LECTURE 2: AN BRIEF INTRODUCTION TO MONEY AND ISLAMIC BANKING SHARIAH BASIS Shariah is the origin and basis of Islamic banking, for example, Islamic Laws and sometimes the Islamic jurisprudence referred. The teaching of Islam includes: The essence of economic well-being; Development of Muslim at the individual, family, society, state and “Ummah” (Islamic universal community) levels. BRANCHES OF ISLAM Islam compromises of three basic elements: Aqidah concerns all forms of faith and belief by a Muslim in Allah and His will, from the fundamental faith in His being to the ordinary beliefs in His individual commands (Ahkam). Islamic law covers all forms of practical actions by a Muslim manifesting his faith and belief. Akhlaq concerns behavior, attitude and work ethics with a Muslim performs his practical actions. Islamic law as the practical aspects of a Muslim’s daily life is then dived into: Ibadat & Muamalat Ibadat is concerned with the practicalities of his worship to Allah, in the form of man-to-Allah relationship. But Muamalat is concerned with the practicalities of his mundane daily life, in the form of man-to-man relationship. One of the significant segments of Muamalat is the conduct of a Muslim’s economic activities within his economic system. - The banking and financial system COMPLIANCE WITH THE SCHEME OF SHARIAH LAWS Within the Islamic way of the life and Shariah framework, Islam imposes its “ahkam” (laws) – or in modern terminology sometimes referred to as norms or values – on its believers. These laws or values are not man-made; rather they are ordained by Allah. They are derived from the sources of Shariah such as Al-Quran and AlSunnah. Banking and financial activities being part and parcel of Muamalat, are therefore subject to the Shariah Laws on Muamalat. EQUITY AND DEBT IN ISLAM According to Islam: Equity, a very notable feature of Shariah is the fact that al-Quran does not directly deal with it at all. It was left to al-Sunnah to clarify the issue. And alSunnah confirms that the profit sharing contracts such as Mudarabah, Musharakah and other similar contracts that had been practiced by the pre-Islamic Arab are all allowed in Islam. Al-Quran is silent on the equity while it comes out strongly on debt. Al-Sunnah also handles extensively with debt. The verdict is: Deferred contracts of exchange are allowed in Islam; whereas interest-based lending is forbidden. Equity financing is to be conducted through profitsharing contracts while the debt-financing by deferred contracts of exchange. Lending is still allowed in Islam, but it has to be without interest. In Shariah, this kind of lending is called “al-Qard Al-Hasan” (Benevolent loan). Major differences in equity-financing and debt financing in Islamic Finance and conventional finance: In equity financing, there are no major difference between Islamic and conventional finance. However major differences between these two systems appear on debt financing. Debt financing in conventional system is almost totally based on interest based lending, while this contract is forbidden in the Islamic financial system. THE COMPONENTS OF THE ISLAMIC BANKING SYSTEM The Islamic banking system has five components: 1. Money 2. Financial instruments 3. Financial markets 4. Financial institutions 5. Central bank MONEY What is money ? Back by gold ? Fiat Money ? Fractional Reserve system? FINANCIAL INSTRUMENTS Products of contracting parties such as deposit products and financing products; They are derived from the basic sources of Al-Quran and Al-Sunnah; Secondary soucres: Ijma, Qiyas, Maslahah, Istihsan, Urf, etc. The shariah principles that are derived from these sources have to translated into the language of banks; FINANCIAL MARKETS Originally, the financial transactions occurred in a located market such as an office of Islamic bank; Sukuk Shariah-compliant stocks Others – Mutual fund, Wealth Management FINANCIAL INSTITUTIONS Islamic banks started as institutions that accepted money and made financing; Now, they developed into institutions like financial supermarkets; A lot of financial products; Services for sale; Saving products; Financing products like home financing , even takaful; Investment advices; CENTRAL BANK Nearly every country in the world has one central bank; One of the most important institutions in government; Roles of central bank: It issues currency and keeps the reserves; It acts as a banker and financial adviser to the government; It promotes monetary stability and a sound financial structure; It influences the financing situations to aid the economy; THE PRINCIPLES OF MONEY AND ISLAMIC BANKING Principle 1: Money as Medium of exchange Conventional system: time has value- interest; In Islam, the paying or receiving of interests is prohibited; the owner of capital is compensated based on profits; The difference between profit and interest: 1) Profit is not pre-determined rate of return; 2) Has a probability of loss as well; PRINCIPLE 2: RABBUL MAL AND MUDARIB RELATIONSHIP Rabbul mal provides the capital and mudarib undertakes the management; The Mudarib acts as: 1) Trustee to look after the investment responsibility; 2) As an agent (wakeel) purchase from the funds which provided by rabbul mal; 3) As a partner (Shareek) for sharing in any profit; PRINCIPLE 3: RISK SHARING No reward without risk sharing/bearing; Both rabbul mal and mudarib should share the risk of business ventures based on capital contributions or pre-determined ratio; In conventional baking: the pressure is on the borrower; PRINCIPLE 4: MARKETS SET PRICES AND GENERATE PROFITS As narrated by Anas: during the life time of the Prophet (SAW) the price levels went up. People said “Prophet (SAW), fix the prices for us.” on this, the Prophet (SAW) said “prices are fixed by Allah; He contracts and expands the sources of livelihood and I hope to meet my Sustainer (Allah) in a state that no one may raise a claim of injustice against me in respect of blood and money.” Therefore, markets are the core of the Islamic economic system. PRINCIPLE 5: ISLAMIC BANKING STABILITY Economic stability means to protect the economy from the vicissitudes of financial system; Prudent management of risks is essential for ensuring the stability of Islamic banks; Risks can be managed by adopting a standard regulatory and supervisory framework and by having a sound internal Islamic banking policy; PRINCIPLE 6: ISLAMIC BANKS AS AGENTS FOR ECONOMIC GROWTH Money is channeled through Islamic banks, then utilized for the economy; Islamic banks are able to: evaluate projects, manage risks, monitor risks and facilitate transactions; TWO APPROACHES TO ISLAMIC ECONOMICS AND FINANCE The modern Islamic finance is not built directly from the Shari’ah (Shari’ah based approach) but rather from the Islamically modified conventional banking (Shari’ah compliant approach); The results are high costs, low profits and most importantly, a dilution of respectability. It must progress from being Shari`ah compliant to being Shari`ah based. TWO APPROACHES TO ISLAMIC ECONOMICS AND FINANCE While the Shari’ah-compliant briefly means borrowed from the west after being made compliant to the Shari’ah, the Shari’ah-based simply means not borrowed from the west but evolved from the original sources of Islam. FOUR BASIC WEAKNESSES OF THIS SHARI’AH COMPLIANT APPROACH: First, because its initial starting point is a western institution or instrument, it is basically imitative. Consequently, it does not contribute anything new to the humanity`s treasure box of accumulated wisdom and does not command respect. After all, it is a universal rule that imitators do not deserve respect but original contributors do. Second, although it is claimed that this approach allows Muslims to perform in an economic environment dominated by western modes, it has been shown that it does so at the expense of increased costs and reduced profits. Third, all of these bear with them substantial Shari`ah risks, in the sense that, the public may become disenchanted by these instruments so similar and even benchmarked to the interest rates prevalent in the west. Fourth, highest profits are usually obtained when a new financial instrument is introduced for the first time. Since reverse engineering focuses on western instruments introduced long ago, it tries to convert models whose profits have already diminished. CONCLUSIONS: Islamic finance has to develop its own genuinely Islamic financial instruments. So far, Muslims have been free riding on financial theories and instruments developed by the West. Unless Islamic finance develops its own genuinely Islamic financial instruments, it cannot achieve the dynamism of a system that provides the security, liquidity and diversity needed for a globally accepted financial system, which would be a genuine alternative to the present debt-interest based international system.