– The Islamic Prohibition of Usury and its Modern Implications for Muslims and Banking LeRoy Nosker Tanner University of Wisconsin – Eau Claire Major Points The definition of terms The origination of the prohibition on usury in Islamic countries The central banking & financial markets The implementation of monetary policy How do Muslims adapt to the western banking system? Western Banking-Historical Roots Economic Standpoint When? Where? How? Who? Why? Religious Standpoint Jewish Laws In the Torah Pope Innocent III Prohibition on Christians Forced involvement for Jews Britain and the Crusades Practice of ransom Usury Definition “interest paid for the use of(loaning) money” Application Business transactions Banking of money Reparations Riba? Definition A forced “increase of value” in “the medium of exchange” that is loaned or swapped Interpretation Debated Why is it mentioned? Historical setting Arabia in the 7th Century C.E. Riba in Sacred Text Qur’an Origins Meaning for Muslims Verses dealing with Riba Hadith Origins Isnad Meaning for Muslims Reports dealing with Riba Gharar Transactions Knowledge “hidden knowledge” Shared or known only by one? Asymmetric information Intention Is the knowledge necessary for an equitable transaction? Penalties Legal Religious Source of the Prohibition of Usury Ulema Religious Scholars Ijma Shari’a Fatwa Where is it politically instituted? Fiqh-Government Application “Jurisprudence” Political vs. Religious law What’s the distinction? Is there a distinction? Hakimiyyah Ummah Shari’a Economics Basis Shari’a Qur’an Hadith Main Questions How do I avoid usury and gharar, but still stay in business? How do I grow my business and help my consumers without using usury or gharar? Banking under Shari’a Wadiah 2 Main Contractual Principles Profit Sharing “Rent to Own” Checking Savings, Investments & Loans 6 methods for avoiding usury and gharar Mudarabah Musharakah Bai Murabahah Bai Bithaman Ajil Bai Inah Ijarah Central Banking? What does a central bank do? Maintain financial stability Banking regulation and monetary policy Does it apply for Islamic Banking? Yes! How is monetary policy conducted? Saudi Arabia Turkey Inflation Rates Comparative Inflation Rates from 1999-2009 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 1999 2000 2001 2002 2003 2004 2005 2006 -0.1 Saudi Arabia Turkey United States 2007 2008 2009 (to date) Stock Markets Comparative Stock Market Indices from 1999-2009 50000 45000 40000 35000 30000 25000 20000 15000 10000 5000 0 1999 2000 2001 2002 2003 Saudi Arabia 2004 Turkey 2005 2006 United States 2007 2008 2009 (to date) Muslims in the U.S. Muslim Population in the U.S. ~6 million 0.6% How do they adapt? Credit cards? Loans? Bank accounts? Further Research Statistical data on number and types of loans given out by Islamic banking institutions Expanding the number of countries included in the comparison to better represent the actual usage of Islamic Banks by Muslims across the world Survey data of Muslim Americans discussing their personal relation to this principle