Principles of Islamic Finance: New Issues and Steps Forward

Introduction

Islamic Finance is the only example of a financial system directly based on the ethical precepts of a major religion, providing not only investment guidelines but also a set of unique investment and financing products." Islamic Finance is based on Shari’ah, the Islamic law that provides guidelines for multiple aspects of Muslim life, including religion, politics, economics, banking, business and aspects of the legal system What Shari'ah compliant financing seeks to do is to shape financial practices and accompanying legal instruments that conform to Islamic law. Major financial principles of Shari'ah include a ban on interest, a ban on uncertainty, adherence to risk-sharing and profit-sharing, promotion of ethical investments that enhance society and do not violate practices banned in the Qur’an and tangible asset-backing.

Islamic Finance and its digital economy offer opportunities for Muslims and non-Muslims as both populations now seek a convergent solution to their pressing issues—rebuilding trust and confidence in a financial system that had lost them. Some technologists imagine this world without intermediaries, while others just want a faster and more efficient way of transacting. Either way, the challenge comes from accountability, and embedding that sense of accountability within the new systems that are being built, based on the sharing of risks and profits that anchor the nature of our economies, including the sharing economy of underutilized assets.

Modern Islamic Finance emerged in the mid 1970s with the founding of the first large Islamic banks. Development initially occurred through marketing of a steadily expanding supply of Sharia-compliant financial instruments. This supply-driven model contributed to relatively slow growth until the mid-1990s. Since then demand has increasingly driven the development of Islamic Finance instruments.

In 1990, the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) was created to establish industry accounting and auditing standards. The 1990s saw a diversification of potential avenues for Islamic banking. Rising awareness and demand for Islamic products, along with supportive government policies and growing sophistication of financial institutions, have together increased the rate of growth.

The 2000s were the most important decade in global Islamic banking. This was due to the emergence of sukuk and other structured Islamic Finance assets along with the proliferation of developing capital markets. Islamic banking has innovated increasingly more sophisticated Islamic Finance instruments in recent years that are capable of greater flexibility and enable increased agility in liquidity management.

Money, according to Islamic teachings is a measure of value, not a commodity. Debt is a relationship in which risk and responsibility are shared by all parties to a contract. Money must be put to practical use in creating real value for the participants of the transaction. It must be used to create, and not be a commodity in on and of itself. It because of this that the perception of hoarding capital, and the earning of a passive return on capital keyed to the passage of time, -i.e. interest – is prohibited. In short, money must not be made from money.

The establishment of modern Islamic financial institutions started three decades ago. Currently, there are at least 70 countries that have some form of Islamic financial services; almost all major multinational banks are offering these services. The underlying financial principles in Islamic Finance have remained unchanged historically since their development over 1,400 years ago. Financial products must be certified as Sharia compliant by an expert in Islamic law. Certification requires that the transaction adheres to a  number of key principles that include:

● Backing by a tangible asset, usufruct or services, so as to avoid ‘speculation’ (gharar). Prohibition of interest payments (riba).

● Risk to be shared amongst participants.

● Limitations on sale of financial assets and their use as collateral.

● Prohibition of finance for activities deemed incompatible with sharia law (haram), such as alcohol, conventional financial services, gambling and tobacco.

Modern Islamic Finance emerged in the mid-1970s with the founding of the first large Islamic banks. Development initially occurred through marketing of a steadily expanding supply of Sharia compliant financial instruments.

This supply-driven model contributed to relatively slow growth until the mid-1990s, since when demand has increasingly driven the development of Islamic financial instruments.  Rising awareness and demand for Islamic products, along with supportive government policies and growing sophistication of financial institutions, have together raised the rate of growth.

Two developments have been critical to the expansion of Islamic financial markets. In 1998, the so-called Dow Jones Islamic Indexes fatwa played a transformative role because it opened the door to a limited degree of permissible impurity in financial transactions and institutionalized a notion of cleansing and purification whereby small amounts of impermissible interest income could be cleansed or purified by donation to charity. In turn, this led to a series of equity investment tests that could be used to evaluate potential investments for Shari'ah compliance. A second critical innovation was the introduction of sukuk – a Shari'ah compliant substitute for bonds – where capital protection is achieved not as a loan but as a binding agreement by the issuer to repurchase certain assets over a period of time.

Sukuk has now become one of the backbones of Islamic capital markets and has enabled the rapid growth of Islamic financial transactions.

The multiple reasons for the growth of the Islamic financial sector in recent years:

(1) The flow of funds into Muslim oil-producing states;

(2) Growing political and social desire in the Muslim world for financial alternatives to banking and investment institutions that have been historically dominated by the West;

(3) The spreading credit crisis in global financial markets and the need to access new sources of investment capital;

(4) The growth of sovereign wealth funds and the desire to have Shari'ah compliant instruments through which to invest them; and,

(5) The rapidly accelerating number of cross-border multi- jurisdictional financial transactions that are possible and required in a globalized world economy Assets held by Muslim investors worldwide now exceed $2.6 trillion, and that amount is expected to grow to $3.7 trillion by 2020.

Shari’ah compliant finance has become an accepted and vibrant element in international financial transactions. It offers a fresh  opportunity  to  emphasize  the  moral  and  ethical aspects of business and finance that reaches beyond the Arab and Islamic worlds to prompt a reexamination of the core  values  underlying  all  global  financial  transactions  – making available the financial resources needed to develop the  human  capital  that  will  sustain  economic  and  social progress.

The underlying financial principles in Islamic Finance have remained unchanged historically since their development over 1,400 years ago. Financial products must be certified as Sharia-compliant by an expert in Islamic law. Certification requires that the transaction adheres to a number of key principles that include:

• Backing by a tangible asset, usufruct or services.

• Must avoid ‘speculation’ (gharar).

• Prohibition of interest payments (riba).

• Risk and return to be shared among participants.

• Prohibition of finance for activities deemed incompatible (haram), such as the sale of alcohol, conventional financial services, gambling and tobacco.

Because of the restriction on interest-earning investments, Islamic banks must obtain their earnings through profit-sharing investments or fee-based returns. When loans are given for business purposes, the lender, if he wants to make a legitimate gain under the Shari’ah, should take part in the risk. If a lender does not take part in the risk, his receipt of any gain over the amount loaned is classed as interest. Islamic financial institutions also have the flexibility to engage in leasing transactions, including leasing transactions with purchase options.

It may be asked why non-Muslims would agree to use Islamic Finance structures. The principal answer is that Islamic Finance provides an opportunity to tap into the significant funds of Islamic investors seeking Shari'ah compliant investments. In addition, Islamic Finance can be  combined  with  conventional  funding sources and export credit agency (ECA) support.

As the Islamic Finance industry develops further, there is a growing need for standardization and professionalism across the industry. Coupled with this is the importance of adopting robust corporate governance systems of internationally recognized standards incorporating transparent, fair and ethical working practices. Islamic financial institutions are well-placed in this context, since at the heart of Islamic law is a vision of social development which requires all individuals and businesses to conduct themselves ethically and in a socially responsible manner.

A concept of corporate governance from Islamic perspective does not differ much with the conventional definition as it refers to a system by which companies are directed and controlled with a purpose to meet the corporation’s objective by protecting all the stakeholders’ interest and right. Uniquely, in the context of corporate governance within the Islamic paradigm it presents distinct  characteristics  and  features  in  comparison  with  the conventional system as it refers as a special case of a broader decision-making theory that uses the premise of Islamic socio- scientific epistemology which is premised on the divine oneness of God . A definition by the finance committee on corporate governance in Malaysia in the report on corporate governance stated that:

Corporate governance is the process and structure used to direct and manage the business and affairs of the company towards enhancing business prosperity and corporate accountability with the ultimate objective of realizing long term shareholder value, whilst taking account the interests of other stakeholders.

This indicates that corporate governance is not only applied to the shareholders but the other stakeholders as well.

Corporate governance in Islamic Finance necessitates Islamic financial institutions abiding by a set of rules called the Islamic law or Shari’ah. The Shari’ah governs the bank’s operations and transactions in accordance with Islamic principles derived from the Quran and Hadith.

Islamic Financial Institution (IFI)  are like any other conventional financial institution, which acts as an intermediary between providers of funds and fund users, the only difference being that the transactions and contracts of an IFI must comply with Islamic law.

Growing awareness of and demand for investing in accordance with Islamic ethical principles on a global scale have been catalyst towards making the Islamic banking and financial system as a flourishing industry. This is also a reflection of increasing wealth and capacity of investors, both Muslim and non-Muslim, to seek and invest in new investment products that serves their needs. The Islamic financial institutions (IFIs) earn profits as the other business firms earn profits. Many people say that IFIs should have involved ‘‘strategic charity’’ activities. Business of IFIs including Islamic banks is based on Shari’ah principles which need the IFIs to operate with the commitment of social responsibility.

In the context of IFIs, the Association of Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) has issued specific standards on CSR known as Governance Standards No. 7: Corporate Social Responsibility, Conduct and Disclosure for IFIs. According to the (AAOIFI),  Corporate Social Responsibility (CSR) for IFIs refers to all activities carried out by an IFI(The IFIs referred to any institution that plays the role of a financial intermediary that strictly abides by the provisions of the Shari’a. These include, but are not limited to Islamic banks and Islamic Insurance companies) to fulfill its religious, economic, legal, ethical and discretionary responsibilities as financial intermediaries for individuals and institutions .Religious responsibility refers to the overarching obligation of IFIs to obey the laws of Islam in all its dealings and operations. Economic responsibility refers to the obligation for Islamic banks to be financially viable, profitable and efficient. Legal responsibility refers to the obligation of IFIs to respect and obey the laws and regulations of the country of operation. Ethical responsibility refers to the obligation of IFIs to respect the mass of societal, religious and customary norms which are not codified in law. Discretionary responsibility refers to the expectation from stakeholders that IFIs will perform a social role in implementing Islamic ideals over and above the religious, economic, legal and ethical responsibilities.

In recent years, with the increase in the number of affluent Muslims, the halal industry has expanded further into lifestyle offerings including halal travel and hospitality services as well as fashion. This development has been triggered by the change in the mind set of Muslim consumers as well as ethical consumer trends worldwide.

The halal market is non-exclusive to  Muslims, and has gained increasing acceptance among non-Muslim consumers who associate halal with ethical consumerism. As such, the values promoted by halal - social responsibility, stewardship of the earth, economic and social justice, animal welfare and ethical investment - have gathered interest beyond its religious compliance. The popularity of, and demand for, halal certified products among non-Muslim consumers have been on the rise as more consumers are looking for high quality, safe and ethical products.

For the Islamic economy, blockchain technology has the potential to make a significant impact. The blockchain in Islamic Finance and banking will surely help the Islamic banks, and financial institutes to succeed. Without worry about the interest and other such issues Islamic banking system will be able to work more productively.

Islamic financial institutions are increasingly using blockchain technology for complex financing terms, Shariah-compliant transactions and Islamic and sharia-compliant alternatives to conventional insurance. back-office automation, and underwriting of micro-insurance. Islamic Finance can use cryptocurrencies for SMEs finance, underpinned by blockchain technology, to structure payments in an efficient and cost-effective manner.

The blockchain in Islamic Finance and banking will surely help the Islamic banks, and financial institutes to succeed. Without worry about the interest and other such issues Islamic banking system will be able to work more productively. Management of loans and other relatable services will become easy. in addition to reducing fraud and risk, it can bring down the high costs associated with Islamic Finance. The cost of processing Islamic financial products is higher than regular financial services products, so blockchain is a very effective tool to bring down the cost in the back-end processing systems of Islamic Finance companies The real challenge, going forward, will be the legality of smart contracts, and the global regulatory framework needed to establish true peer-to-peer lending across borders; just because it is legal in one country, does not make it so in the next.

Islamic Finance is a prime example of the ways in which finance meets the needs of individuals, businesses and governments. By facilitating factors as diverse as financial inclusion, infrastructure development and government funding, Islamic Finance serves society at large. The global Islamic Finance market is growing moderately, because of the strong investments in the Halal Sectors, infrastructure, and Sukuk bonds, especially through electronic modes in all products and services. The factors driving the growth of the market are directing investment toward the tremendous growth opportunities in the promising Islamic sectors.

This book aims to outline some potential areas for consideration for the all sectors of the Islamic Finance.  Moreover the book discusses the development of the Islamic Finance; and Explore and discuss existing  Islamic Finance usage of Blockchains.

Chapter 1

Fundamentals of the Islamic Finance

One of the most important objectives of Islam is to realize greater justice in human society. According to the Qur’an all the messengers of God were sent to promote justice and any society where there is no justice will ultimately head towards decline and  destruction. One  of the  essential requisites for ensuring justice is a set of rules or moral values, which everyone accepts and complies with faithfully. The financial system may be able to promote justice if, in addition to being strong and stable, it satisfies at least two conditions. One of these is that the financier should also share in the risk so as not to shift the entire burden of losses to the entrepreneur or the borrower, and the other is that an equitable share of the society’s financial resources becomes available to even the poor on affordable terms in keeping with their ability to repay so as to enable them to realize their dream of owning their own homes, pursuing higher education and vocational training, and establishing their own micro enterprises.

To