001

Table of Contents
 
Title Page
Copyright Page
Dedication
 
Table of Figures
Foreword
Preface
Acknowledgements
 
Part I - Fundamentals
Chapter 1 - Introduction
 
1.1 ECONOMIC SCENARIO IN THE NEOCLASSICAL FRAMEWORK
1.2 CONVENTIONAL DEBT: A RECIPE FOR EXPLOITATION
1.3 GROWTH PER SE MAY NOT LEAD TO SOCIO-ECONOMIC JUSTICE
1.4 SOCIAL WELFARE ACTIVITIES OF THE STATES
1.5 THE MAIN CULPRIT
1.6 THE NEED OF THE HOUR
1.7 ECONOMICS AND RELIGION
1.8 ISLAMIC PRINCIPLES CAN MAKE THE DIFFERENCE
1.9 REGULATING TRADE AND BUSINESS
1.10 ISLAMIC FINANCE PASSING SIGNIFICANT MILESTONES
1.11 COULD IT WORK TO ACHIEVE THE OBJECTIVES?
1.12 ABOUT THIS BOOK
 
Chapter 2 - Distinguishing Features of the Islamic Economic System
 
2.1 INTRODUCTION
2.2 ISLAMIC SHARI’AH AND ITS OBJECTIVES
2.3 WHY STUDY ISLAMIC ECONOMICS?
2.4.1 Islamic Economics Defined
2.5 PARAPHERNALIA OF ISLAMIC ECONOMICS
2.6 SUMMARY
 
Chapter 3 - The Main Prohibitions and Business Ethics in Islamic Economics and Finance
 
3.1 INTRODUCTION
3.2 THE BASIC PROHIBITIONS
3.3 BUSINESS ETHICS AND NORMS
3.4 SUMMARY AND CONCLUSION
 
Chapter 4 - The Philosophy and Features of Islamic Finance
 
4.1 INTRODUCTION
4.2 THE PHILOSOPHY OF ISLAMIC FINANCE
4.3 DEBT VERSUS EQUITY
4.4 ISLAMIC BANKING: BUSINESS VERSUS BENEVOLENCE
4.5 EXCHANGE RULES
4.6 TIME VALUE OF MONEY IN ISLAMIC FINANCE
4.7 MONEY, MONETARY POLICY AND ISLAMIC FINANCE
4.8 SUMMARY
 
Part II - Contractual Bases in Islamic Finance
Chapter 5 - Islamic Law of Contracts and Business Transactions
 
5.1 INTRODUCTION
5.2 MĀL (WEALTH), USUFRUCT AND OWNERSHIP
5.3 GENERAL FRAMEWORK OF CONTRACTS
5.4 ELEMENTS OF A CONTRACT
5.5 BROAD RULES FOR THE VALIDITY OF MU‘ĀMALĀT
5.6 W‘ADAH (PROMISE) AND RELATED MATTERS
5.7 TYPES OF CONTRACTS
5.8 COMMUTATIVE AND NONCOMMUTATIVE CONTRACTS
5.9 CONDITIONAL OR CONTINGENT CONTRACTS
5.10 SUMMARY
 
Chapter 6 - Trading in Islamic Commercial Law
 
6.1 INTRODUCTION
6.2 BAI‘ - EXCHANGE OF VALUES
6.3 LEGALITY OF TRADING
6.4 TYPES OF BAI‘
6.5 REQUIREMENTS OF A VALID SALE CONTRACT
6.6 RIBA INVOLVEMENT IN SALES
6.7 GHARAR - A CAUSE OF PROHIBITION OF SALES
6.8 CONDITIONAL SALES AND “TWO BARGAINS IN ONE SALE”
6.9 BAI‘ AL‘ARBUN (DOWNPAYMENT SALE)
6.10 BAI‘ AL DAYN (SALE OF DEBT)
6.11 AL ‘INAH SALE AND THE USE OF RUSES (HIYAL)
6.12 OPTIONS IN SALES (KHIYAR)
6.13 SUMMARY
 
Chapter 7 - Loan and Debt in Islamic Commercial Law
 
7.1 INTRODUCTION
7.2 THE TERMS DEFINED
7.3 ILLEGALITY OF COMMERCIAL INTEREST
7.4 LOANING AND THE BANKING SYSTEM
7.5 GUIDANCE FROM THE HOLY QUR’ĀN ON LOANS AND DEBTS
7.6 THE SUBSTANCE OF LOANS
7.7 REPAYMENT OF THE PRINCIPAL ONLY
7.8 TIME VALUE OF MONEY IN LOANS AND DEBTS
7.9 INSTRUCTIONS FOR THE DEBTOR
7.10 INSTRUCTIONS FOR THE CREDITOR
7.11 HUSNAL QADHA (GRACIOUS PAYMENT OF LOAN/DEBT)
7.12 REMITTING A PART OF A LOAN AND PREPAYMENT REBATE
7.13 PENALTY ON DEFAULT
7.14 HAWALAH (ASSIGNMENT OF DEBT)
7.15 SECURITY/GUARANTEE (KAFALAH) IN LOANS
7.16 BAI‘ AL DAYN (SALE OF DEBT/DEBT INSTRUMENTS)
7.17 IMPACT OF INFLATION ON LOANS/DEBTS
7.18 SUMMARY
 
Part III - Islamic Finance - Products and Procedures
Chapter 8 - Overview of Financial Institutions and Products: Conventional and Islamic
 
8.1 INTRODUCTION
8.2 WHAT IS BANKING OR A BANK?
8.3 THE STRATEGIC POSITION OF BANKS AND FINANCIAL INSTITUTIONS
8.4 CATEGORIES OF CONVENTIONAL FINANCIAL BUSINESS
8.5 THE NEED FOR ISLAMIC BANKS AND NBFIS
8.6 THE ISSUE OF MODE PREFERENCE
8.7 ISLAMIC INVESTMENT BANKING
8.8 ISLAMIC FINANCIAL MARKETS AND INSTRUMENTS
8.9 SUMMARY AND CONCLUSION
 
Chapter 9 - Murabaha and Musawamah
 
9.1 INTRODUCTION
9.2 CONDITIONS OF VALID BAI‘
9.3 MURABAHA - A BAI‘ AL AMANAH
9.4 BAI‘ MURABAHA IN CLASSICAL LITERATURE
9.5 THE NEED FOR MURABAHA
9.6 SPECIFIC CONDITIONS OF MURABAHA
9.7 POSSIBLE STRUCTURES OF MURABAHA
9.8 MURABAHA TO PURCHASE ORDERER (MPO)
9.9 ISSUES IN MURABAHA
9.10 PRECAUTIONS IN MURABAHA OPERATIONS
9.11 MUSAWAMAH (BARGAINING ON PRICE)
9.12 SUMMARY
 
Chapter 10 - Forward Sales: Salam and Istisna‘a
 
10.1 INTRODUCTION
10.2 BAI‘ SALAM/SALAF
10.3 BENEFITS OF SALAM AND THE ECONOMIC ROLE OF BAI‘ SALAM
10.4 FEATURES OF A VALID SALAM CONTRACT
10.5 SECURITY, PLEDGE AND LIABILITY OF THE SURETIES
10.6 DISPOSING OF THE GOODS PURCHASED ON SALAM
10.7 SALAM - POST EXECUTION SCENARIOS
10.8 SALAM-BASED SECURITIZATION - SALAM CERTIFICATES/SUKUK
10.9 SUMMARY OF SALAM RULES
10.10 SALAM AS A FINANCING TECHNIQUE BY BANKS
10.11 ISTISNA‘A (ORDER TO MANUFACTURE)
 
Chapter 11 - Ijarah - Leasing
 
11.1 INTRODUCTION
11.2 ESSENTIALS OF IJARAH CONTRACTS
11.3 GENERAL JURISTIC RULES OF IJARAH
11.4 MODERN USE OF IJARAH
11.5 ISLAMIC BANKS’ IJARAH MUNTAHIA-BI-TAMLEEK
11.6 SUMMARY OF GUIDELINES FOR ISLAMIC BANKERS ON IJARAH
 
Chapter 12 - Participatory Modes: Shirkah and its Variants
 
12.1 INTRODUCTION
12.2 LEGALITY, FORMS AND DEFINITION OF PARTNERSHIP
12.3 BASIC RULES OF MUSHARAKAH
12.4 THE CONCEPT AND RULES OF MUDARABAH
12.5 MUDARABAH DISTINGUISHED FROM MUSHARAKAH
12.6 MODERN CORPORATIONS: JOINT STOCK COMPANIES
12.7 MODERN APPLICATION OF THE CONCEPT OF SHIRKAH
12.8 DIMINISHING MUSHARAKAH
12.9 DIMINISHING MUSHARAKAH AS AN ISLAMIC MODE OF FINANCE
12.10 SUMMARY AND CONCLUSION
 
Chapter 13 - Some Accessory Contracts
 
13.1 INTRODUCTION
13.2 WAKALAH (AGENCY)
13.3 TAWARRUQ
13.4 JU‘ALAH
13.5 BAI‘ AL ISTIJRAR (SUPPLY CONTRACT)
 
Chapter 14 - Application of the System: Financing Principles and Practices
 
14.1 INTRODUCTION
14.2 PRODUCT DEVELOPMENT
14.3 THE NATURE OF FINANCIAL SERVICES/BUSINESS
14.4 PROSPECTS AND ISSUES IN SPECIFIC AREAS OF FINANCING
14.5 ISLAMIC BANKS’ RELATIONSHIP WITH CONVENTIONAL BANKS
14.6 FEE-BASED ISLAMIC BANKING SERVICES
14.7 SUMMARY AND CONCLUSION
 
Chapter 15 - Sukuk and Securitization: Vital Issues in Islamic Capital Markets
 
15.1 INTRODUCTION
15.2 THE CAPITAL MARKET IN AN ISLAMIC FRAMEWORK
15.3 SECURITIZATION AND SUKUK
15.4 SUMMARY AND CONCLUSION
 
Chapter 16 - Takaful: An Alternative to Conventional Insurance
 
16.1 INTRODUCTION
16.2 THE NEED FOR TAKAFUL COVER
16.3 THE SHARI’AH BASIS OF TAKAFUL
16.4 HOW THE TAKAFUL SYSTEM WORKS
16.5 TAKAFUL AND CONVENTIONAL INSURANCE COMPARED
16.6 STATUS AND POTENTIAL OF THE TAKAFUL INDUSTRY
16.7 TAKAFUL CHALLENGES
 
Chapter 17 - An Appraisal of Common Criticism of Islamic Banking and Finance
 
17.1 INTRODUCTION
17.2 THE COMMON MYTHS AND OBJECTIONS
17.3 APPRAISAL OF CONCEPTUAL CRITICISM
17.4 APPRAISAL OF CRITICISM ON ISLAMIC BANKING PRACTICE
17.5 CONCLUSION
 
Chapter 18 - The Way Forward
 
18.1 INTRODUCTION
18.2 AGENDA FOR THE POLICYMAKERS
18.3 POTENTIAL, ISSUES AND CHALLENGES FOR ISLAMIC BANKING
18.4 CONCLUSION
 
Glossary
Bibliography
Arabic/Urdu Sources
Suggested Further Readings
Index

Table of Figures
 
Figure 6.1 Forms of Bai‘ with respect to counter values
Figure 6.2 Elements of valid Bai‘
Figure 13.1 The Ju‘alah process
Figure 15.1 Flow diagram of the securitization process
Figure 15.2 Flow diagram of IDB mixed portfolio Sukuk issue, 2003

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001

In the Name of Allah,
the Most Merciful, the Most Beneficent
For my youngest daughter, Wardah

Foreword
The last decade has seen an unprecedented growth not only in the practice of Islamic banking and finance but also in the literature on Islamic finance. This book, however, is not merely another addition to the available literature. It has a marked distinction. It not only places theory and practice in one place along with Sharī’ah (Islamic law) underpinnings, but also provides an objective assessment of conformation of the practice to the theory. A good coverage of recent innovation in Islamic financial products is also a distinguishing feature of this book.
Islamic finance is a subject that has now been recognized as a distinct academic discipline to be included in the curricula of economics, business, finance and management faculties of institutions of higher learning. There are several universities and institutions, both in Muslim and other countries, that are teaching courses on Islamic banking and finance. These teaching programmes, however, have been seriously constrained by the non-availability of a standard textbook to be followed. I can say with confidence that this book carries the status of a textbook to be prescribed in the senior levels of undergraduate programmes as well as in graduate programmes in the relevant faculties.
Islamic finance is still a new subject. There is great interest in conducting research on different aspects of its theory and practice in the contemporary set-up. Students of economics and finance keenly look for topics of research in this field. The analytical approach adopted in this book is conducive to bringing to light potential areas of research. Thus, research students in the area of Islamic finance should find this book a must read.
The author of the book has a long experience of research in the State Bank of Pakistan (the central bank of the country), which has played, during the last decade, a significant role in promoting Islamic finance in the country. By virtue of his position in the research department of the State Bank of Pakistan, he has a very valuable insight into the operations of Islamic banks as well as their feasibility to survive in competition with the conventional banks in the country. His approach in presenting the material in this book is very pragmatic. The book, thus, is a useful guide to all those who would like to establish an Islamic bank or would like to work in Islamic financial institutions.
I congratulate the author as well as the publisher in bringing out this useful book.
 
M. Fahim Khan
Division Chief
Islamic Research and Training Institute
Islamic Development Bank
Jeddah, Saudi Arabia

Preface
Islamic scholars have been critically examining the modus operandi of modern commercial banks ever since their establishment in the Muslim world in the last decade of the nineteenth century. As time passed, the consensus emerged among the scholars that the system was against the principles of Sharī’ah, mainly because of paying/charging returns on loans and debts. Keeping in mind that direct or indirect intermediation between resource surplus and resource deficit units was necessary to fulfil the growing needs of human societies and for the development of business and industry, Islamic scholars and economists started offering conceptual models of banking and finance as a substitute for the interest-based financial system by the middle of the twentieth century.
Institutions offering Islamic financial services started emerging in the 1960s in isolation, but the movement of Islamic banking and finance gained real momentum with the establishment of Dubai Islamic Bank and the Jeddah-based Islamic Development Bank in 1975. In the evolutionary process, the initial theoretical model of two-tier Mudarabah developed into a versatile model enabling the Islamic financial institutions (IFIs) to conduct trading and leasing business to earn profit and pass on a part of the same to the savers/investors. To complete the cycle of Islamic finance, institutions offering Takaful services started emerging in 1979 as a substitute for the modern insurance system.
While the increasing involvement of the Sharī’ah scholars, creative work by research institutions like the IRTI (IDB) and the issuance of Sharī’ah Standards by the AAOIFI (Bahrain) provided a critically needed base to the emerging financial discipline, participation of the world’s top banking institutions like HSBC, BNP Paribas and Citigroup in the 1990s provided a driving force to transform it from a niche discipline to a global industry. The establishment of the Islamic Financial Services Board (IFSB) in 2002, as a standard-setting institution, also paved the way for making Islamic finance a globally acceptable proposition. It provided impetus for the promotion and standardization of financial operations of Islamic financial institutions (IFIs), involving consultations among the relevant regulating authorities and the international financial institutions. The emergence of Sukuk as investment and liquidity management instruments in the last six years not only tended to complete the investment cycle in the emerging financial structure, but also provided a powerful driving force for its development, with huge potential ahead.
The above progress reveals that the Islamic finance industry has crossed the significant milestone of having increasingly wider acceptance at a global level. The amazing development so far, the present state of affairs and the challenges ahead give rise to some crucial considerations for the experts, policymakers and practitioners in Islamic finance. First, the rapid growth of the industry over the last decade has enhanced the demand for committed, devoted and professionally trained personnel for Islamic banking operations. Second, the industry, as it has emerged, is facing a credibility challenge on the grounds of lack of awareness among the public and also due to the general perception that Islamic banks’ present framework, with a reliance on debt-creating modes like Murabaha, might not be helpful in realizing the objectives that its pioneers had visualized for transforming the interest-based financial system to a system compatible with the tenets of the Sharī’ah.
Bankers, the business community, industrialists, Sharī’ah scholars and the general public need to know what Islamic finance is, what its features are and how it works. In particular, students of business and finance, the product developers for the emerging industry and the personnel involved in operations need to have proper knowledge of the principles of Islamic finance, the essential requirements of different Islamic modes of financing and how they can be applied to various operations and services of banks and financial institutions. Accordingly, the availability of any comprehensive book, covering both theory and practical aspects of Islamic finance, is regarded a prerequisite for promoting Islamic banking and finance.
In the above scenario, I was asked by John Wiley & Sons to produce a write-up that could serve as a textbook for students, bankers and all others who want to understand the philosophy, modes, instruments and operations of Islamic banking and financial institutions. I accepted the challenge and worked on the outline, covering Islamic economics as the basis of Islamic finance, principles of Islamic finance, the main features of Islamic commercial law, modes, products and procedures to be adopted by Islamic financial institutions and the role Islamic finance can play in the development of the financial system and economies. The book contains discussion on the basic modes, followed by the procedures that IFIs are using or may adopt to fund a variety of clients, ensuring Sharī’ah compliance. Practical and operational aspects covering deposit and fund management by Islamic banks involving financing of various sectors of the economy, risk management, accounting treatment and the working of Islamic financial markets and instruments have been discussed in suitable detail.
The external reviewer of Wiley, while giving his expert opinion on the original manuscript, suggested adding a chapter on appraisal of common criticism of Islamic banking and finance. Although such discussions were there in scattered places in the book, covering all criticism and misconceptions about the principles and operations of Islamic banks in one chapter in the final manuscript will hopefully help readers to remove confusion, besides adding value to the book.
In preparing the book, I have benefited from the traditional books of Islamic jurisprudence, the literature available so far on Islamic banking and finance, resolutions of the Islamic Fiqh Council of the OIC - the highest body representing Sharī’ah scholars of all major Islamic countries, the Sharī’ah Standards developed by the AAOIFI and rulings of the Sharī’ah boards of some Islamic banks. As such, it reflects the consensus/mainstream viewpoint relating to principles of the Islamic financial system, modes of financing and their essential Sharī’ah requirements that are recognized on a wider scale and are the bases for Islamic banking practices in the Middle East and other parts of the world. In places, the minority view in respect of some products has also been included to give a measure of dissent.
Among those who accept the prohibition of interest, there are two approaches: according to the mainstream approach, IFIs can use both categories of Islamic modes, while some believe that Islamic banking, in letter and spirit, means only Shirkah-based transactions. The latter perception is that Islamic finance, which was originally conceived as a two-tier Mudarabah, has shifted to debt-creating modes that are almost similar to the interest-based products of the banks, and as such, Islamic banks’ business also yields fixed returns as in the case of the interest-based system. According to the mainstream approach, however, the issue of mode selection is one of a preference for some over others and not one of prohibition of debt-creating/fixed-return modes, and hence IFIs can use both categories of modes subject to observance of the Sharī’ah rules relating to trade and lease transactions and keeping in mind the risk profile of the savers/investors and the nature of business, profitability and cash flow of the entrepreneurs seeking facilities from the Islamic banks.
The message this author intends to convey is that IFIs need to carefully observe the principles of Islamic finance with Sharī’ah inspiration while using any of the permitted modes. It is, however, a fact that an important factor determining the integrity of their operations, besides Sharī’ah compliance and the professional competence of their incumbents, is the possible impact of Islamic banks’ operations on the clients and the society or economy. A common question faced by the practitioners is whether the Islamic banking in vogue will be able to remove distortions created by the interest-based system, even in the long run. It requires, on the one hand, that the role of partnership modes and equity-based capital in Islamic banks’ operations needs to be enhanced and, on the other hand, the stakeholders need to be educated and apprised that all Islamic modes can play a positive role in development and capital formation, if used by banks observing the Sharī’ah rules. Further, banking is only one part, though the most strategic one, of the overall system of finance and economics. Fiscal, credit and monetary policies of the states have a crucial impact on the financial business in any economy. This would require the creation of real-asset-based money only and promoting retail and corporate financial services on the basis of fair play and risk-sharing. Therefore, for sustainable and all-pervasive development of economies and the welfare of human beings as a whole, the real-asset-based system of finance with care for socio-economic ethics needs to be introduced gradually on a wider scale.
I hope that the work in hand will prove to be a useful source material for understanding the principles, modes and operations of Islamic finance for all those who want to have such knowledge, especially those who intend to apply it for providing Sharī’ah-compliant solutions to investors and fund users.
I pray to the Almighty to accord His acceptance to this effort, made solely to spread knowledge about and promote observance of the injunctions of the Sharī’ah in economic and financial dealings, and make this book a means of disseminating the concept of Islamic banking and finance, forgiving me for any inadvertent errors and omissions.
 
Muhammad Ayub
Director
Training, Development and Shariah Aspects
Institute of Islamic Banking and Insurance (IIBI)
London

Acknowledgements
Credit for this work primarily goes to my friend Riaz Ahmad, who introduced me to John Wiley & Sons, and to Caitlin Cornish, Senior Commissioning Editor for the Finance list at Wiley, who asked me to produce a textbook on Islamic finance. Other people at Wiley, who persistently persuaded me to carry on the work, include Emily Pears and Vivienne Wickham and the rest of the editorial staff of this wide-range publishing house. I am deeply obliged to all of them and also to the external reviewer who examined the first version of the manuscript and suggested the addition of a chapter “An Appraisal of Common Criticism of Islamic Banking and Finance”, which added value to the book.
I have extensively benefited from the scholarly works of a number of institutions and individuals in the preparation of the book. The institutions include: the Islamic Fiqh Council of the OIC, Jeddah (their resolutions); the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), Bahrain (Sharī’ah and accounting standards); the Council of Islamic Ideology, Pakistan (report on elimination of interest from the economy, June 1980); the Federal Shariat Court, Pakistan ( judgement on Riba, November, 1991); the Shariat Appellate Bench of the Supreme Court of Pakistan ( judgement on Riba, December, 1999, along with scholarly discussions on all related issues).
A large number of publications of the Jeddah-based Islamic Development Bank’s Islamic Research and Training Institute (IRTI) provided me with an extensive opportunity to study various conceptual and practical aspects of Islamic banking and finance. The institute deserves my deep appreciation and gratitude. I must gratefully appreciate the invaluable services of Dr Ahmad Mohamed Ali, President of the IDB, in rendering the IRTI a reference point for anyone desirous of understanding conceptual and operational contours of the emerging Islamic finance industry. The scholars associated with IRTI from whose works I especially benefited include: Dr M. Umer Chapra, Dr Mabid Ali Al-Jarhi, Dr Monzer Kahf, Dr M. Fahim Khan, Dr Munawar Iqbal, Dr Tariqullah Khan, Dr Ausaf Ahmad and Dr Habib Ahmed.
Scholarly works of a large number of other personalities also helped me a lot in the preparation of this book. I pay my profound gratitude to all of them. The following names come instantly to my mind: Dr Muhammad Nejatullah Siddiqi, Shaikh Siddiq M. Al-Amen Al-Dhareer, Justice Muhammad Taqi Usmani, Dr Wahbah Zuhayli, Dr Mahmoud Amin El-Gamal, Dr S.M. Hasanuz Zaman, Dr Abbas Mirakhor, Dr Mohammed Obaidullah, Dr Mohsin S. Khan, Dr Nadeem ul Haque, Dr Zamir Iqbal, Dr Ziauddin Ahmad and Dr M. Tahir Mansoori.
A large number of specialists and practitioners helped me to gain clarification on conceptual issues and practical aspects of Islamic banking and finance. I wish to record my thanks and gratitude to all of them. The following deserve special mention: Mr Hassan Kaleem, Sharī’ah Advisor, Al Baraka Bank, Pakistan; Mr Muhammad Najeeb Khan, Sharī’ah Advisor, Habib Metropolitan Bank, Pakistan; Mr Anwar Ahmad Meenai, Head Islamic Banking Division, National Bank of Pakistan; Mr Mohammad Sajid, CEO, JS Finance, Jahangir Siddiqi & Co., Karachi; Mr Ashar Nazim and team, The Capital Partners, Karachi; Mr Omer Mustafa Ansari, Ford Rhodes Sidat Hyder & Co., Karachi; Mr Muhammad Faisal Shaikh, Head Product Development, Bank Islami Pakistan; Mr Ahmad Ali, Head Product Development, Meezan Bank, Pakistan.
My very special thanks are due to Dr S.M. Hasanuz Zaman, former Chief, Islamic Economics Division of the State Bank of Pakistan and Ch. Rashid Ahmad Javed, former Director of the State Bank of Pakistan, who gave a thorough reading to a number of chapters of the book and suggested needed amendments/improvements.
While I am greatly obliged to all of the above-mentioned institutions and scholars, I am solely responsible for any inadvertent mistakes.
I would also like to record my thanks to Mr Riaz Riazuddin, Economic Advisor, State Bank of Pakistan, who encouraged me to take up the Wiley project I was initially hesitant to accept because of my official responsibilities at the State Bank and the volume of work required to accomplish the job. I would be rather ungrateful if I did not take this opportunity to pay thanks to the State Bank of Pakistan and its training arm (the National Institute of Banking and Finance, or NIBAF), where together I spent 27 years and got the opportunity to pursue my research work in Islamic economics, banking and finance.
Mr Bashir Ahmad Zia, Chief Librarian, and other staff of the library of the State Bank of Pakistan also deserve my gratitude for providing me the opportunity to consult books and journals from time to time. Their facilitation helped me a lot in the completion of the project. Indeed, I am deeply obliged to all of them.
Last, but not least, my thanks are also due to Muhammad Yousuf, my long-associated colleague at the State Bank and NIBAF, for composing and re-composing the manuscript and helping me to produce this work in an orderly manner.
Muhammad Ayub

Part I
Fundamentals

1
Introduction

1.1 ECONOMIC SCENARIO IN THE NEOCLASSICAL FRAMEWORK

Since the failure of the centralized economic system of the East in the 1980s, the efforts of economists, experts, policymakers and governments around the world have been focused on strengthening market forces to achieve optimal economic growth and sustainable development at national and global levels. However, despite some trivial development, market forces have failed to achieve balanced and equitable growth, not only at individual countries’ level but also regionally among both developed and developing countries.
While the capitalist system, canonized at Bretton Woods in 1944, allowed a free hand to the capitalist countries and within them the firms and individuals to maximize their profits with minimal consideration of the human aspects, norms and ethics, the post-Bretton Woods system, based on excessive creation of monies, particularly the US Dollar, resulted in “oceans” of poverty around the world.1
Communism was the opposite of capitalism as far as the capitalization of resources was concerned, while ownership was hypothetical and control was centralized. Due to this extremist unbalanced behaviour, it had to go after completing its short cycle of less than a century.
Capitalism does not monopolize all resources directly but through several diversified media with different levels and distribution controls, like a master-slave set-up. Due to strong political and institutional support at international level, effectively giving veto to big powers over the activities of the IMF and the World Bank, neocapitalism has taken a longer time cycle, but as all limits have been crossed, it could at any time lead to collapse, inflicting heavy losses on the global economy.
“Greed” - the unbridled pursuit of wealth - has become the most popular slogan of individuals and particularly of the corporate world, leaving the masses to misfortune. Money created out of nothing has strengthened the exploitation mechanism and widened the gap between the haves and the have-nots. The resultant economic scenario has led to the following concerns for mankind:
• human behaviour guided only by self-interest - no concern for behavioural aspects;
• no discipline in the creation of high-powered money, leading to unjust and exploitative payment systems and illegitimate control over the resources of weaker individuals and nations;
• contradictory policies - leaving the crucial functions of providing health, education and the basic needs of the masses to a market characterized by forces like “self interest”, liberalization and deregulation, under the banner of alleviating poverty and increasing literacy levels, etc. is clearly contradictory;
• no or dubious concern for human dignity and rights;
• no care for the weak and the oppressed classes;
• no concern for justice, fair play and equity;
• the influential and the elite exploiting the weak - leading to a phenomenal concentration of wealth together with large-scale hunger and poverty;
• unhindered unethical practices like deceitful advertisements to allure consumers, leading to hefty salary packages for the marketing “experts” and leaving the real contributors to national and global production and the consumers at the mercy of market forces.
The following remarks of Keynes about harmony between private and social interests aptly sum up the actual situation in the world and lend support to the above view:
“The world is not so governed from above that private and social interests always coincide. It is not so managed here below that in practice they coincide. It is not a correct deduction from the principles of economics that enlightened self-interest always operates in the public interest. Nor is it true that self-interest generally is enlightened; more often individuals acting separately to promote their own ends are too ignorant or too weak to attain even these.” 2

1.2 CONVENTIONAL DEBT: A RECIPE FOR EXPLOITATION

The grim situation briefly portrayed above is not limited to the poor or the least developed countries in Africa, Asia and other areas of the planet. Inequity has become the hallmark and the most serious problem facing mankind in all societies. Masses of people in almost all emerging/developing, Islamic and non-Islamic, and even developed and industrialized economies are facing the same fate. The interest-based financial system is a major hurdle in achieving distributive justice. It is creating unrepayable debt - making a class of people richer and leaving others poorer and oppressed.
Excessive debt and its servicing are the striking features of the interest-based mechanism: yesterday’s debt can be repaid by taking out more debt today. It is not only stifling economic growth but also crippling the efforts made by the World Bank, IMF and other donors to reduce poverty in poor countries. It also distorts the payments systems, on account of which the concern for just and fair incomes and earnings is being accorded the least consideration. No one cares who is going to pay the debt: which future generations and from where? This kind of behaviour - avoiding the payment of currently owed debt - is not acceptable under any divine religion. In Islamic Sharī’ah, debt liability is subject to strict accountability on the Day of Judgement.
The economic problems of underdeveloped countries (UDCs) have emanated largely from their excessive debt accumulation. The cost incurred in the form of interest has to be paid by successive governments through increasing rates, taxes and charges on consumption goods and utilities. For servicing the debts, governments raise taxes without providing any socio-economic amenities or quid pro quo. Their foreign exchange earnings, including export proceeds and remittances of expatriates, are also consumed by debt servicing.
This has led to an ever-increasing share of risk-free capital, vis-à-vis risk-based capital and business, resulting in business failures, unemployment and, ultimately, gross inequalities of income and wealth. It has exerted disastrous effects by reinforcing the tendency towards wealth accumulation in fewer hands together with large-scale hunger and poverty. The unproductive and wasteful spending both by individuals and governments, which the interest-based mechanism and easily available credit have the tendency to promote, has led to a decline in savings, real investments and employment opportunities. The system, combined with inflation, becomes a recipe for economic instability and chaos. This affects the poor and the middle class, who together comprise the major part of the population, and thereby the level of national savings, leading the economies into a vicious circle of poverty and gross injustice.
So-called debt relief packages have failed to resolve the real issue of poverty alleviation. In the recent past, debt relief has been provided to 27 countries, most of which are from Sub-Saharan Africa. According to a World Bank report, the debt stock of these countries has been reduced by two-thirds.3 Due to such efforts, the external debt burden of developing countries as a group has decreased to some extent (from 45 % of GNI in 1999 to about 40 % in 2003) but that has not been universal and there are many countries that have not been provided any relief. In addition, the aggregate declines in external indebtedness of developing countries have been offset by rises in domestic debts, exposing them to enhanced risks with regard to the scale of the overall debt burden arising from higher interest rates on domestic borrowing in almost all developing countries. Further, trade barriers imposed by developed countries on the products of poor and developing countries have not been lifted, which smacks of an exploitative approach on the part of the rich nations.
Leaving aside the poor and developing countries, even the developed countries have become accustomed to the bane of debt. On account of the continued and repeated current account deficits of the United States, it has been transformed from a significant international investor in the 1970s to the world’s largest debtor country. As of today, only US nationals are apparently immune from the devastation of debt and that is by dint of the US Dollar being the major reserve currency, despite the fact that it has become a zero-saving nation with unparalleled individual, institutional and national debt. In 2004, while the US deficit was $668 billion, or 5.7 % of GDP, its net external liabilities were estimated at over $2.7 trillion (23 % of US GDP, or 7.5 % of world GDP). In 2005 it jumped to $805 billion and is likely to hit 12 % of GDP by the end of the decade.4 American national debt has passed $9 trillion. The late eminent columnist Art Buchwald termed it “The $9-trillion heist”. 5
The real story of modern empire, writes John Perkins, is that it “exploits desperate people and is executing history’s most brutal, selfish and ultimately self-destructive resource-grab.” The empire that spends trillions of dollars created out of thin air on wars and for bribing the corrupt has not been able to spend the mere 40 billion dollars that, as per United Nations estimates, would be sufficient to provide clean water, adequate diets, sanitation services and basic education to every person on the planet.6 “Part of America’s current prosperity is based not on genuine gains in income, nor on high productivity growth, but on the borrowing from the future”, states The Economist under the caption of “Danger time for America” in its issue of 14th February, 2006.
The system has generated inequality at alarming levels, even in developed countries like the US and Britain. As a national objective, therefore, GDP growth no longer makes such obvious sense .7 In the US, inequality has increased since 1973, as demonstrated by the Gini coefficient - a measure of inequality of income distribution in an economy. It increased from 0.394 in 1970 to 0.408 in 1990 and to 0.462 in 2000. The current value of the Gini coefficient in the US resembles its value in developing countries. The same is the case in Britain. Emerging economies like China are also facing the same problem of inequity and a widening gap between the haves and the have-nots, despite the highly impressive performance of macroeconomic indicators.
Financing of the huge deficit with the fragile global politics could seriously destabilize the international markets and economies. Up until now the system has worked because the US has the right to print dollars. As long as the world accepts the Dollar as the standard currency, excessive debt does not pose a serious problem. However, if another currency comes along or any of the US creditors like Japan or China decide to call in their debts, the situation may become out of control.8
Since the collapse of the Bretton Woods system in 1971, the central focus of the IMF policies has been to safeguard the US interests, whatever her policies,9 which has created so much vulnerability that now its critics are not only the protesters against globalization in various parts of the world, but also senior officials of the IMF in Washington. In the wake of US financial imbalances that placed the global economy at risk, the IMF criticized US economic policies during their spring meetings in 2006, but the US response was to tell the Fund to mind its own business.10

1.3 GROWTH PER SE MAY NOT LEAD TO SOCIO-ECONOMIC JUSTICE

For about half a century, the major objective of economic policy has been to promote growth in the overall pursuit of development and happiness of the population. However, it has been observed that because of rising inequality, growth alone is not a reliable indicator of socio-economic development. Despite growth in many parts of the world, a large number of people are unemployed, half-fed and ill-treated as a result of unhindered market forces. Steady-state growth models and “trickle-down” theory have demonstrated conclusively that they enhance inequalities of asset distribution by enabling the powerful and better-endowed groups to grow at an even faster rate than which they were growing before, leaving the masses in deeper misery.11
John Perkins, in the preface to his book, Confessions of an Economic Hitman, while analysing the dangerous world situation, writes: “The idea that all economic growth benefits humankind and that the greater the growth, the more widespread the benefits, . . . is of course erroneous . . . It benefits only a small portion of the population . . . may result in increasingly desperate circumstances for the majority . . . When men and women are rewarded for greed, greed becomes a corrupting motivator.” He also points to the problems arising from fallacious concepts about economic development. 12
A number of emerging economies are showing impressive growth rates. But economic growth under neoliberalism is not serving the welfare function; rather it is enhancing poverty because the benefits do not trickle down by themselves, due to distortions created by vested interests in a free market functioning without proper surveillance, disclosure and transparency that, in truth, reinforces skewed income distribution patterns. China, one of the fastest growing economies with a growth rate in double digits, is facing the same problem. The lot of the country’s poor, particularly in rural areas, has got worse, as the previous communist system guaranteed certain basic needs including food, health care and primary education. The support systems have collapsed due to the shift to a market-based economic system. 13
In cases where the wealth and assets are concentrated in big business and industrial segments in urban areas and the countryside is feudalistic, even the impressively high growth rate of the economy and sectors like industry and agriculture will not lead to better income distribution and poverty alleviation. As such, experience has proved that poverty does not reduce even by governments spending on health, education or infrastructure, because the basic tools of exploitation continue to work and such spending is not directed to the fulfilment of the basic needs of the masses. The resultant large-scale poverty is a hurdle to industrial investment and growth, as it lessens the consumers’ demand for manufactured goods due to high inequitous income distribution. There must, therefore, be a revolutionary redistribution of assets and income prior to stabilization if the growth is desired to reduce asset distributional inequalities.
The deepening imbalances in external payments in developing and emerging economies and financing needs associated with those imbalances have created serious concerns in global policy circles and the capital markets. This may affect the external finance and commodities in which emerging market economies operate.14 Any abrupt and disorderly adjustment of the exchange rate of major currencies or rises in interest rates may disturb all major economic indicators in these economies. This would have serious consequences for developing countries.
While it is a fact that there is no short cut method of relieving poor individuals and nations of past debt, policymakers will have to make concrete efforts to change the basis and the procedure of fund mobilization, both from internal and external sources. The solution lies in replacing risk-free with risk-related capital and making efforts to ensure inflow of foreign resources in the form of direct and portfolio investments. Borrowed funds are mainly squandered and it is imperative to replace them with asset and risk-based investments through fully thought-out and long-term proactive policies.

1.4 SOCIAL WELFARE ACTIVITIES OF THE STATES

Almost all present governments spend huge amounts of money on social security nets, but that expense does not tend to mitigate the ill effects of the injustice inflicted by the tools of conventional economics and finance and the resultant inequitous distribution of income and resources by unhindered market forces. Imbalances created by the system as a whole cannot be corrected only by a government’s selective spending; it rather leads to moral hazard in a number of socio-economic directions. Compared with the problems created by the system, such social welfare activities cannot cater to the needs of the millions of poor or the vulnerable groups in any society. 15 In addition to strengthening, restructuring and expanding the social safety nets to provide support to the deserving segments of society, there must be a big change in the system at a broader level so that weaker groups can get their due share at the stage of production and distribution of wealth and assets among various factors of production.
That is why, despite heavy spending by governments and high levels of technological and industrial development, even the countries with massive resources have been unable to realize their normative goals, due mainly to the fact that there is a conflict between the operative tools of conventional economics and their normative goals. The interest-based system of creation and allocation of funds and market-based monetary policy have been viciously anti-poor and an important cause of unemployment and asset and income distributional injustice at national and global levels. Governments and central banks are becoming more and more passive to the fate of the masses in all economies, facilitating profit maximization by the corporate sector and those who are already rich.

1.5 THE MAIN CULPRIT

Obviously, there has been a long list of factors responsible for the failure of the global economic system in amicably solving the economic problems of mankind and ensuring justice, equity and fair play. However, the main two factors are the inefficient modus operandi of economic management with practically no concern over poverty or exploitation of the weak, and the functioning of money, finance and the financial markets that play the most strategic role in creating, distributing and transferring resources and wealth at national and global levels. Governments, in a bid to allow free interaction of market forces, have not been properly fulfilling their overseeing function with the objective of protecting the main stakeholders and vulnerable segments of society. As a result, vested interests have been creating distortions in the markets to artificially control and determine the supply of goods and transfer of resources to the privileged classes.
As the major tool in the hands of governments is money, one factor that has to be taken care of to realize the overall objective of equitable and sustainable economic growth for welfare of mankind is the area of money and finance. The institution of interest, on the basis of which governments and the public and private sector corporations borrow funds, creates parasites in society and thereby the gap between the rich and the poor keeps on widening. According to the late Yusuf Ali (the eminent translator of the Holy Qur’an into English): “Whereas legitimate trade or industry increases the prosperity and stability of men and nations, dependence over usury would merely encourage a race of idlers, cruel bloodsuckers and worthless fellows who do not know their own good and therefore are akin to madmen” (translation of verse 2: 275). It is a ground reality that the interest-based system, irrespective of the rate, is creating “idlers” and “cruel bloodsuckers”.
The prohibition of interest in all revealed religions that we shall discuss in the following chapters essentially implies that there can be no gain without risk-sharing, which implies that if someone wishes to get a return, he must also be liable for the loss, if any. “No risk, no gain” is actually the basic juristic principle of Sharī’ah and a normative rule of justice. The liability to bear a possible loss can motivate investors to be more careful in making their investments. This can help remove the moral hazard that is associated with risk-free gains on financial investments and, thereby, inject greater discipline into the financial system.

1.6 THE NEED OF THE HOUR

There are many opinions about the ultimate cause of the crisis. However, sensible people have long been calling for comprehensive reform of the financial system to help prevent chaos and spread of financial crisis, or at least minimize their frequency and severity. A vast majority of Muslim jurists and scholars believe that the ultimate cause lies in disregarding the prohibition of interest, which is an important teaching of all major religions.
The state of affairs in the global economy and glaring inequalities both at inter and intra national levels necessitate the evolution of a system that could lead to a balanced, sustainable and equitable economic order in the world at large. This requires economists and policymakers to develop an economic system based on the ideals of socio-economic justice and fair play. By fulfilling this mission they would be giving to humanity the message of peace, happiness, welfare and prosperity.
In particular, the economists who have been working on Islamic economics for the last few decades and trying to conceive a model that could lead to balanced and equitable growth that benefits individuals as well as societies must undertake the job with dedication and fervour. While doing this, one thing that they should take seriously is that justice/fair play is the raison d’etre of any economic system that is to be sustainable in the long run, and in the Islamic worldview, it cannot be given up for any other consideration whatsoever.
The major element creating injustice is “interest”. Replacing this with a risk-related capital and investment mechanism could help solve many socio-economic ills. There are a number of other benefits that can be derived from the prohibition of interest. Among these are the injection of a moral dimension into the financial system along with greater equity and market discipline to make the financial system more equitable, healthier and stable. 16

1.7 ECONOMICS AND RELIGION

Economists have been debating the impact of religion on economic performance for many years. This aspect will be discussed in detail in the next chapter. Here, a brief introduction will suffice.
Whether economics should be mixed with religion is a significant question these days. More specifically, can Islam be helpful in economic development or it is a drag on economic growth? Any detail on this aspect is not within the remit of this book, which has to focus on finance, the most strategic part of any economic system. A large number of scholars have blamed the relative poverty of Muslims today on their religious beliefs. But Marcus Noland, an eminent economist, maintains that this long-standing view is wrong: “There is nothing inherent about these [Islamic] societies that they have to perform poorly,” says the economist with the Institute for International Economics in Washington, “If anything, Islam promotes growth . . . ”.17
While discussing the role of religion in economics one must distinguish economics as a science from an economic system. An economic system has to be discussed as a thought based upon any ideology, while economic science should be considered as a science which deals with the creation of wealth. An economic system relates to management of wealth distribution in a society that tends to solve economic problems of various groups by enabling or restricting them from utilizing the means of production and satisfaction. Thus, the system comprises the following three main elements:
1. Ownership of property, commodities and wealth.
2. Disposal of ownership.
3. Distribution of wealth among the people.
Commodities are possessed for their benefits, which represent the suitability of a commodity to satisfy any human need. Goods/assets are possessed as a result of work, inheritance, purchasing/obtaining property for sustenance, governments granting possession of something to the citizens and transfer payments or goods granted as gifts (without giving anything in exchange). From this perspective, the Islamic economic system is different from the other systems only to the extent of ownership and distribution of resources among the factors of production and various groups of society, with a defined role of the State to ensure that injustice is not done to any of the individuals, parties or groups.18