notion of individual rights and respon-
sibilities, Islam extends to individuals the right to choose the type of work
they desire. Along with this freedom come the obligation to consider the
needs of society and to select the type of work permitted by the Shari’ah.
Since all class distinctions are negated by Islam, no line of work permis-
sible by the Shari’ah is considered demeaning by Islam, which counte-
nances only diversification on the basis of natural talents, skills, and
technology—which are considered to be a grace or blessing (fadl) from
Allah (swt)—and which all Muslims are urged to acquire. Based on its
concepts of justice and contracts, Islam makes it an obligation for workers
to perform the tasks that they have contracted to the best of their abilities.
But since individuals are endowed with different abilities and talents, this
productivity will differ. Justice, however, demands that the return for
every individual’s work must be commensurate with his or her productiv-
ity, but not that all humans receive the same remuneration.
Virtues of unity and justice lay a bilateral working relationship and eth-
ics between an employer and an employee. Elements of fairness and soli-
darity with fellow humans irrespective of race, religion, and creed are the
corner stones of the employer-employee relationship. An employer has
moral responsibility for the overall welfare, fair treatment, fair wages, good
working conditions, suitable work, and the opportunity to have work-life
balance.9 In return, the employee is expected to deliver work according to
the best of his efforts and skills, work conscientiously and diligently,
9
Azmi (2013). Several sayings of the Prophet (saas) support just treatment of workers
emphasizing the obligations of the employer to the employee.
“Those are your brothers [workers under you] who are around you, Allah has placed
them under you. So, if anyone of you has someone under him, he should feed him out
of what he himself eats, clothe him like what he himself puts on, and let him not put
so much burden on him that he is not able to bear, [and if that be (the case], then
lend your help to him”. (Bukhari, No: 2359)
“I will be foe to three persons on the Last Day: one of them being the one who, when
he employs a person that has accomplished his duty, does not give him his due”.
(Bukhari, No: 2109)
“The wages of the laborers must be paid to him before the sweat dries upon his
body”. (Ibn Majah, No: 2434)
4.3 PRODUCTION, CONSUMPTION, AND DISTRIBUTION 89
(c) Productive resources are not to be left idle in the name of private
ownership, especially resources that are crucial to the lives of
people.12
(d) The production process should not cause harm to others including
to the environment. In situations where some harm is inevitable, a
careful weighting of relative harms and benefits should be made.
Furthermore, a party that may be harmed must be compensated,
based on the cardinal rule in Islamic Law that harm must be
removed or compensated if inevitable.13
(e) The production process should maintain a healthy work-life bal-
ance and ensure that the processes do not put the workers under
excessive stress. Processes should be designed to have fair opportu-
nities for workers to maintain physical, mental, and spiritual health.
12
Badawi (2013) quotes the following saying of the Prophet (saas) to endorse this argu-
ment and implying that resources should not be kept idle on the basis of personal preferences
or constraints:
“If one of you possesses a piece of [cultivable] land, let him cultivate it. And if he is
not able to cultivate by himself, let him give it to his brother.”
13
Badawi (2013).
14
For example, see Qur’an (7:31) “…eat and drink, but be not excessive. Indeed, He
[Allah] likes not those who commit excesses”; and Qur’an (5:87) “O believers, do not pro-
hibit the good things that Allah has made lawful to you and do not transgress. Indeed, Allah
does not like transgressors.”
4.4 COMPETITION AND COOPERATION 91
these resources on behalf of the less able. In this view, property is not a
means of exclusion but inclusion, in which the rights of those less able are
redeemed in the income and wealth of the more able. The result would be
a balanced economy without extremes of wealth and poverty.
Distribution takes place post-production and sale when all factors of
production are given what is due to them commensurate with their
contribution to production, exchange, and sale of goods and services.
Redistribution refers to the post-distribution phase when the charge due
to the less able are levied. These expenditures are essentially repatriation
and redemption of the rights of others in one’s income and wealth.
Redeeming these rights is a manifestation of belief in the Oneness of the
Creator and its corollary, the unity of the creation in general and of man-
kind in particular. It is the recognition and affirmation that Allah (swt) has
created the resources for all of mankind who must have unhindered access
to them. Even the abilities that make access to resources possible are due
to the Creator. This would mean that those who are less able or unable to
use these resources are partners of the more able.
probity and piety rather than in evil and enmity. Thus the Qur’an declares:
“Cooperate with one another unto righteousness and piety. Do not coop-
erate with one another unto sin and enmity” (5:2). Similarly, Muslims are
urged to compete with one another in beneficial and righteous deeds.
These sources do not allow suppression of competition or cooperation in
favor of the other when they are used within the Shari’ah framework.
Rather, all of the regulatory and supervisory authority invested in the
legitimate political authority is directed toward a balanced and construc-
tive utilization of these forces. The Shari’ah rules regarding the structure
of the market and the behavior of market participants are examples of such
balance. Although the rules of the Shari’ah regarding economic affairs
demarcate limits and boundaries of desirable competitive and cooperative
behavior necessary for the provision and preservation of the solidarity of
society, the individual always remains the identifiable agent through whose
action (and on whose behalf) all economic activity takes place.
4.6 Transparency
The virtue of truthfulness is the cornerstone of conducting ethical busi-
ness where decisions are made in a transparent fashion and full disclo-
sure is made to internal and external stakeholders. Islam encourages
truthfulness in business transactions and raises the status of a truthful
merchant so much so that he will be at par with the martyrs who give
their lives in good causes. A business transaction void of transparency or
willful misinformation may give the business monetary benefits but such
a transaction will not only be considered void of any blessings but also
subject to accountability on the Day of Judgment. The virtue of trust-
fulness would require both parties to a business transaction to be trans-
parent and have full disclosure on all aspects of the transaction including
the terms of the contract, quality of the product or services subject to
exchange, and the terms and the modes of payment.
Transparency is becoming more important than ever due to market-
based economies, where information is valuable and any relevant infor-
mation could have an immediate impact on the value of a business.
Corporations whose shares are traded on the stock markets are subject to
share price volatility when the market’s expectations change as result of
the arrival of new information. Hiding or delaying bad information with
potential negative impact on the share price, or creating a hype and
increasing expectations to increase share prices, would be examples of
unethical behavior.
Similarly, Islamic business ethics would expect full transparency of
financial reporting and would disapprove of any tinkering or misrepresen-
tation of information to mislead reporting, which therefore would be con-
sidered unethical. Despite efforts such as the Sarbanes–Oxley Act of 2002
introduced to enhance the transparency of financial statements and the
conduct of business leadership, management, and boards of directors,
unethical practices and reporting continued and led to the financial crisis.
This pattern clearly calls for complementing laws with building the char-
acter of management and leadership for transparent business practices as
advocated by Islam.
his famous work, How the Mighty Fall, and identified different stages
through which a corporate leader might go through during the course of
his fall. He notes that in the first stage, managers become arrogant, consid-
ering success virtually as an entitlement, and lose sight of the true underly-
ing factors that created success in the first place. As a result, the leaders
overestimate their own merit and capabilities and finally succumb to hubris.
During the second phase, there is the undisciplined pursuit of more—more
scale, more growth, more acclaim, more of whatever those in power see as
“success.” Finally, in the third stage, leaders discount negative data, amplify
positive data, and put a positive spin on ambiguous data. Those in power
start to blame external factors for setbacks rather than accept responsibility.
This represents the behavior of corporate leaders of the financial industry
very accurately, as such behavior is prevalent industry-wide. In short, vices
of arrogance, greed, untruthfulness, and no sense of accountability would
destroy businesses and economies, having serious social impact.
traders and businesses who indulge in fraud are committing a grave sin in
the eye of God and therefore, will be answerable.25
The practice of giving short-measure could be extended to any business
practice where values of goods or services exchanged are not based on fair
exchange, i.e., giving too little in exchange for more than the fair value.
This core principle is therefore applicable to business dealings with not only
customers or suppliers but also to other stakeholders including employees
when they are given less than they deserve as fair remuneration.
4.10 Conclusion
Moral and ethical theory of Islam can be summarized simply as set of rules
or virtues specified by the Creator for the well-being and welfare of the
humans. This set of rules and virtues applies to all aspects of human life
without any exception. Adoption and internalization of these virtues ensure
justice. Despite what some scholars suggest and write that there is a separate
theory of Islamic justice or moral/ethical position of Islam, there is none.
Once the virtues are internalized and behavior becomes compliant with the
rules, then morality, ethics, justice all are obtained. This is why Allah (swt)
points to the role of the Messengers and Prophets as to read His book of
rules to people, cleanse them, then teach them the wisdom behind the rules
in the book and then induce them to establish interpersonal justice (qist).
Based on the set of virtues that are to be internalized by individuals,
businesses, and corporations, a framework of business ethics in Islam is
drawn. Whereas the character traits of individuals are easy to understand
and explain, the application of similar traits on businesses or legal entities
such as corporation is not straightforward. Businesses and corporates are
the sum of the character traits of the individuals managing and running
the businesses. There is a need to develop a character of business entities
that emulates the desirable moral character of individuals. Therefore, a
business entity should also strive for internalizing virtues of justice, preser-
vations of rights, commitment to contracts, transparency, and fairness.
Once businesses adopt such core virtues and avoid associated vices, their
practices and actions would be considered ethical.
25
See Chapter 83 of Quran titled, “The Dealers in Fraud,” which states “(1) Woe to those
that deal in fraud; (2) Those who, when they have to receive by measure from men, exact full
measure; (3) But when they have to give by measure or weight to men, give less than due;
(4) Do they not think that they will be called to account? (5) On a mighty day, (6) A day
when all mankind will stand before the Lord of the Worlds.”
100 4 BUSINESS ETHICS IN ISLAM
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CHAPTER 5
1
For further details on Islamic finance and Islamic economics see Mirakhor (1989), Iqbal
and Mirakhor (2011), and Askari et al. (2015).
2
See Naqvi (1981, 1993, 2003) for earlier discussion of ethics and economics.
3
Kamali (2011). Gharar refers to elements of uncertainty in contracts that expose one or
both of the contracting parties to risk. Gharar can also be caused by doubt or ignorance of
one or both of the parties over the existence, quality, deliverability, or other material attri-
butes of the subject matter of contract. The question whether risk taking in transactions
amounts to gharar often depends on its scale and magnitude.
4
For in-depth discussion on risk-sharing aspect of Islamic economics and finance, see
Askari et al. (2010).
5.1 RISK SHARING 105
(c) the inheritance rules specified in the Qur’an through which the
wealth of a person at the time of passing is distributed among pres-
ent and future generations of inheritors.
charity, altruism, or beneficence. They are instruments of redemption of rights and repay-
ment of obligations.
5.1 RISK SHARING 107
7
Borrowed from Muslims and known as commenda in Western Europe, mudharabah
became quite popular as means of financing long-term trade and investment (Mirakhor
1983; Al-Hassani and Mirakhor 2003; Udovitch 1970); Lopez (1976) suggests that there is
a consensus among medieval historians that the commenda was of the highest importance
and contributed greatly to the fast growth of trade and investment which led to economic
change and growth in Europe. Commenda’s contribution to industrial development of Ruhr
Valley in Germany and in building railroads in Europe was particularly pronounced.
108 5 ETHICAL DIMENSIONS OF ISLAMIC ECONOMICS AND FINANCE
information and for the agent to behave in a way to maximize rewards for
the principal. In addition, there are implications on risk transfer, coopera-
tion among economic agents, and the stability of a financial system when
risk sharing is widespread and encouraged across the system.
Let’s discuss examples of embedded ethics in risk-sharing aspects of
Islamic economics and finance in the following.
8
In order to fit into this framework, financial intermediation and banking in the Islamic
financial system (and more generally in a risk-sharing system) has been proposed as having
two tiers. The first is a banking system that accepts deposits for safekeeping without accruing
any return and requiring 100 percent reserves, thus protecting the payment system of the
economy while concurrently limiting the credit-creating ability of the banking system and
thus obviating the need for a deposit guarantee, as in the conventional fractional reserve
system. The second tier is an investment component that functions as a classical financial
intermediary, channeling savings to investment projects, and where deposits in investment
banks are considered as equity investments with no guarantees for their face value at maturity
and subject to the sharing of profits and losses. Depositors are investors in the pool of assets
maintained by the bank on the assets side of its balance sheet.
110 5 ETHICAL DIMENSIONS OF ISLAMIC ECONOMICS AND FINANCE
9
Kamali (2011).
5.2 ETHICS OF RISK SHARING 111
Stiglitz (1989) points out that there is an inherent agency conflict in debt
financing in that the entrepreneur (the agent) is interested in the high end
of the risk–return distribution. The lender (the principal) on the other
hand, interested in safety, focuses on the low end of the risk–return distri-
bution, and therefore discourages risk taking. This, Stiglitz asserts (p. 57),
has “deleterious consequences for the economy.” He further suggests that
“from a social point of view equity has a distinct advantage: because risks
are shared between the entrepreneur and the capital provider, the firm will
not cut back production as much as it would with debt financing if there
is downturn in the economy.”
The agency problem has been generalized to bank lending. Banks,
being highly leveraged institutions that borrow short (deposits) and
lend long, are exposed to an asset–liability mismatch that creates poten-
tial for liquidity shocks and instability. Stiglitz (1989) suggests that to
protect their financial resources, banks generally discourage risk taking.
Additionally, their behavior toward risk often creates informational
problems that lead to phenomena that can be classified as market failure,
such as credit rationing. By contrast, Hellwig (1998, p. 335) argues that
there is an oft-neglected informational problem in the lending behavior
of banks, which he refers to as “negative incentive effects on the choice
of risk inherent in the moral hazard of riskiness of the lending strategy
of banks.” This risk materialized dramatically in the run-up to the recent
financial crisis (see Askari et al. 2010; Sheng 2009).
Given this background, the question is whether Islamic contracting
(with risk sharing) is better suited to solving this contractual dilemma
through its reliance on risk/reward sharing under conditions where
interest-based debt financing is prohibited. In the presence of informa-
tional problems such as asymmetric information (where only one side of
the contract, usually the agent, has information not available to the other
parties) there is a transaction cost as well as a cost of monitoring the
agent’s activities and the project(s) to be taken into account. It could be
plausibly argued that in Islamic contracts, asymmetric information issues
would be minimized. This assertion is supported by the strict rules gov-
erning contracts, exchange, and trade. Such rules with the exercise of vir-
tues such as justice, truthfulness, and trust by economic agents would
reduce information asymmetry to a minimum. These include the need for
written contracts that stipulate terms and conditions fully and transpar-
ently, the direct and unequivocal admonition that commitments to the
terms and conditions of contracts must be faithfully carried out, and the
strong emphasis on trust, cooperation, and consultation. Ethics governing
5.2 ETHICS OF RISK SHARING 113
See Mirakhor and Askari (2010, pp. 158–170), and Mirakhor (2010, pp. 8–19).
12
5.2 ETHICS OF RISK SHARING 117
13
See M.U. Chapra, “What Is Islamic Economics,” Islamic Development Bank Winner’s
Lecture Series No. 9, Jeddah, Saudi Arabia (1996, pp. 25–26).
120 5 ETHICAL DIMENSIONS OF ISLAMIC ECONOMICS AND FINANCE
14
It is important to compare and contrast the discussion of justice in the economic disci-
pline and in Islam. Whereas the former looks at various dimensions and concepts of justice
as a systemic phenomenon, i.e., allocations, exchange, market, distribution system, the lat-
ter considers them to be first and foremost as part and parcel of an individual’s adherence
to and implementation of the “rights” of others. There is a specific right for every dimen-
sion of individual’s behavior. As a member of a family, as an employer/employee, as a
member of a community, there are rights for the individual and there are rights for all those
with whom the individual interacts. One of the earliest sources of Islam in which these
rights are systematically cataloged and defined is the of Imam Zain ul Abedeen
who lists 47 rights.
5.3 ECONOMIC AND SOCIAL JUSTICE 121
remove all factors inimical to justice in exchange, yields prices for factors
and products that are considered “fair” and “just.” Unlike the scholastic
notion of “just price,” which lacks an operational definition, the Islamic
concept refers to the price prevailing as a result of the interaction of eco-
nomic forces operating in a market in which all rules of behavior specified
by the Shari’ah are observed and adhered to by all participants. It is an ex-
post concept, meaning that a just price has been paid and received.
While justice regulates and limits selfishness, beneficence rises above it.
Moreover, participants in the market are not only responsible for their
own just behavior, but because of the obligation of “enjoining the good
and forbidding the evil” they are also made responsible for the behavior of
their fellow participants. Islam maintains that when a man sees another
committing an injustice toward a third and fails to attempt to remove that
injustice, he becomes a party to that injustice. If the person failing to help
is himself a beneficiary of this injustice, then his failure is considered tan-
tamount to supporting it. Although provisions are made for coercive and
corrective action by legitimate authorities, the clear preference is for self-
management of the market. Any interference in the operations of such
a market—through price controls, for example—is considered unjust, and
a transgression.
wealth as well as the structure of the market. Assuming that both the
operation and the structure of the market are just, there is no logical rea-
son to assume that the market outcome will automatically and naturally
lead to relatively equal wealth distribution. Consequently, the result may
be (and often is) that inequalities, equitably created, will have immediate
and longer-term implications. It is here that the distributive mechanisms
of Islamic economic justice attempt to modify inequalities that are equita-
bly created.
As we saw earlier, Islam recognizes claims based on equality of liberty
and opportunity, which are reflected in the degree of access to resources,
the degree and extent of the ability of persons to actualize their potential
liberty and opportunity, and the right of prior ownership. The right that
the less able have in the wealth of those who have greater ability and
opportunity to produce greater wealth is redeemed through the various
levies (zakat, khums, sadaqa, nafaqa, and so on), the payment of which is
not beneficence but a contractual obligation that must be met. Islam also
encourages beneficence over and above these obligatory dues, but these
levies are in the nature of returning to others what rightfully belongs to
them. Shirking from this obligation causes a misdistribution of wealth,
which Islam considers as the major source of poverty.
In Islam, the rules of inheritance modify the distribution of wealth to
the next generation based on the principle that the right of the owner to
his wealth ceases upon his death. The power of the person to bequeath
his wealth as he wishes is recognized, but is basically restricted to a maxi-
mum of one-third of his net assets. The Qur’an (4:11–12) clearly speci-
fies the exact manner in which the shares of heirs are to be determined
in inheritance. Among the same category of heirs there is neither prefer-
ential treatment nor discrimination, though a woman’s share is generally
one-half of a man’s share because, under the rules of the Shari’ah,
responsibility for the maintenance of the family rests upon the husband.
Even if the wife has a larger income and greater wealth (from her own
work or from inheritance), she is not required to share that wealth or
income with her husband and is under no legal obligation to make any
contribution toward her family. Considering the nature of the (extended)
family ties and mutual responsibilities exhorted by Islam, its institution
of inheritance breaks up the wealth of each generation and redistributes
it to the next in such a way that a large number should receive a modest
portion of such wealth, rather than it going to a single heir or a small
number heirs.
124 5 ETHICAL DIMENSIONS OF ISLAMIC ECONOMICS AND FINANCE
17
It may be argued that the concept of value-matching structure is consistent with the
marking-to-market process, which underlies the fair value accounting rules set forth by the
Financial Accounting Standards Board and the organized exchange of futures contracts.
5.5 ROLE OF REGULATIONS 127
18
In addition to automatic recapitalization, the resolution plans according to which too-
big-to-fail financial institutions would, under certain conditions, liquidate themselves in an
organized manner without precipitating widespread panic and increasing systemic risk are
consistent with the notion of contingent claims. The so-called living wills define the terms
under which liquidation can take place and facilitate, to some extent, the convergence toward
the completeness of contracts.
19
Reference can be made to the study by Avdjiev et al. (2013) for an interesting discussion
about the structure, issuance, and pricing of contingent convertible-capital instruments.
20
For further details, see Iqbal and Mirakhor (2004, 2011).
5.6 GOVERNANCE AND PRUDENCE 129
Boatright (2002).
21
REFERENCES 131
References
Al-Hassani, B., and Abbas Mirakhor. 2003. Iqtisad. New York: Global Scholarly
Publications.
Allen, F., and D. Gale. 2009. Understanding Financial Crises. Oxford: Oxford
University Press.
Askari, Hossein, Zamir Iqbal, and Abbas Mirakhor. 2009. New Issues in Islamic
Finance and Economics: Progress and Challenges. Singapore: Wiley.
Askari, Hossein, Zamir Iqbal, Noureddine Krichene, and Abbas Mirakhor. 2010.
The Stability of Islamic Finance: Creating a Resilient Financial Environment for
a Secure Future. Singapore: Wiley.
Askari, Hossein, Zamir Iqbal, and Abbas Mirakhor. 2015. An Introduction to
Islamic Economics. Singapore: Wiley.
———. 2016. Challenges in Economic and Financial Policy Formulation: An
Islamic Perspective. New York: Palgrave.
Askari, Hossein, Zamir Iqbal, Noureddine Krichene, and Abbas Mirakhor. 2012.
Risk Sharing in Finance: The Islamic Finance Alternative. Singapore: Wiley.
Avdjiev, Stefan, Anastasia Kartasheva, and Bilyana Boddanova. 2013. CoCos:
A Primer. BIS Quarterly Review: 43–56. http://www.bis.org/publ/qtrpdf/r_
qt1309.pdf
22
Considering the fact that several of the “renowned” corporate leaders involved in the
current financial crisis are graduates of top academic institutions in the USA, including the
Harvard Business School, a national discussion has started to review academic programs.
Schools have also started to make one course in corporate responsibility a requirement for
graduation.
132 5 ETHICAL DIMENSIONS OF ISLAMIC ECONOMICS AND FINANCE
Khan, Mohsin, and Abbas Mirakhor. 1987. Theoretical Studies in Islamic Banking
and Finance. Houston: IRIS Books.
Krichene, Noureddine and Abbas Mirakhor. 2008. Resilience and Stability of the
Islamic Financial System – An Overview. Public Lecture, IFSB, November.
www.ifsb.org
Lo, Andrew W. 2009. Regulatory Reform in the Wake of the Financial Crisis of
2007–2008. Journal of Financial Economic Policy 1: 4–43.
Lopez, Robert S. 1976. The Commercial Revolution of the Middle Ages 950–1350.
Cambridge: Cambridge University Press.
Maghrebi, Nabil, Abbas Mirakhor, and Zamir Iqbal. 2016. Intermediate Islamic
Finance. Singapore: Wiley.
Menkoff, L., and N. Tolksorf. 2001. Financial Market Drift: Decoupling of the
Financial Market from the Real Economy? Heidelberg/Berlin: Springer.
Mirakhor, Abbas. 1983. Muslim Contribution to Economics. First Presented at the
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Iqtisad by Al-Hassani and Abbas Mirakhor, Global Scholarly Publication,
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———. 1989. General Characteristics of an Islamic Economic System. In Essays on
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Abbas Mirakhor, 45–80. Silver Spring: Nur Corp.
———. 1990. Equilibrium in a Non-interest Open Economy. IMF, Published in
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———. 2004. Islamic Finance and Instrumentalization of Islamic Redistributive
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———. 2007. A Note on Islamic Economics. Jeddah: Islamic Research and Training
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———. 2010. Whither Islamic Finance. Presented at the Securities Commission of
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Mirakhor, Abbas, and Iqbal Zaidi. 1988. Stabilization and Growth in an Open
Islamic Economy. IMF Working Paper No. 22. Washington, DC: IMF.
Mishkin, Frederic S. 1996. The Channels of Monetary Transmission: Lessons for
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Naqvi, Syed N.H. 1981. Ethics and Economics: An Islamic Synthesis. Leicester: The
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———. 1993. Islam, Economics, and Society. New York: Kegan Paul International.
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CHAPTER 6
finance meets these conditions. The rest of this paper attempts to address
the risk-sharing paradigm.
As stated earlier, finance exists because of its ability to transform and
manage risk and uncertainty. Humans live under conditions of uncer-
tainty because the future is unknown. According to John Maynard
Keynes, our knowledge of the future is vague, fluctuating, and uncertain.
While the future is unknown, some events occur often enough that it is
possible to structure frequency distributions that provide a measure of
probability of events. In that case, uncertainty converts to risk. However,
the environment of risk and uncertainty in real life can hardly be charac-
terized as one in which risks are static and quantifiable, as commonly
assumed by the prevailing standard theories of decision making. In real-
ity, risks are not easily quantifiable by the expedient assumption of known
distributions (Taleb 2012). For most economic and financial decisions,
agents are faced with many “unknown unknowns.”1 The distribution of
payoff to an economic enterprise is not known in advance with precision.
Over time, unanticipated and unknowable changes in circumstances and
structures often defy Bayesian reduction. In the literature, such an
environment of uncertainty is characterized as Knightian uncertainty or
ambiguity (Ng et al. 2015).
The question arises as to why risk and uncertainty exist. This issue
becomes more acute for those who believe in the Creator of all things.
Since it is believed that existence of risk and uncertainty is a source of dif-
ficulty for humans, a Creator centric question also arises: why create risk
and uncertainty for humans? Bartholomeu (2008) argues that “a plausible
argument for the necessity of risk is that it serves as an important ingredient
in the recipe of full human development. It provides the fertility and diver-
sity of experience to develop our skills and personalities” (p. 230). From
the Islamic perspective, the Qur’an provides a more compelling explana-
tion: the optimum path of growth and development of humans is defined
by compliance with rules prescribed by their Creator. Humans are sub-
jected to tests throughout their lives to give them a sense of the degree to
which they, individually and collectively, are rule compliant (see for exam-
ple 2: 155; 76: 2; 29: 2–3; 9: 126; 11: 7 of the Qur’an). Without risk and
1
Many possible outcomes cannot even be clearly imagined, let alone tested against histori-
cal records. For example, how will the convergence of genetics and computer science affect
the life expectancy of future generations? Quantification of risk is no longer possible using
traditional models and tools.
6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE 137
parties, one party completely transfers the associated risks to the other
with the consent and acknowledgement of that party. However, in risk
shifting, these risks are shifted to a third party or parties without their
knowledge or consent, and they end up bearing all the risks and the associ-
ated adverse outcomes. A prime example could be the 2007–2008 global
financial crisis: first, the risks were transferred through mortgage securiti-
zations, and then, once the mortgage bubble busted, those risks were
eventually shifted to the general taxpayers (without their knowledge or
consent). The result is, for example, higher taxes due to government bail-
outs of financial institutions hit by the crisis.3
A financial system based on risk sharing would be more stable than one
based on risk transfer and on risk shifting. A main source of stability is the
elimination of the interest-rate- based credit system, which has evidently
created financial crises, distortions, unemployment, inflation, and unjust
wealth redistribution (Mirakhor et al. 2012). In essence, risk sharing is a
“contractual or societal arrangement whereby the outcome of a random
event is borne collectively by a group of individuals or entities participat-
ing in an exchange contract, or by individuals or entities in a community”
(Askari et al. 2011, pp. 70–71). Agents share benefits and costs in equi-
table proportions a la Arrow (1971) where efficient risk sharing means
allocation of risk according to the ability of individual to bear it. In Islamic
finance, there are different mechanisms for risk sharing, including the
muḍārabah and mushārakah financial instruments for equity partnership
initiatives. There are also other redistributive institutions for risk sharing
such as obligatory levies of zakāh, and noncompulsory benevolent loans
qarḍ ḥasan and charity ṣadaqah, and institutional endowment waqf.
Finally, the inheritance levies constitute also a form of intergenerational
redistribution of wealth and risks among the inheritors (Maghrebi and
Mirakhor 2015). The idea of risk sharing goes back to the emergence of
first agricultural and commercial human societies. Nor is it entirely foreign
to conventional financial wisdom. Nobel laureate Professor Robert Shiller,
for example, is an advocate of risk-sharing instruments, arguing that risk
sharing has much to contribute to the growth of economies and to social
solidarity. As an instrument for social integration, risk sharing enhances
human interaction and brings humanity closer to unity by requiring
3
Central banks create credit, but banks allocate it through loans, by transforming short-
term loan deposits into long-term financial and real investment multiple of the initial credit
created by the central banks through leverage.
6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE 139
humans to share the risks of life with one another. Risk sharing also eases
coordination and informational and collective action problems. Further, it
allows parties to a transaction to maximize expected joint rewards, thereby
promoting cooperation among all economic agents and facilitate collec-
tive action. This is further translated into close relationship between the
real and financial sectors of the economy where risk is distributed through
sharing contracts. The net effect of such fundamental linkage is greater
stability of the financial system; crucially important in light of the recur-
ring episodes of financial crises stemming from the phenomenon of decou-
pling of the real and financial sector, and the emergence of a “paper
economy” (Khan and Mirakhor 1987; Ng et al. 2015; Presley and Sessions
1994; Tobin 1984).
In this chapter, two myths and realities are discussed in the context of
risk sharing. The first myth is that future payoffs on contingent claims have
to be fixed because of risk and uncertainty. Therefore, contracts need to be
complete in such that debt is treated as less risky than equity. However, the
reality is that contracts are incomplete because they cannot include all
the information to ensure that the interests of both parties are served by
the contract. An interest rate based debt contract is an “impossible con-
tract,” since under the standard axioms of economics (self-interest, scarcity,
and rationality) the borrower has an incentive not to repay the loan. Debt
contracts cannot include provisions of truth-telling, speculative risk tak-
ing, malfeasance, and other actions that affect the borrower’s promise to
repay. The problem of exchanging an amount of money now for a certain
larger amount in the future is that the amount in the future is validated
(underwritten) by a supposed stream of income that is radically uncertain
(unknown unknowns). Making debt contract a complete contract with all
possible contingencies would have a detrimental impact on society.
The second myth is that risk-sharing contracts are costly and demand
more information than debt based contracts. The reality is that risk-sharing
contracts are incentive-compatible contracts because there is an incentive
structure in place to elicit truth-telling, trust, cooperation, hard work, and
efficiency in resource management; factors that could not be written into
contracts and enforced. Hence, these contracts attenuate coordination
problems and improve the efficiency of outcomes. Without this incentive
structure, there are considerable transaction, monitoring, and enforce-
ment costs involved in designing and implementing contracts. The new
realities of platform’s network effects, big data, and machine learning can
equip decision makers, contractual parties, and investors with informed
140 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
decision making tools and valuable insights that can identify new sources
of value that have never been visible before. This not only reduces the
higher risk associated with equity investment as perceived by market par-
ticipants, but also creates shared value in micro, small, and medium enter-
prises (MSMEs).
In the following section, the unsustainability of risk transfer and
shifting will be highlighted in the context of impossible contract and
inequality.
4
Note the 2016 Noble prize granted Oliver Hart and Bengt Holmstrom for their work on
contract theory that began in the 1970s.
6.1 IS THE REGIME OF RISK TRANSFER SUSTAINABLE?... 141
contract in the financial market is a risk sharing contract where the risk and
reward of the project subject of the contract are shared between the two
sides of the contract (Askari et al. 2011). The major advantage of these
types of incentive-compatible contracts is that because agents are residual
claimants, contracts enhance productivity. There is an incentive structure in
place to elicit truth-telling, trust, cooperation, hard work, and efficiency in
resource management; factors that could not be written into contracts and
enforced. Hence, these contracts attenuate coordination problems and
improve the efficiency of outcomes. Without this incentive structure, there
are considerable transaction, monitoring, and enforcement costs involved
in designing and implementing contracts.
In risk transfer and risk shifting financial systems, an interest rate based
debt contract is an “impossible contract,” since, under the axioms of con-
ventional economics, the borrower has an incentive not to repay the loan.
Debt contracts cannot include provisions of truth-telling, speculative risk
taking, malfeasance, and other actions that affect the borrower’s promise
to repay. The problem of exchanging an amount of money now for a cer-
tain larger amount in the future is that the amount in the future is vali-
dated (underwritten) by a supposed stream of income that is radically
uncertain (unknown unknowns). As previously discussed, an interest rate
based debt contract makes this impossible contract possible, i.e., making
an uncertain future certain, by creating a virtual world of certainty through
mechanisms such as collateral requirements and an edifice of legal, admin-
istrative, policy incentive mechanisms that include positive (e.g., tax write-
offs) and negative (e.g., legal enforcement) dimensions that protect the
creditor. The society has to bear huge costs to make them possible. These
costs (plus the costs of insuring deposits) become subsidies to creditors
(banks) at the expense of the taxpayers.
Insidiously, debt compels people to work longer and consume more,
and thus generates even higher debt levels and lesser leisure time. In the
UK, the increase in the average working week over the past two decades
has coincided with a rise in household debt-to-income ratio (unfortunately,
shopping and convenience foods are serving as a relief from debt-related
overwork). In many parts of the world, mortgages have catapulted to five
to six times the household income. Historically, a mortgage was the last
resort of a landowner or farmer. Only when faced with the risk of losing a
secure means of subsistence that threatens the loss of life and well-being
would a person mortgage his or her land. Such danger of a debt treadmill
can probably be associated with the Latin origin of the word “mortgage”:
6.1 IS THE REGIME OF RISK TRANSFER SUSTAINABLE?... 143
morte (death) and gage (pledge), or “grip of death.” For such reasons,
religious laws have proscribed usury—making money out of money, and
worse still, making money out of thin air in today’s context—for over
4000 years (Conaty and Lewis 2010, 2012).
In modern times, doubts about the sustainability of a system based on
interest -rate debt financing were expressed as early as the 1930s. John
Maynard Keynes argued in his book The General Theory of Employment,
Interest and Money in 1936 that market capitalism, left to itself, would cre-
ate two major problems which, if not addressed, would cause system fail-
ure. These are (a) poor income and wealth distribution; and (b) the fact
that this system is incapable of creating full employment. A major cause of
these problems, Keynes asserted, was the interest rate mechanism that
constituted “the villain of the piece” (Mirakhor and Krichene 2009).5
When debt is inflated over time through the “magic wand of compound
interest,” wealth created by people working in the productive economy is
redirected to creditors in the form of interest payments. For example, in
Germany up to 50 percent of the costs of essential goods could be linked
to compound interest. The GDP growth rates (600 percent) and net
incomes (300 percent) between 1950 and 2000 were far outweighed by
the money supply in the country (2600 percent) (Conaty and Lewis,
2010, 2012).6 Almost a decade after the global financial crisis in 2008, the
world is suffering from a debt hangover of unprecedented proportions,
and have experienced the negative ramifications of numerous sovereign
debt crises. As of 2015, public and private debt in the nonfinancial sector
alone was estimated to be US$ 152 trillion or 225 percent of the global
GDP, according to the IMF in its Fiscal Monitor report. What has emerged
from many authoritative research works on the causes of the financial cri-
ses is a toxic nexus of:
While the concern with the twin problems of inequality and poverty
dates back to the earliest recorded history as a dimension of justice, one of
5
Keynes’ solution was the “euthanasia of the rentier” by socializing financial resources
through which financial capital would be provided for investment without the intermedia-
tion of the rent-seeking class of the money lenders.
6
See research of Margarit Kennedy and Helmut Creutz.
144 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
the most significant post-crisis phenomena has been the depth and intensity
of mainstream economics’ concern with inequality. Part of this concern can
be explained by the depth and breadth of inequality that has now become
global. The shock of the financial crisis of 2007–2008 led to the search for
its underlying causes. Aside from technical reasons, attention was also
focused on the general moral failure on the part of major financial institu-
tions. The focus now became “getting-the-values-right.” The argument
was that these institutions, in their pursuit of greed, had betrayed their
fiduciary responsibilities and had committed “economic crimes against
humanity” (Zuboff 2009). The policy implication here suggests the need
for a greater emphasis on meta-economic values by focusing on the devel-
opment of the social and moral capital of societies. The publication of the
painstaking empirical research of Thomas Piketty and his colleagues show-
ing that inequality of income and wealth was increasing and that the top
income earners were receiving the lion’s portion of income has heightened
concern with inequality and has shifted policy attention to “getting-the-
distribution-right” (Alvaredo et al. 2013; Piketty and Saez 2003, 2006).
There are other important inefficiencies of high asset concentration
in terms of lost opportunities to would-be entrepreneurs, investors, and
innovators who could well enhance the productivity of the economy
but for being asset-poor. There is considerable evidence that asset-poor
entrepreneurs are either shut out of credit markets or have to pay higher
rates than those with a higher level of wealth. Asset-poor investors are
forced to accept much lower rates of return on their meager assets than
their wealthier counterparts. Bowles (2012, p. 37) argues that
The reason
adopt more prudent risk levels preferred by the lender (the principal), to
reveal information to the principal, and to act in other ways that advance the
principal’s interests but that cannot be secured in a contract.
There is also evidence that the asset-poor have much higher rate of time
preference as well as higher measure of risk aversion (Banerjee and Duflo
2010; Holtz-Eakin et al. 1994; Jappeli 1990).
For most observers, the last crisis and its causes have become the refer-
ence for considering the risks of the future crises. Since 2009, a number of
explanations have emerged from post-crisis diagnostics. Among these, the
one that has achieved considerable theoretical and empirical support from
academics, practitioners, and policy-makers is the Debt-Leverage explana-
tion. The narrative of this explanation can be summarized in the following
chain of causation7:
rights claim on the borrower for the principal amount plus accrued inter-
est without transferring the property rights of the amount to the bor-
rower, regardless of the outcome of the project for which the borrower
contracted the loan. Indeed, most bank lending contracts include a
clause that the bank has the right to call in the loan any time.
Another method of risk management is risk shifting. This method is
employed when the two parties to a contract or a transaction shift the risks
involved to a third party explicitly, as in environmental pollution, or
implicitly, as in the case of corporate managers shifting the risks of weak
balance sheets to lenders without disclosing the weakness. Another exam-
ple of risk shifting occurred during the 2007–2008 crisis when the finan-
cial institutions shifted the risk of their speculative activities to the taxpayers
(through bailout plans) without their initial knowledge or consent. More
often than not, financial risk shifting occurs during the time of stress9
when there is regime switching where individuals, corporations, and gov-
ernments switch their regime of risk management from risk transfer to risk
shifting.10 Finally, there is the regime of risk sharing in which the risk of
contracts or transactions are shared among the participants. In the 1970s,
Kenneth Arrow showed that when each economic agent is allocated the
portion of risk of contracts or transactions commensurate with its capacity
to bear it, there is optimal risk sharing.11
9
The current practice of Islamic finance seems to be an exception since “Islamic banks”
appear to have adopted risk shifting as a risk management tool even during normal times; see,
Alaa Alaabed et al. 2016. “Investigating risk shifting in Islamic banks in the dual banking
system of OIC countries: An application of two-stage dynamic GMM” Risk Management,
Vol. 18, No. 236.
10
See, Abbas Mirakhor et al. 2012. “Unsustainability of the Regime of Interest-Based
Debt Financing,” ISRA Journal of Islamic Finance, Vol 4, No. 2.
11
See, Kenneth Arrow 1971. Essays in the theory of risk-bearing. Chicago: Markham
Publishing Company; and, Nabil Maghrebi et al. 2016. Intermediate Islamic Finance.
Singapore: John Wiley and Sons.
6.2 RISK TRANSFER SYSTEM: DEBT-ECONOMY 147
12
For an interesting article in this context see, Alessandro Somma 2016. “The biopolitics
of debt-economy: market order, ascetic and hedonistic morality,” in Bertram Lomfeld, et al.
(eds.), Reshaping Markets. Cambridge: Cambridge University Press. Please also note the rich
list of references of this paper.
13
These characteristics are clearly opposed to the model of man as envisioned in the Qur’an
and Sunnah. This does not mean that these sources ignore the fact that in life there are those
who behave very much in the spirit of the model of man as assumed in the contemporary
economics paradigm. Indeed, both sources recognize behavioral deviations in its archetypal
representation with all of its manifestations.
14
See, for example, Samuel Bowles and Herbert Gintis 2011. A Cooperative Species:
Human Reciprocity and its Evolution. Princeton: Princeton University Press.
15
See, for example, L. A. Cameron 1999. “Raising Stakes in the Ultimatum Game:
Experimental Evidence from Indonesia,” Economic Inquiry, Vol. 37, No. 1; also, Ernest Fehr
and Simon Gaechter 2000. “Fairness and Retaliation: the Economics of Reciprocity,”
Journal of Economic Perspectives, Vol. 14, No. 3; Christina Fong 2007. “Evidence from an
Experiment on Charity to Welfare Recipients: Reciprocity, Altruism and Empathic
Responsiveness Hypothesis,” Economic Journal, Vol. 117. No. 522.
16
For a good survey in this context see, Joseph Stiglitz 1987. “The causes and Consequences
of Dependence of Quality on Price,” Journal of Economic Literature, Vol. 25, No. 1.
17
It was not until 2016 that the Nobel Committee recognized the contributions of con-
tract theory by awarding the Nobel Prize in Economics to two original researchers of this
field: Bengst Holstrom and Oliver Hart.
148 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
18
It may be asked, as is done in conference or seminar presentations: What about interest-
free loans like the commended “Qardh Hasan?” It is clear that these types of loans contradict
the axiom of narrow self-interest.
6.2 RISK TRANSFER SYSTEM: DEBT-ECONOMY 149
expense of tax payers and borrowers. These are similar to the subsidies to
banks in the form of deposit insurance, the costs of which are born by the
taxpayers. These costs are necessary to create an incentive structure that
forces an alignment of the interests of the borrower with those of the
creditor.
A major contention of contract theory is that the principal–agent prob-
lem arises because, under the self-interest axiom, the incentive structure of
contracts is not efficient to elicit the kind of behavior from participants
that serves the interests of both parties. This idea gave birth to “incentive
economics.”19 This field searches for conditions and designs of contracts
in which both parties have sufficient incentives to achieve efficient out-
comes to improve gains from exchange for both as compared to contracts
without such incentives. The class of contracts that meet this criterion are
referred to as incentive-compatible contracts. Perhaps ironically, many
types of incentive-compatible contracts in finance, one way or another,
modify the risk transfer nature of transactions by moving contracts toward
risk sharing. Consider, for example, Basel III capital adequacy ratio (CAR).
To make banks behave in way to align their interests with those of the
public, their CAR has to be 10.5 percent by 2019. This means that, in
effect, banks are forced to modify their risk transfer model to share more
of the risk with the public by putting more of their own skin (more of their
own capital) in the game than they were before the crisis. Hence, banks
become more of a principal than they were before the crisis. Other exam-
ples of incentive-compatible contracts are those in the labor and credit
markets where the agents become residual claimants, in effect, becoming
property rights claimants, meaning that they now have their own “skin-in-
the-game,” thus becoming principals themselves.
An example of incentive-compatible contracts in the labor market are
those that allow labor to share in the profit of the firm.20An example of
incentive-compatible contracts in the credit market are risk-sharing con-
tracts that allow risk and rewards of a given project undertaken jointly to
be shared between the parties to the contract. The major advantage of
these types of contracts is that because agents are residual claimants, have
“skin-in-the-game,” they elicit truth-telling, trust, cooperation, hard
work, efficiency in management of resources, and other behavior that
19
See, J. J. Leffont 2000. Incentives and Political Economy. Oxford: Oxford University
Press.
20
See, for example, Martin Weitzman 1984. The Share Economy. Cambridge: Harvard
University Press.
150 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
21
See, Michael Perelman 2011. “X-Efficiency,” Journal of Economic Perspectives, Vol. 25,
No. 4; and Diego Comin 2008. “Total Factor Productivity,” in the New Palgrave Dictionary
of Economics, edited by Steven N. Durlauf and L. E. Blume. New York: Palgrave Macmillan.
6.2 RISK TRANSFER SYSTEM: DEBT-ECONOMY 151
created instability.22 When his book, the General Theory, was translated
into German in 1936, he wrote a preface to the book praising the German
policy of nonreliance on interest rate mechanisms in designing fiscal and
monetary policies.23
Keynes was not the first to have noted the instability of risk transfer
capitalism. However, he was the first to have so succinctly analyzed the
causes as emerging from the financial sector. A brilliant follower of Keynes,
Hyman Minsky, went much further in detailing how the risk transfer finance
creates inherent instability and fragility in a capitalist system. Debt-leverage
drives the cyclical evolution of the economy as its firms move from being
“robust units,” as they have little or no debt, to become “hedge units,” as
they assume ever larger debt but still able to service their debt, to “Ponzi
finance units,” where these firms can no longer service their debt. At this
point the system is rendered fragile and, ultimately, leads to crisis.24
Another gifted follower of Keynes, James Tobin, Nobel Prize winner in
economics, 1981, had a different explanation of the inherent instability of
risk transfer capitalism. In a short, concise and forceful article in Lloyds
Bank Review, July, 1984, he warned that the risk transfer debt system with
new financial techniques and securitization would lead a productive econ-
omy to morph into a speculative economy; what he called “a paper econ-
omy.” By this he meant that finance, which was supposed to intermediate
between the surplus and deficit finance units in order to serve the real
economy, was in the process of decoupling from the real sector to have an
independent life of its own in which most of its activities was trading in
paper debt securities or trading in stocks that were already issued without
creating additional and new capital stock. He argued that in these
circumstances, the speculative paper economy would grow with finance
outpacing the growth of the real economy. This process was later called
“financialization.”25 His prediction saw its full validation before and dur-
ing the 2007–2008 crisis. Even years after the crisis, Tobin’s analysis has
22
For a more detailed discussion of Keynes’ arguments see, H. Askari et al. 2012. Risk
Sharing in Finance. Singapore: John Wiley and Sons.
23
See, Lynn Turgeon 1996. Bastard Keynesianism: The Evolution of Economic thinking and
Policy-Making Since WWII. Westport, CT.: Praeger Publishers.
24
For detail of Minsky’s thoughts see, Hyman Minsky 1982. Can it Happen Again?
New York: Routledge; and Hyman Minsky 1986. Stabilizing an Unstable Economy. New
Haven: Yale University Press.
25
For a good discussion of financialization, see, Thomas I. Palley 2013. Financialization.
New York: Palgrave Macmillan; and, Rana Foroohar 2016. Makers and Takers. New York:
Crown Publishing Company.
152 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
not lost its validity. In 2012, five years after the crisis, it was estimated that
of the US$ 33 trillion trade in the New York Stock Exchange, only
0.2 percent found its way into new capital formation, the rest constituted
speculation in “paper trade.”26
In addition to these problems, a risk transfer debt-economy faces other
challenges. Its financial system is pro-cyclical and exacerbates the phases of
the business cycle. It produces excess credit during the boom phase which,
combined with leverage, create pressure on prices, strengthening inflation.
In the down phase of the cycle, the system creates a credit crunch and adds
additional force to the downward movement of aggregate demand.
Moreover, the system creates massive opportunities for mismatches in the
balance sheets of its banking system, which again serve to exacerbate cycli-
cal phases. Finally, the risk transfer financial system is riddled with moral
hazards and other elements of the principal–agent problem. Much of the
moral hazard issues stem from the fact that the credit creation (central
banks) and its allocation (private financial institutions, including banks)
functions are separate. Central banks (monetary authorities) have a differ-
ent objective function (price stability) than the private financial institu-
tions (profits). This separation of creation and allocation of credit reduces
the potency of monetary policy because the dissonance between the two
objective functions makes it difficult for the monetary authorities to
achieve their aim since the financial institutions are at the core of the trans-
mission mechanism of monetary policy. This has been the experience of
nearly all countries in the post-crisis period where monetary easing aimed
at inducing higher private investment has not been very successful. Adding
to the strength of the moral hazard issue is the deposit guarantee the
banking sector of these economies need, ostensibly, to protect the econo-
my’s payment system.
To summarize, a risk transfer debt-economy is inherently unstable and
fragile. Balance sheet mismatches in the banking system combined with
leverage operations in its firms and banks are major sources of fragility. It
makes coordination between surplus and deficit financial units difficult if
not impossible (Keynes). It limits the financial inclusion of small and
medium size firms as well as that of lower income groups into the finan-
cial system difficult (credit rationing). Its financial system is prone to
pro-cyclicality (high leverage in good times, credit crunch in bad).
Moreover, the system is challenged by a variety of moral hazard issues
26
See, John Boogle 2012. The Clash of the Cultures: Investment vs. Speculation. Hoboken,
New Jersey: John Wiley and Sons.
6.2 RISK TRANSFER SYSTEM: DEBT-ECONOMY 153
that exacerbate the inherent fragility of the system. All this represents a
market failure of sizable magnitude, as in choosing an interest-rate-based
debt contract, creditors and debtors ignore higher payoffs to both of
them as well as to the rest of the economy.
At this juncture a question arises: with all these problems, how does the
risk transfer debt system continue to survive and dominate the world of
finance? The answer lies in the myths that surround debt. The first myth is
that of the two ways of financing, debt or equity, the former is the cheaper
of the two. It has already been pointed out that a debt-based system has
huge costs that are not considered because they are mostly hidden but do
create misallocation of resources. Just consider the costs to the taxpayers
not only from making impossible debt contracts possible—by establishing
a huge institutional edifice for administrative, legal, and enforcement
functions—but also from the loss of tax revenues to the government from
the write-off of interest rate expense of corporations.
A second myth is that corporations prefer more debt than more equity
when mobilizing resources because more equity erodes ownership. This
myth ignores risk-shifting phenomenon due to the moral hazard of the
separation of corporate management and ownership. At times, particularly
during times of financial stress, management borrows rather than issues
additional equity because it wishes to hide balance sheet vulnerabilities.
While, ostensibly, ownership has not been eroded, the first call on corpo-
rate resources has expanded.
A third myth holds that public debt is not costly. However, governments
borrow either externally or domestically. In the first case, they expose the
economy to the “sudden stop” phenomenon in which external creditors,
for variety of reasons, withdraw credit from a country even when its eco-
nomic fundamentals are sound. This occurred during the Asian crisis.27
Even when there is no sudden stop, resources leak out of the economy to
service external debt. When governments borrow domestically, they usually
issue debt securities (bonds) with very large denominations, which are then
purchased by high net asset individuals or institutions. The servicing of the
debt however is done through tax resources, generally paid by lower- and
middle-income groups, creating an income redistribution from the latter
groups to the rich. This exacerbates income and wealth concentration.
27
For an excellent analysis of the Asian crisis and the lessons that were not learned from
that experience see, Andrew Sheng 2009. From Asian to Global Financial Crisis. New York:
Cambridge University Press.
154 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
A second reason why the debt system continues to thrive is the fact that
governments themselves create incentive structures to promote debt con-
tracts through administrative, legal, and policy means. In addition to tax
incentives provided for debt, governments’ fiscal and monetary policies
are debt-based. A third reason is the lack of finance education among the
public as well as the lack of general knowledge and understanding about
risk and uncertainty that keeps the public at the mercy of those who ben-
efit from the operations of the debt system. A fourth reason is an almost
theological devotion to the interest rate mechanism within finance and
economics professions. It is astounding that among all the books that
have been published since the crisis about debt being a major source of
instability, none has questioned the near-sanctity of the interest rate
mechanism.28
28
See, for example, Adair Turner 2016. Between Debt and the Devil. Princeton: Princeton
University Press.
6.3 IS RISK SHARING A BETTER ALTERNATIVE? 155
31
See N. N. Taleb 2012. Antifragile. New York: Random House.
32
See, Joseph E. Stiglitz 1988. “Why Financial Structure Matters”. Journal of Economic
Perspectives, Vol. 2, No. 4.
33
For detailed discussions of the adverse impact of “rent” on income and wealth distribu-
tion, refer to the decade of painstaking work of Thomas Piketty and his colleagues in collect-
ing and analyzing data showing this impact; see, Thomas Piketty 2014. Capital in the
Twenty-First Century. Cambridge: Harvard University Press. This book may well be consid-
ered as the validation of Keynes’ assertion that risk transfer capitalism skews income and
wealth distribution in favor of the rentier class.
6.5 CONCLUSION 157
6.5 Conclusion
Risk sharing has the potential to enhance efficiency as each party to
contracts has “skin-in-the-game,” thus eliminating or minimizing the
principal–agent problem. In doing so, it can minimize monitoring, super-
visory, and disciplinary costs leading to efficiency gains. As a result,
participants in a contract of an economic undertaking can choose higher
risk–higher return projects and thus increase the efficiency and produc-
tivity of the system. Risk sharing finance provides two powerful addi-
tional sources of economic expansion and growth. First, through
sharing contracts, micro and small enterprises that are normally credit-
constrained can expand their operations or engage in innovative activi-
ties that otherwise would not be undertaken. Asset-poor participants
become less risk-averse, allowing them to seek higher risk–higher
reward ventures. Second, households can hedge against idiosyncratic
34
See, Samuel Bowles 2012. The New Economics of Inequality and Redistribution.
New York: Cambridge University Press; see also, Michael Lewis and Pat Conaty 2012. The
Resilience Imperative: Cooperative Transition to a Steady-State Economy. Gabriola Island,
Canada: New Society Publishers.
158 6 SACRALIZING FINANCE: RISK-SHARING ISLAMIC FINANCE
35
See, for example, Qur’an (Verse 160: Chapter 7; Verse 261: Chapter 2; Verse 245:
Chapter 2; Verse 11: Chapter 57; Verse 17: Chapter 64; Verse 12: Chapter 5).
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CHAPTER 7
1
These include reports by the UN and its affiliated agencies, such as the IMF, World Bank,
UNDP, ILO, as well as by various regional development banks and agencies.
2
See the recent writings of Steve Keen, Mervyn King, Adair Turner, Nassim Nicholas
Taleb, as well as articles in Project Syndicate and in Real-World Economic Review.
crisis, are themselves in search of stability and cannot provide support for
the global economy should the risks of another worldwide crisis material-
ize. This list does not include a plethora of environmental and ecological
risks on the horizon.
Growing disparity in income distribution despite healthy growth and
deteriorating opportunities for lower segments of the society has raised
awareness of the importance of ethical and responsible finance for sustain-
able development. With the failures of regulatory regimes to fully address
the imbalances in financial markets and concerns of rising indebtedness in
various countries, developmental agencies, policy-makers including G20,
global financial regulatory bodies, civil society, and the private sector
worldwide has recognized the need for ethical and responsible finance.
Whereas ethical finance calls for fundamental change in the prevailing
thinking of approaches in development, responsible finance asks how
financial services should be delivered to live up to the challenge of pro-
moting sustainable development such that the work must incorporate
social, developmental, and environmental dimensions. In other words,
how a financial sector could be made responsible for the fair treatment of
end-clients and in ways that protect clients’ social and economic welfare.
Ethical and responsible finance could play an important role in eco-
nomic development, poverty reduction, and sharing of prosperity.
Research has demonstrated a strong relationship between stable and inclu-
sive financial systems and economic development, and the link between
economic development and poverty reduction. Generally, when financial
systems are more responsible and equitable in allocating resources among
all members of the population in a way that does not create economic
imbalances, there is greater equity of opportunity for entrepreneurship,
education, and quality of life.3
The value of economic growth and prosperity is not only reflected in
the material improvements to a society but also shapes the social, political
and, ultimately, the moral character of a people. Whereas traditional think-
ing has been that practice of moral and ethics foster economic growth, an
argument could also be articulated that economic growth not only relies
upon moral impetus, it also has positive moral consequences.4 Similarly,
3
IFC, CGAP, and BMZ (2011)., Advancing Responsible Finance for Greater Development
Impact, International Finance Corporation (IFC), Washington, D.C., USA.
4
Friedman (2006). The attitude of people toward themselves, toward their fellow citizens,
and toward their society as a whole is different when their living standard is rising from when
it is stagnant or falling. When the attitudes of the broad majority of citizens are shaped by a
7.1 NEED FOR NEW PERSPECTIVE ON ECONOMIC DEVELOPMENT 165
rising standard of living, over time that difference usually leads to the positive development
of a society’s moral character.
Friedman, Benjamin, M. (2006). “The Moral Consequences of Economic Growth,”
Society, January/February 2006.
5
Friedman (2006).
6
Working for the Few (2014).
7
Credit Suisse (2013).
166 7 ETHICAL AND RESPONSIBLE FINANCE FOR DEVELOPMENT
8
Rajan (2012).
9
http://www.un.org/sustainabledevelopment/poverty/
10
Recently, the World Bank has increased its threshold for defining people living under
extreme poverty from $1.25 ($2.0) to $1.9 ($3.1). The official goal of the World Bank and
Sustainable Goals (SGD) is to reduce extreme poverty to 3 % (or less) by 2030.
11
Forty percent cutoff line is determined by the World Bank to benchmark the bottom
segment of the society, which must share in the prosperity to boast overall development of a
country. The goal of enhancing shared prosperity aims not only to increase the economic
resources of the countries, but also to maximize the share of those continuously increasing
resources going to the bottom 40 percent of the income distribution. Hence, shared pros-
perity mainly relies on enforcing a social contract where all agents in society have a fair
opportunity to realize their full potential, contribute to economic growth, and receive their
fair share of income/wealth.
7.1 NEED FOR NEW PERSPECTIVE ON ECONOMIC DEVELOPMENT 167
Fig. 7.1 Poverty headcount ratio at $1.90 and $3.10 a day (2011 PPP) (% of
population)
Source: World development indicators. 2011 represents the averages of available
values for the period from 2005 to 2011 while 2014 represents the average of the
available values from 2012 to 2014
the World in both waves of survey periods (2007 and 2014). Figures 7.1
and 7.2 together suggest that the issue is grave in OIC countries, which
should develop new policies in trying to catch-up with the rest of the
world in terms of economic development and increasing the welfare of
their citizens.
Providing access to finance to the lower segment of the society has also
been identified as a catalyst for economic development.12 Figure 7.3 shows
the relative state of OIC countries with respect to non-OIC countries in
different proxies that intend to capture the level of financial inclusion,
such as account ownership, credit card ownership, and saving habits at a
12
See the World Bank’s initiative UAF2020 that aims for achieving universal financial
access by 2020, which has been prioritized to be able to achieve its twin goals of eradicating
poverty and enhancing shared prosperity.
168 7 ETHICAL AND RESPONSIBLE FINANCE FOR DEVELOPMENT
6
5.26
5
4.16
4
2005 PPP $ per day
3.13
3 2.73
2.08
2 1.63
1.47
1.26
0
OIC World
Fig. 7.2 Survey mean income per capita, bottom 40 percent and total popula-
tion (2005 PPP $ per day)
Source: World development indicators
13
The users of financial services can be distinguished from nonusers, who either cannot
access the financial system or opt out from the financial system voluntarily, i.e., due to non-
availability of finance compatible with their religious beliefs.
7.2 DEVELOPMENT APPROACHES: CONVENTIONAL VERSUS ISLAMIC 169
Fig. 7.3 Different proxies for comparing financial inclusion between OIC and
non-OIC countries
Source: Findex database
and the risks high inequality poses to any economic system, it is difficult to
argue that inequality in a society can be ignored. Inequality in a society
not only damages the growth prospects of a country but also creates social
unrest and has negative effects on mobility between different income
groups. Furthermore, the alarming situation in the majority of countries,
particularly in OIC countries, as demonstrated above, calls for new
approaches and thinking on economic development.
19
For a recent rendition of Maulana Mawdudi’s ideas on Islam and economics see Ahmad
(2011).
20
Al-Sadr (1961).
21
It is noteworthy that Iqtisaduna was written after the Shaheed had already published
Falsafatuna or Our Philosophy in 1960, a book that established the ethico-philosophical
framework in which Iqtisaduna was later envisioned. M.B. Al Sadr, Falsafatuna (Beirut, Dar
al Ta’aruf 1980). A study of Falsafatuna would provide a more complete understanding of
Iqtisaduna.
22
Monzer Kahf (2006). He suggests that the book Iqtisaduna became a shining beacon
that began a new era in Islamic studies and ushered the birth of Islamic economics.
7.2 DEVELOPMENT APPROACHES: CONVENTIONAL VERSUS ISLAMIC 173
23
For example, Giri suggests that Sen’s idea of development as freedom lacks a treatment
of the self necessary for human freedom and well-being, and needs to be improved in several
areas to make it a more complete view of freedom. Ananta Kumar Giri 2000. “Rethinking
Human Well-being: A Dialogue with Amartya Sen,” Journal of International Development,
vol. 12, pp. 1003–1018.
24
For a detailed analysis of each dimension, see Abbas Mirakhor and Idris Samawi Hamid,
Islam and Development, chapter 4.
25
One who is making progress on the path to perfection is called rashı̄d. The opposite of
self-development is ghayy, meaning deep ignorance (Q 2:256).
26
See Iqbal and Mirakhor (2011). Also, see especially the chapters by Seyyed Hossein Nasr
and Ibrahim Kalin in the same volume.
174 7 ETHICAL AND RESPONSIBLE FINANCE FOR DEVELOPMENT
27
The process of self-development requires self-purification, which begins with self-aware-
ness, the first sign that the self does not have an independent existence without its Creator
and His Creation. This awareness starts an interactive process in which Allah (swt) empowers
the self along the path to perfection. Progress indicates further advancement in the recogni-
tion and knowledge of the Unity of the Creator and His Creation. For example, the degree
of sensitivity the person experiences in feeling the pain and suffering of the “other” is an
indication of the progress of purification.
28
See Qur’an (49: 54; 8: 13; 3: 65; 21: 15).
29
Zaman (2005), Barrera (2005), Marglin (1998).
7.3 ETHICS OF ISLAMIC PERSPECTIVE OF DEVELOPMENT 175
wealthy and the opulent are those who are most susceptible to responding
inappropriately. The Islamic view of scarcity is thus in contrast to conven-
tional economics, where there is never enough to go around. According
to Islam, there are sufficient resources at the global level as long as indi-
viduals share. With regard to exhaustible resources, Islam teaches that
these are the heritage of all generations and current generations must pre-
serve the right of future generations—for every individual in each genera-
tion to reap the same benefit.
The Islamic concept of development places great emphasis on the need
to focus human energy on the achievement of social solidarity and unity.
Islam’s emphasis on the social dimension is so great that there is not one
act of adoration and worship that is devoid of societal implications. The
success of each human, on this plane of existence and beyond, is made
dependent on patient and tolerant interaction and cooperation with other
humans (Qur’an 20:3). The idea is that mutual support and social solidar-
ity bring about a more tolerant and patient response to individual and
collective difficulties. It is the interconnectedness of humanity that calls
forth the order from the Supreme Creator for cooperation in good deeds
(Qur’an 2:5).
The fundamental objective of creation is to create a society in which
individuals become cognizant of all their capabilities, including the spiri-
tual. When humans are able to actualize these capabilities, it makes possi-
ble a life the Qur’an refers to as Hayat Tayyibah, the good life, a life free
of anxiety, fear, and regrets; a life of full awareness of the beauty of cre-
ation and Creator; a life of solidarity with other humans and the rest of
creation; and a life lived in the full Grace of Allah (swt). The final objective
of such a society is to ensure the actualization of the capabilities of humans
to progress along the path to perfection toward their Creator. This is the
common objective of society as well as of individuals.
30
Ali (2014) based on quote by Al-Mawardi who also reported the Prophet’s (saas) saying
that “He who displays bad ethics, his earnings will be severely curtailed.”
7.3 ETHICS OF ISLAMIC PERSPECTIVE OF DEVELOPMENT 177
31
Chapra (1983) concludes that a Muslim society that fails to provide welfare of its mem-
bers is really not worthy of the name as the Prophet (saas) declared: “He is not a true Muslim
who eats his fill when his next-door neighbor is hungry.”
178 7 ETHICAL AND RESPONSIBLE FINANCE FOR DEVELOPMENT
human other than (what is achieved through) effort and that (the results
of) his effort will be seen and then he will be repaid fullest payment”
(Q 53:39–41). The next rule governing property forbids gaining instanta-
neous property rights claim without commensurate work. The exception is
transfer via gifts from others who have gained legitimate property rights
claim on the asset transferred. The prohibition covers theft, bribery,
gambling, interest from money lent, or, generally, income from unlawful
sources.
Resources are created for all of mankind; therefore, if a person is unable
to access these resources, her/his claim to resources (as an extension of
the invariant ownership of the Creator) cannot be violated. All individuals
have a property right claim in resources even if they are unable to partake
in the act of production. These rights must be redeemed, in kind or in
monetary equivalence. In short, the Qur’an considers the more able as
trustee-agents in using these resources on behalf of the less able. In this
view, property is not a means of exclusion but inclusion in which the rights
of those less able in the income and wealth of the more able are redeemed.
The result would be a balanced economy without extremes of wealth and
poverty. The operational mechanism for redeeming the right of the less
able in the income and wealth of the more able are the network of manda-
tory and voluntary payments such as zakāt (2.5 percent on wealth), khums
(20 percent of income), and payments referred to as sadaqāt. This is the
foundation of the rule of sharing ordained by the Creator, who also threat-
ens those who shirk in meeting this obligation and violate the rule of shar-
ing (Q 24:33; 3:180; 4:36–37; 92:5–11).
The next rule governing property imposes limitations on disposing a
property over which legitimate rights are claimed. Property owners have a
severely mandated obligation not to waste, squander, or destroy (itlāf and
isrāf), use property opulently (itrāf), or as means of attaining unlawful
(harām) purposes. Once the rules governing property rights claims are
observed and related obligations, including sharing, are discharged, prop-
erty rights on the remaining part of income, wealth, and assets are held
sacred and no one has the right to force appropriations or expropriation.
Finally, distribution takes place post-production and sale when all fac-
tors of production are given what is due to them commensurate with their
contribution to production, exchange, and sale of goods and services.
Redistribution refers to the post-distribution phase when the charge due
to the less able are levied. Followers of all religions must remain fully con-
scious of their partnership with those who are less fortunate throughout
180 7 ETHICAL AND RESPONSIBLE FINANCE FOR DEVELOPMENT
the process of wealth creation and the fact that they must redeem the
rights of others in the created income and wealth. Being unable to access
resources to which they have the right does not negate the share of the
poor in income and wealth of the more able. Moreover, even after these
rights are redeemed, the remaining wealth is not to be accumulated, since
wealth is considered as the life blood of the economy. Accordingly, Islam
incorporates other philanthropic institutions such as awqāf, or endow-
ments, to play a key role in fostering all three dimensions of develop-
ment—further discussed under redistribution.
These ideas on distributive justice afford a perspective on Islamic
notions of just distribution. An important central difference between
Islam’s position and those discussed earlier is the role of the market. All
these ideas apply to market economies. Markets also play a crucial role in
Islam, but with one major difference. Epistemologically, the difference is
one of the concept of the market as an ideology and the concept of the
market as an instrument. This difference is profound. In societies known
widely as market economies, market norms are central to social relations.
In turn, market norms are determined by self-interest, which dictate
“rational” behavior as maximizing what interests the self, narrowly labeled
as satisfaction (utility or profit). Market norms, in turn, determine the pat-
tern of preferences of individuals. As Gomberg argues, market norms and
preference patterns are individualist, not communal. They have self-
seeking orientations.
In Islam, by contrast, the market is an instrument. It is not an organism
that determines the rules and norms of behavior, not even those of its own
operation. Rules that shape the pattern of preferences of participants are
determined outside the market. Participants internalize them before enter-
ing the market. The behavior of consumers, producers, and traders,
informed by their preferences, are subject to rules determined outside the
market. In a market where there is full rule compliance, the price that
prevails for goods, services, and factors of production is considered just.
The resulting incomes are considered justly earned. Therefore, the result-
ing distribution is just. However, participants will not be allowed to keep
their full earnings simply because their income was justly earned. There are
rights and entitlements of others in the resulting post-market distribution
of income and wealth that must be redeemed. This is the function of
post-market redistribution, which is governed by its own set of rules. Any
remaining wealth that is accumulated is broken up at the end of the per-
son’s life and distributed among a large number of beneficiaries spanning
7.3 ETHICS OF ISLAMIC PERSPECTIVE OF DEVELOPMENT 181
7.3.3 Redistribution (Inclusion)
Modern development theories analyzing the evolution of growth, relative
income inequalities, and economic development offer two tracks of think-
ing. One track attributes imbalances in redistribution of wealth and income
in the economy as an impediment to growth while the other track identi-
fies financial market imperfections as the key obstacle.32 Many poor fami-
lies in the developing world have limited access to formal financial services,
including credit, savings, and insurance. They instead rely on a variety of
informal credit relationships with moneylenders, relatives, friends, or mer-
chants. Traditionally, banks and other formal financial service providers
including insurance companies have not considered the poor a viable mar-
ket, and penetration rates for formal financial services in developing coun-
tries are extremely low. Increasing access to financial services holds the
promise to help reduce poverty and improve development outcomes, by
enabling the poor to smooth consumption, start or expand a business,
cope with risk, and increase or diversify household income.
There is growing evidence identifying the linkage between the eco-
nomic development and financial inclusion. Galor and Zeira (1993) and
Banerjee and Newman (1993) imply that financial exclusion not only
holds back investment, but results in persistent income inequality, as it
adds to negative incentives to save and work and encourages repeated
distribution in a society. Further evidence is supporting the significance of
financial inclusion and economic development prompting multilateral
institutions such as the World Bank to initiate Universal Financial Access
(UFA) 2020 goals. Conventional finance has developed mechanisms such
as microfinance, SME finance, and micro-insurance to enhance financial
inclusion, but these interventions are not without challenges. Key chal-
lenges include (a) high rather than affordable interest rates that have led
to distress for poor borrowers without conclusive evidence of alleviating
poverty; (b) not every micro-borrower is an entrepreneur; (c) shortage of
low-cost funding; and finally, (d) absence of market-driven funding due to
high risk perceptions.33
Islam emphasizes financial inclusion more explicitly, but two distinct
features of Islamic finance—the notions of risk sharing and redistribution
of wealth—differentiate its path of development significantly from the
conventional financial model. According to the Islamic perspective, risks
are mitigated in various ways. First, the economic system is a rule-based
system, which has provided rules of behavior and a taxonomy of decisions:
actions and their commensurate payoffs based on the principles of risk
sharing. Complying with these rules reduces uncertainty. Second, Islam
has provided ways and means to mitigate uncertainty by sharing the risks
by engaging in economic activities with fellow human beings through
exchange. Sharing allows risk to be spread and thus lowered for individual
participants. However, if a person is unable to use any of the market means
of risk sharing because of poverty, Allah (swt) has ordered a solution here
as well: the rich are commanded to share the risks of the life of the poor by
redeeming their rights derived from the Islamic principles of property
rights (Mirakhor 1989; Iqbal and Mirakhor 2011). Islam ordains risk
sharing through three main venues:
(c) inheritance rules specified in the Qur’an, through which the wealth
of a person at the time of death is distributed among current and
future generations of inheritors
in using these resources on behalf of the less able. In this view, property is
not a means of exclusion but inclusion, in which the rights of those less
able to the income and wealth of the more able are redeemed. The result
would be a balanced economy without extremes of wealth and poverty.
Instruments meant for redistribution are used to redeem the rights of
the less able in the income and wealth of the more able. Contrary to com-
mon belief, these are not instruments of charity, altruism or beneficence
but these are instruments of redemption of rights and repayment of obli-
gations. In practical terms, the Qur’an makes clear that creating a balanced
society that avoids extreme of wealth and poverty, a society in which all
understand that wealth is a blessing provided by the Creator for the sole
purpose of providing support for the lives of all of mankind is desirable.
The Islamic view holds that it is not possible to have many rich and wealthy
people who continue to focus all their efforts on accumulating wealth
without simultaneously creating a mass of economically deprived and des-
titute. The rich consume opulently while the poor suffer from deprivation
because their rights in the wealth of the rich and powerful is not redeemed.
To avoid this, Islam prohibits wealth concentration, imposes limits on
consumption through its rules prohibiting overspending (israf), waste
(itlaf), ostentatious and opulent spending (itraf). It then ordains that the
net surplus, after moderate spending necessary to maintain modest living
standard, must be returned to the members of the society who, for a vari-
ety of reasons, are unable to work, hence the resources they could have
used to produce income and wealth were utilized by the more able.
The third dimension—after risk sharing and redistributive instruments—
of distributive justice in the institutional scaffolding of an Islamic society
is the institution of inheritance crucial in the intergenerational justice
framework envisioned by the Law Giver. Rules governing production,
consumption, and distribution assure conservation of resources for the
next generations. Rules of redistribution ensure that those unable to ben-
efit by participating directly in production and consumption in the mar-
ket, through the combination of their labor and their right of access to
resources provided by the Supreme Creator for all humans, are redeemed
their rights through zakah, khums, sadaqat, waqf and other redistributive
mechanisms. Once these rights have been redeemed out of the income
and wealth of the more economically able, the latter’s property rights on
the remaining income and wealth are held inviolable. These rights, how-
ever, cease at the point of passing of a person. At the time of passing, the
person loses the right to allocate his/her wealth as he/she pleases except
7.4 CONCLUSION 185
on a third of income that believers can use to make waqf, sadaqat, or other
transfer contributions as the person wishes. The remainder is broken up
and has to be distributed among a large number of persons and categories
according to strict rules of allocation specified in the Qur’an (see Verses
11–13, Chapter 4).
7.4 Conclusion
Thus, a true Islamic economic system is a market-based system, but with
entrenched Islamic behavior and goals (objectives/rules/institutions)
attributed to consumers, producers, and to government (authorities), and
with institutions as outlined above. For economic analysis, some of these
Islamic values and goals can be introduced into the conventional behavioral
functions of consumers and producers and others can be added as con-
straints in the maximization of consumer utility and producer profit. Based
on the Islamic vision elaborated in this paper, we expect the Islamic solu-
tion to differ in the following important ways from the conventional:
greater degree of justice in all aspects of economic management, higher
moral standard, honesty and trust exhibited in the marketplace and in all
economic transactions, poverty eradication, a more even distribution of
wealth and income, no hoarding of wealth, less opulence in consumption,
no exploitive speculation, risk sharing as opposed to debt contracts, better
social infrastructure and provision of social services, better treatment of
workers, higher education expenditures relative to GDP, higher savings
and investment rates, higher trade/GDP, higher foreign aid/GDP, higher
degree of environmental preservation, and vigilantly supervised markets. It
would be expected that these differences would be reflected in higher
quantitative and qualitative economic growth if the Islamic rules and objec-
tives were adopted. One would expect to achieve higher rate of growth
because of higher investment rate, higher educational expenditures, higher
social awareness, better functioning markets, higher level of trust, and insti-
tutions that have empirically been shown to be critical for growth.
Given the virtues governing property rights, work, production,
exchange, markets, distribution, and redistribution, it is reasonable to
conclude that in an Islamic society—a rule complying and Allah (swt)-
conscious society—absolute poverty could not exist. It can be argued that
there is no topic more emphasized in Islam than poverty and the respon-
sibility of individuals and society to eradicate it. The Prophet (sawa) said
that poverty is near disbelief and that poverty is worse than murder. It is
186 7 ETHICAL AND RESPONSIBLE FINANCE FOR DEVELOPMENT
almost axiomatic that in any society in which there is poverty, Islamic rules
are not being observed. It means that the rich and wealthy have not
redeemed the rights of others to their income and wealth and that the
state has failed to take corrective action.
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Index1
debt financing, 108, 109, 111, 112, 127, 128, 130, 131, 131n22,
114, 115, 125 138, 143, 144, 145n7
debt system, 146, 151, 153, 154 financial ethics, 6
decoupling, 107, 116 financial inclusion, 167, 169, 181–3
deposit insurance, 108, 114, 124–6 financial instability, 113, 115,
development, 1, 26, 36, 163–70, 117, 125
172–6, 180–2 financial institutions, 1, 7, 9, 10, 138,
dignity, 38–40, 42, 43 144, 146, 152, 155
disclosure, 93, 98 financial intermediaries, 125–7
distribution, 82, 83, 89–91, 164, 165, financialization, 110, 111, 116, 117
166n11, 170, 176–82, 184, 185 financial regulation, 124–6
financial repression, 115, 116
financial scandals, 1, 2, 5, 10
E financial sector, 10, 15, 16, 139,
economic crime(s), 7, 16–21, 42 143, 151
economic development, 164–70, 172, financial systems, 104, 109–11,
181, 182 113–17, 124, 125, 127, 128
economic growth, 164, 165, 166n11, fractional reserve, 109n8, 113–15,
168, 172, 185 124, 125, 128
economic justice, 67, 103, 119–23,
129, 176, 177
economic system, 91, 93 G
environmental, 96, 97 generic rights, 37, 42
environmental issues, 97 generosity, 76
equilibrium, 150 globalization, 1, 12, 17, 20
equity, 108, 109, 111–14, 118, 119, governance, 1, 2, 5, 6, 9, 19, 20, 22
121, 122, 125, 128, 164,
181, 183
equity financing, 108, 109, 113 H
ethical business, 81–101 honesty, 78
ethics, 25–53, 61–79 human development, 171, 176
excessive consumption, 83, 97 human dignity, 30, 38–40, 42
excessive risk, 5, 6, 9, 10 human goods, 37, 39–41
expropriation, 8 humility, 76–8
F I
fair treatment, 88, 95, 100 income distribution, 164, 165,
financial crimes, 1, 2, 17, 19–21, 30, 176, 181
41, 42 inequality, 12–14, 40, 41, 140, 143,
financial crisis, 1–3, 6–11, 13, 15, 17, 144, 145n7, 147, 150, 156, 158,
18, 21, 94, 112, 115, 124, 125, 163, 165, 166, 168, 169, 182
INDEX
191
O
J obligations, 70, 70n23, 71, 71n27,
juridical ethics, 63, 63n9, 64 73, 74, 76, 76n39
justice, 15, 35, 44, 47–9, 47n74, 64, OIC countries, 166–9
66–8, 71, 75, 81–3, 87, 88, 95,
99, 100, 172, 174, 176–8, 180,
184, 185 P
paper economy, 14, 16, 139, 151
poverty, 67, 68, 164, 166, 166n9,
L 166n10, 167, 167n12, 170, 173,
leverage, 114–16, 127, 128 176, 179, 181, 182, 183n34,
184–6
poverty reduction, 164, 166
M price controls, 84, 85
market(s), 1, 2, 4–6, 8, 12, 14–18, production process, 89, 90
27, 45–50, 82–6, 92, 94 profit maximization, 170, 176
market behavior, 84, 86 property, 68, 69, 69n19, 69n20,
market conduct, 82–6 73, 74
market norms, 180 property rights, 69, 84, 89, 93, 104,
monetary policy, 117, 118, 127 105, 110, 117, 129, 141, 145,
moral character, 44, 45, 48, 61, 64 146, 149, 171, 178, 179, 182–5
moral consequences, 164 prosperity, 164, 166n11, 167n12, 176
moral failure, 5, 11, 14, 20 prudence, 46, 47
moral foundation, 39, 42
moral hazard, 5, 6n8, 112, 114, 124,
125, 152, 153, 156 R
moral norms, 26, 37–41 real economy, 109n8, 110, 126
moral philosophy, 45, 49 real sector, 16
moral principle, 25, 26, 30, 31, 34, redistribution, 138, 153, 158, 176,
38, 39, 42, 45 177, 179–85
192 INDEX