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680
Abstract
Purpose The purpose of this paper is to focus on various modes of Islamic finance and examines
their risk and other characteristics by conducting a selective literature review.
Design/methodology/approach Due to the Islamic prohibition of interest and in compliance
with injunctions on permissible trade contracts, the savings and investment contracts offered by
Islamic banks have a different risk profile than those of conventional banks. This gives rise to a
number of regulatory issues pertaining to capital adequacy and liquidity requirements. Operational
issues also arise as Islamic banks are limited in their choice of risk and liquidity management tools
such as derivatives, options and bonds. All these issues are theoretically examined and various
performance indicators of two Islamic banks are also examined to compare them with traditional
banks that practice mark up pricing.
Findings The balance sheets and various performance indicators show that there is evidence that
Islamic banks in Pakistan tend to engage in little long-term project financing. However, on the plus
side these banks have shown good performance with respect to the returns on their assets and equity
and have also demonstrated better risk management and maintained adequate liquidity.
Research limitations/implications A larger set of banks across various countries needs to be
examined before any substantive conclusions can be reached about the relative performance of
Islamic versus conventional banks.
Practical implications These largely pertain to central bank prudential regulations which must
ensure that a level playing field is created for Islamic banks to compete with traditional banks.
Originality/value The paper is a commentary on the risk characteristics of Islamic banks and
also analyzes for the first time the performance of the only two purely Islamic banks currently
operating in Pakistan.
Keywords Islam, Banking, Financing, Equity capital, Partnership, Moral hazards
Paper type Research paper
Managerial Finance
Vol. 34 No. 10, 2008
pp. 680-694
# Emerald Group Publishing Limited
0307-4358
DOI 10.1108/03074350810891001
1. Introduction
Over the last decade, the demand for Islamic banking and finance products has grown
strongly. In mid-2004, the Islamic financial market had 265 banks with assets of more
than $262 billion and investments of more than $400 billion (IOSCO, 2004)[1]. From
simple profit and loss sharing (PLS) savings accounts, Islamic savings and investment
products have now progressed to hedge funds, bonds and derivatives. The
proliferation of Islamic banking products to more than 50 countries including USA and
Europe is understandable as international banks can see a profit opportunity by
tapping into the large and growing banking needs of the Muslim population in Middle
East, Asia and elsewhere.
Islamic banks are prohibited to pay or receive any interest in their lending and
investing transactions. They also face a supply side shortage of appropriate Islamic
instruments which can serve the liquidity, risk management and hedging needs of
customers or the banks themselves. Such instruments are offered by traditional banks
in the form of derivatives (forward and futures contracts) and options (put and call).
The comments of an anonymous referee of this journal are gratefully acknowledged.
Under various (though not all) interpretations of Islamic law all such instruments are
forbidden as they include the element of risk (gharar)[2]. The risk of these futures
instruments is that at the time the contract is executed, (which is the current period),
the object/commodity to be sold does not usually exist. Insurance is also ruled out both
on the grounds of risk and also as it includes an element of riba (interest) because
insurance companies invest their funds in a number of fixed income securities which
earn interest. Insurance also has an element of gambling in the sense that the insured
party could collect a large amount of money after paying a few or just one installment
of insurance premium or on the other hand they may make many payments without
ever getting the state contingent return from the insurance company.
The injunctions of no interest, and no uncertainty and risk in contracts do not imply
that an Islamic financial system is inconceivable and that markets cannot develop to
provide financing and risk hedging instruments. In fact, such a system has been
designed and is in operation with varying degrees of success in a number of countries
including Pakistan and Malaysia[3]. It has also been theoretically demonstrated that
futures contracts constructed on permissible Islamic commodities are Pareto-optimal
and if adopted could lead to financial deepening (Ebrahim and Rehman, 2005).
To get around the prohibition of interest, Islamic business contracts are based on
equity participation. Nevertheless, Islamic futures and forward contracts for various
state contingent payoffs are not easy to develop as they not only have to avoid interest
but also uncertainty, as well as comply with various ethical codes enjoined in Islamic
contract law. Despite these restricting Islamic compliance injunctions on contracts,
Islamic banks have provided some historical and some new instruments with
derivative like properties[4].
In this selective review article on Islamic banking, section 1 presents a brief
description of the more common Islamic savings and investment contracts to set the
stage for a discussion of the risk and regulatory issues pertaining to contracts in
section 2. Section 3 examines data from two Islamic banks in Pakistan to evaluate the
practice and performance of Islamic banks and the conclusion in section 4 summarizes
the findings with some policy implications.
2. Financial contracts
Islamic financial instruments are based on the principles that they exclude interest
(riba), not possess major uncertainty ( gharar) and not have gambling like features
(Maysir). Due to the prohibition of interest, Islamic banks or traditional banks with
windows for Islamic products cannot have fixed interest debt instruments. The Islamic
financial system instead proposes equity participation and risk sharing on the part of
banks and debtors (investors).
We provide a brief overview of some widely used Islamic banking contracts[5]
which are commonly used to provide Shariah[6] compliant (i.e. based on Islamic
principles) products for savings, trade and investment. Like traditional banks Islamic
banks also offer a range of financial services and products. These are consumer
financing, trade related financing and investment type of modes of financing. Such
modes of financing take the form of cost plus sales (Murabaha)[7], credit sales (bay bithaman ajil), leasing (Ijarah), partnerships (Modaraba and Musharakah) and some
forward contracts (Salam and Istisna). In addition there are zero interest loans for poor
farmers and needy students referred as Qard-e-Hasna (benevolent loan).
Islamic banking
681
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be exposed to the risk of capital loss on the capital committed by him, whereas the
debtor had no risk when 100 per cent of the capital was financed by the Islamic bank.
The two parties are again involved in a profit and loss sharing agreement in
conformity with Islamic principles of risk and reward sharing. The profits are shared
in accordance with pre determined ratios while the losses are borne in proportion to
equity participation. Musharaka financing is used by banks for financing trade,
imports and to issue letters of credit and also in agriculture and industry.
2.4 Modaraba (profit and loss sharing)
This is also like a partnership contract except that in this there is no equity partnership
but only profit and loss sharing. Its counterpart in conventional business structures
would be limited partnership. One can think of bank deposits as a case of a Modaraba
contract between the bank and the customer. In this contract the bank lends the entire
capital to the investor/consumer (debtor) and the financial losses of the debtor
entrepreneur are borne entirely by the bank. Only in the event of mismanagement or
neglect is the customer held liable for the losses.
The Modaraba contract is reflected in the balance sheet of the bank on both the
asset and the liability side. On the liability side it is an unrestricted Modaraba in which
the depositors agree that the bank is free[9] to choose the investments that it will make
with their deposit money and agree to share the profits earned by the bank. On the
asset side it is a restricted Modaraba contract because the bank agrees to finance a
particular (restricted) investment need of the customer and to share a percentage of the
projects associated profits[10].
2.5 Salam (sales contract)
Salam is a sale of a commodity whose delivery will be in a future date for a cash price,
which means, it is a financial transaction in which price is advanced in cash to the
seller, who abides to deliver a commodity of determined specification on a definite due
date. The deferred is the commodity sold and described (on liability) and the immediate
is the price. In other words a Salam sale contract is a futures contract.
The practical steps in the Salam sale are as follows. The bank: pays the price in the
contract to the seller so that he can have the immediate use of funds to cover his financial
needs. The seller abides by the contract to make a delivery of the commodity on the
specific due date. At the time of delivery on the specific due date the bank has several
options to choose from: the bank receives the commodity on due date, and sells it either for
cash or on credit; or it can authorize the seller to sell the commodity on its behalf against
fees (or without fees); or it can direct the seller to deliver the commodity to a third party
(the buyer) according to a previous promise of purchase, where the promise is that the
buyer will purchase from the bank. Once the delivery has been arranged by any of the
above mentioned options, the commodity is sold through a sale contract between the bank
and the buyer. In this contract, the bank agrees to sell the commodity for cash or a
deferred price higher than the Salam purchase price paid by the bank to the seller. The
buyer agrees to purchase and to pay the price according to the agreement.
The Salam sale can be used to meet the capital requirements as well as cost of
operations of farmers, industrialists, contractors or traders as well as craftsmen and
small producers.
The bank benefits from entering into a Salam contract with a seller because usually
a Salam purchase by the bank is cheaper than a cash purchase. Due to this reason the
bank is secured against price fluctuations, barring those extreme circumstances of a
Islamic banking
683
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price deflation or a market crash when post Salam prices could dip lower than
currently contracted Salam sale prices.
2.6 Ijara ( leasing contract)
As is well known, leasing is designed for sale of vehicles, equipment or property for
conducting business. Unlike traditional banking where the bank allows the customer
(buyer) to lease goods at fixed interest rates, the Islamic leasing facility has two sub
contracts. First, the bank signs a purchasing contract with the seller for the commodity
which the buyer wishes to lease. The bank pays the seller and then gets the commodity
delivered to the buyer from the seller. Second, the bank signs a lease contract with the
buyer in which commodity is leased to the customer allowing him the ownership (or
simply the use) of the asset after payment of lease installments and residual charges.
The lease option is commonly used for transactions in real estate, cars, computers,
machinery and equipment.
2.7 Qard-e-Hasna ( benevolent loan or interest free loan)
Islamic banks provide such a facility on a limited scale to poorer sections of society
such as needy students or small rural farmers. Such loans would have negative NPVs
for the banks. Traditional banks do not have any such benevolent loan structures[11].
Any benevolence is only manifested through charities and grants or scholarships, but
not through non-returnable zero interest loans. The next section outlines the risks
associated with various Islamic modes of financing discussed above.
3. Risks of financial contracts
A typical bank faces a number of risks in its banking operations: credit risk,
benchmark risk, liquidity risk, operational risk, legal risk, withdrawal risk, fiduciary
risk, displaced commercial risk.
The traditional banks (those banks which follow non-Islamic banking practices) pay
the depositors a fixed return (interest) on their deposits which the banks first earn
thorough their investments in loans or in other assets such as real estate or various
mutual funds. While the traditional bank would be exposed to market risk or an interest
rate risk it does not take any investment specific risk with respect to its loans other than
the risk of default by the debtors, which may have been partially covered by pre-loan
collaterals. The investment risk from the borrowed money is borne by the debtor while
he is liable for the payment of principal and interest to the lending bank at the end of the
loan tenure. The relationship between lender and debtor is straightforward: the bank is
the owner of capital and the debtor pays the bank a return (interest charges) on the
borrowed money. The bank determines that interest rate or return by assessing the
markets prevailing opportunity cost of capital. A bank financed investment project is
thus a debt-equity contract where the banks exposure is on the debt part.
To protect themselves against loan losses, banks operating under a conventional
banking system will garnish the wages of the wage earner if he is the defaulting
debtor, or have the first right on the assets of the corporation in case of loan default by
a corporation. Under Islamic banking the collateral has already been established at
the time of the loan. When the Islamic bank gives a loan to a company it becomes the
owner of the assets that the company intends to purchase with the debt and if a default
occurs it confiscates those collateral assets, which it owns anyway, for the tenor of the
profit sharing loan contract. The ownership of the assets by the lending bank continues
till such time that the principal and its associated profit are outstanding. Thus by
eliminating fixed interest payments and substituting them with profit and loss
payments, riba (interest) is avoided under an Islamic banking framework.
While Islamic banks do not pay interest they pay a rate of return to depositors on their
savings. Islamic banks periodically declare a return on deposits, based on the profits
actually earned on investments financed by their PLS deposits. Because banks could
theoretically suffer a loss, this means that depositors principal as well as return are both
at risk under the PLS system. In practice, banks announce expected PLS rates in advance,
so depositors have a good estimate of their rate of return before making a deposit[12].
Like traditional banks, Islamic banks also face credit risk. In case of profit sharing
modes of financing (Modaraba and Musharakah), the credit risk would be nonpayment of the banks share by the lender entrepreneur. This situation arises due to
asymmetric information available to borrowers and lenders in this case the borrower
would have inside information about the proposed projects and their profitability
which the bank would not have access to. Under other contracts such as Murabaha
(cost plus sales or sales with mark up) the rate of return is fixed and predetermined and
such adverse selection and moral hazard problems would not arise. However, credit
risk in Murabaha contracts remains in the form of counterparty risk due to nonperformance of the trading partner (musharik). The non-performance may not be the
fault of the partner but could be due to external systematic forces.
Whether Islamic banks have less or more credit and liquidity risk as compared to
conventional banks depends on institutional arrangements prevalent in a particular
country for example the availability of an Islamic Money Market and central bank
regulations on capital and liquidity requirements for Islamic banks. The evidence for
Malaysia shows that banks engaging in Islamic financing have lower credit and
liquidity risks, but higher interest rate risks than conventional banks. One reason for
lower liquidity risks is that unlike other Islamic countries Malaysian Islamic banks can
use the central bank as a lender of the last resort ( How et al., 2005).
Those Islamic contracts which are based on equity participation will minimize the
adverse selection and moral hazard problems. This is so because under joint ventures
and equity participation schemes there is much more disclosure of a companys books
and investments. However, the agency problems (principal agent problems) will still be
there due to asymmetric information and costly monitoring (Sarker, 2000). However,
one would expect that there will be some reduction in agency problems due to
representation of the equity partners on the Board of Directors of the company.
In developing economies such as Pakistan, most businesses continue to maintain
multiple books of accounts, thus making it very difficult for banks to monitor the true
profitability of various clients. Due to this asymmetry of information the risk of default
increases and also the monitoring costs increase. Documentation of the economy is a huge
challenge for the government of Pakistan where only 1.2 million income earners pay tax
out of a total population of 140 million and 60 per cent of whom are wage earners[13].
In traditional (non-Islamic) banks, interest rate swaps are used as a hedging
instrument against illiquidity which can arise if payment liabilities against deposits
exceed receipts against loans and other assets. In Malaysia, 85 per cent of the Islamic
banks assets are based on fixed rates of return as measured through profit rates, while
90 per cent of the liabilities are on floating profit rates. In the event that cost of funds
increases the banks could find themselves in liquidity shortages even leading to
bankruptcy and a run on the bank. The reason that so far we have not seen such a
situation is that the cost of funds has not fluctuated much. Another reason that Islamic
banks are maintaining their solvency is that a number of banks offering Islamic
Islamic banking
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products have also been operating conventional banking products and using
conventional hedging instruments (Baqar, 2005).
Traditional banks use forward contracts and futures contracts to hedge price risks.
Futures contracts were an improvement over forward contracts in that counterparty
risk (risk of default by a party) is eliminated by the futures exchange by means of the
margining process and by daily marking to market. The incentive to default is reduced
as the futures exchange requires the contracting parties to make an initial deposit
(another name for initial margins) and requiring the losing party to pay up (adjusting
the margins) as losses occur. Through this method of margining and marking to
market the counterparty risks (defaults) have been reduced to negligible rates.
Traditional banks have also used another derivative instrument, that is, of options,
to manage contingent liabilities or contingent claims. Since call and put options allow
one to purchase the right to act or not to act (non-obligation) such non-obligation to
exercise the buying or selling of the asset allows more flexibility and allows further
hedging, risk management and improving cash flows.
Islamic scholars have some reservations[14] on options especially pertaining to the
part relating to trading of call and put options and the charging of premiums, which are
viewed as interest (riba), and are forbidden. Kamali (1996) and Bacha (1999) give
arguments in favor of options and contend that its premiums and its trading are an
extension of the basic trading model allowed in Islam.
In order to manage risk of the banking sector as a whole central banks of Islamic
countries have stipulated various capital adequacy and reserve requirements which are
not uniform to all Islamic banks in various regions of the world (for a general review of
risk analysis, see Khan and Ahmed (2001)).
Here mention must be made that since Islamic banks do not have a large portion of
their assets in fixed income interest bearing assets, as conventional banks do, they
should theoretically budget for a larger capital adequacy ratio and a larger liquidity
ratio. Based on this logic, the Basel Committee has stipulated higher minimum capital
requirements for Islamic banks.
3.1 Risk regulation by the Central Bank
There are two issues related to the relationship of commercial banks with the central
banks. First, central banks pay interest to commercial banks on the reserves kept with
them and secondly central banks are lenders of last resort to the banking sector. The
lending involves an interest penalty for running out of reserves. Islamic banks cannot
take interest on their reserves that they park with the central bank and also cannot
benefit from the liquidity facility provided by the central bank as a lender of the last
resort. By not being able to receive a return on their deposits with the central bank,
Islamic banks lose earnings and profitability and by not being able to pay interest for
liquidity reserves obtained from the central bank, the banks expose themselves to
higher priced money market funds or running short on liquidity in crucial times. This
problem cannot be resolved unless the central bank develops an Islamic deposit facility
which pays a rate of profit to commercial banks on their deposits and the commercial
banks similarly develop an Islamic loans instrument which is profit and loss based
( Iqbal and Molyneux, 2005). Another suggestion has been given by Chapra (1985) that
commercial banks should pool funds to assist liquidity constrained banks. However, it
seems unclear why profit oriented commercial banks would partake of their profits by
participation in such a scheme.
A related problem in the relationship of commercial and central banks is the issue of
open market operations through sales and purchases of government interest bearing
securities. In the absence of Islamic structured government bonds, countries in Middle
East and Pakistan have found a way around this limiting factor by allowing their
banks to operate a hybrid banking operation based on traditional interest based
savings and investment instruments and Islamic windows.
As Islamic banks cannot borrow on the overnight money market or from the central
banks as these carry interest charges, they would be forced to keep higher non-earning
liquidity reserves and thus loose profitability.
Another issue relates to central banks regulatory standards for managing the risks
of Islamic banks as opposed to traditional banks. Central banks already have various
prudential regulations in place to monitor the risk exposure of financial sector. These
relate to capital, assets, management, earnings and liquidity and represented by the
acronym of CAMEL. As Islamic banks have PLS as the primary mode of financing
they carry much higher risks and should have higher capital adequacy ratios (Errico
and Farahbaksh, 1998). While Islamic banking does not guarantee the principal of
various financing contracts, such capital requirements would impart greater solvency
and protect the principal liabilities of depositors and investors.
Another general factor contributing to Islamic banks risk exposure is related to the
business environment in which they operate. South and West Asia and Middle East are
marked by underdeveloped financial markets, political instability and weak property
rights and legal structure. In the case of Pakistan, the weak legal structure is seen from
the fact that the Supreme Court ruling on prohibition of interest has been challenged
and quashed and the matter has still not been resolved by the Shariat (Islamic) Court.
4. Islamic banking in practice: a case study of Pakistan
Previously Sarker (1999), Bashir (1999), Samad (1999) and Iqbal (2001) have analyzed
the performance and efficiency of Islamic banks but these studies were not on
Pakistan. This section examines selective data on the performance of Islamic banking
from Pakistan. We first analyze some consolidated macro statistics on the overall
banking performance of those banks which are engaged in Islamic modes of financing.
We then engage in a more detailed ratio analysis to gauge the profitability, liquidity,
risk and solvency and long-term financing exposure of two fully Islamic banks that
have been given Islamic banking licenses[15].
Islamic banking in Pakistan started in its infancy in 1979 and by 2004 there were 25
Islamic banking branches in operation. While Islamic banking had been initiated two
decades ago without a supporting legal infrastructure, the landmark (riba judgment) of
the Supreme Court in 1999 was to prove instrumental in accelerating Islamic banking in
the country. The court observed that existing banking and finance practices of banks
were non-Islamic and ordered that the total banking and financial system be made
Shariah compliant and all interest (riba) be prohibited in the financial transactions[16].
We initiative this exploratory study by looking at some consolidated State Bank of
Pakistan (SBP) data of all scheduled banks engaged in Islamic banking. We follow this
with bank specific balance sheet data on two fully licensed Islamic banks: Meezan
Bank and Al-Baraqa Bank. The lack of a consistent and disaggregated consolidated
data set on Islamic banking precludes a more in-depth analysis; however, some central
bank data allows us to make a few observations.
Islamic banking
687
MF
34,10
688
Table I.
Sources and uses
of funds
Sources of funds
Deposits
Borrowings
Capital and other funds
Other liabilities
Total
Uses of funds
Financing
Investments
Cash, bank balance and other placements
Other assets
Total
2003 (%)
2004 (%)
65.1
14.7
15.4
4.8
100
68.4
14.9
11.6
5.1
100
67
9.6
15.3
8.1
100
62.4
4.5
27
6.1
100
Modes of financing
Modaraba and Musharakaa
Murabaha
Salam
Istisna
Ijarah
Others
Total
Table II.
Modes of financing
Allocation (%)
6.0
57.1
1.0
0.4
24.8
9.8
100.0
more than 80 per cent of the financing is mark-up based. Using data up to 1985, Khan
and Mirakhor (1990) had earlier observed that Islamic banks do not take long-term
financing exposure whose income is non-mark up based. Two decades after that
observation, the situation remains the same. Musharaka contracts ( joint venture or
partnership) constitute only 10 per cent of their total loan exposure in 2004.
Further evidence on the continued practice of short-term financing by banks is seen
in the behavior of mark up income over the period 2003 to 2004. Net mark up income
has registered a three-fold increase in absolute terms, and as a percentage of mark up
income it has increased from 53.6 to 55.2 per cent.
Islamic banking
689
6,258.81
732.56
6,991.36
Meezan Bank
2003
0.90
0.10
1.00
5,308.64
673.49
5,982.14
2004
0.89
0.11
1.00
8,583.18
3,756.56
12,339.74
2003
0.70
0.30
1.00
6,290.71
1,106.37
7,397.08
0.85
0.15
1.00
Table III.
Composition of shortand long-term financing
(million Rs.)
MF
34,10
690
Table IV.
Trend in modes of
financing (million Rs.)
Table V.
Selected performance
indicators
Modes of
financing
Al Baraka Bank
Meezan Bank
2004
2003
2004
2003
Amount Percentage Amount Percentage Amount Percentage Amount Percentage
Murabaha
financing
4,104.57
Export
refinance
1,661.90
Musharakah
financing
55.06
Net investment
in Ijarah
financing
671.85
Other
497.98
Total
6,991.36
58.7
3,638.08
60.8
4,856.08
39.1
4,678.81
62.7
23.8
1,555.45
26.0
2,705.28
21.8
988.97
13.3
0.8
571.76
4.6
294.66
493.95
5,982.14
4.9
8.3
100.0
3,221.48
985.14
12,339.74
25.9
8.6
100.0
9.6
7.1
100.0
95.700
1,440.35
193.25
737.08
1.3
19.3
3.4
100.0
Capital adequacy
Capital/RWA
Net worth/total assets
Asset composition
NPL/gross loans
NNPL/capital
Earning and profitability
ROA
ROE
Liquidity
Cash deposit ratio
Liquid assets/total assets
Liquid assets/total deposits
Meezan Bank %
Al Baraka Bank %
Industry %
10.0
12.0
18.8
16.0
10.5
6.5
0.5
4.0
2.8
11
11.6
28.8
1.5
29.0
1.2
8.9
1.2
19.5
19.0
22.0
32.0
27.0
36.0
53.0
13.0
36.5
46.3
Sources: Banking System Review (2004), SBP; Meezan Bank and Alabama Bank
Islamic banking
691
MF
34,10
692
5. Conclusion
Islamic banks are different from traditional banks in the modes of financing that they
represent. The risk and equity sharing contracts (Modaraba and Musharaka) are
associated with various investment risks which are the consequence of information
asymmetries leading to moral hazard and adverse selection.
A 100 per cent Islamacized bank is neither supposed to offer or take any interest
earnings from any of its investments. In practice, Islamic banks engage in a hybrid
model of traditional and Islamic savings and investment instruments.
The differing opinions of Islamic scholars on the meaning of Shariah compliance
and permissibility of derivatives and options have impeded the development and
adoption of Islamic futures, derivatives and option contracts in Pakistan and Middle
East. The adoption of modern futures contracts in Indonesia, Kazakhstan, Malaysia
and Turkey has facilitated the expansion and competitiveness of Islamic banks and
other Islamic countries can benefit from developing similar futures products.
Islamic banking in Pakistan is slowly progressing to incorporate PLS based contracts
and is behind the much faster paced developments in Middle East and Malaysia.
However, a preliminary and exploratory analyses of bank data of the two Islamic banks
shows that these banks have met or exceeded industry performance standards in capital
adequacy, profitability and risk management. Much more research is required to asses
whether Islamic banks are optimally leveraging their assets and managing their risks for
which risk adjusted performance measures need to be computed.
Some key policy implications are that Islamic banks will have to be regulated in a
manner that they do not merely engage in short-term trade related financing but also
assist in longer term capital for economic growth. However, the central bank will have to
create a level playing field for both the Islamic and conventional banks and not burden
the Islamic banks with stringent Basel Committee capital and liquidity requirements.
The Securities and Exchange Commission and the central bank will have to create
the laws for the establishment of an Islamic Money Market in Pakistan and other
Islamic countries as has been established in Malaysia. Finally, Islamic banking cannot
take off in Europe and North America without finding a way to guarantee savers
deposits as is the regulatory condition for granting a license to a bank.
Notes
1. Dow Jones Islamic Market Index now has over 1,600 companies with a market
capitalization of $9 trillion. This index excludes those companies which deal in goods
and services prohibited in Islam.
2. Gharar is defined as activities that have elements of uncertainty, ambiguity or
deception. It refers to either the goods or prices of goods, or deceiving the buyer on the
price of goods. It needs clarification that a non-excessive element of gharar is
considered normal and unavoidable. A large element of gharar in a commercial
transaction according to Shariah as it may affect the legality of the transaction.
Insurance, for example, is considered a transaction involving excessive gharar, because
the amount of compensation paid out by the insurance company is uncertain and is
also contingent on specific events in the future.
3. Malaysia has developed hedging instruments by way of 3, 5 and 10 year futures
contracts, an interest rate swap and a KILBOR instrument. If the KILBOR interest rate
rises, a loss in the underlying cash position is offset by a profit in the futures position.
4. For details on Istijrar as a derivative instrument, see Bacha (1999).
5. These are general Islamic contracts and are not limited for use in the financial industry.
These contracts are rooted in Islamic tradition and have been modified to accommodate
modern trade and economic activity.
6. Shariah is Islamic cannon law derived from three sources: the Quran, the Hadith
(sayings of the Prophet Mohammed) and the Sunnah (practice and traditions of the
Prophet Mohammed).
7. The Arabic names with the same meaning as in English are given in parentheses.
8. For the sake of clarity it should be emphasized that Islamic banks do not make loans,
they rather finance various trading and business activities through various profit and
loss sharing contracts.
9. If the bank is truly Islamic then free here means free to choose those investments which
are in compliance with Islamic principles in which investments should earn zero interest,
have no excessive uncertainty and possess no gambling like investment properties.
10. In the event that the bank is financing a pure consumption need, it will sign a leasing
contract (Ijara) if the customer wishes to lease any consumption good usually a
consumer durable or it could enter into a Murabaha contract where it acts as an
intermediary to sell the good to the debtor at a mark-up through a Murabaha contract
or it can finance the pure consumption of small and needy borrowers through a
benevolent loan contract i.e. Qard-e-Hasna.
11. Traditional (non-Islamic) banks in Canada give interest free loans to students for a
certain duration of their studies but do charge them interest usually after six months of
their graduation.
12. Dar and Presley (2000) list a number of reasons for lack of popularity of PLS deposit
accounts. An important theoretical reason is the agency problem whereby the principal
has an incentive to report less profit as it has to be shared with the agent, the depositor.
Another reason is that that secondary markets for Modaraba and Musharaka do not
exist and Islamic banks thus find it hard to mobilize resources.
13. This statistic reveals that businesses generally show false losses in their tax returns or
simply do not file returns. Source: Central Board of Revenue, Pakistan.
14. Usmani (1998) argues that options are invalid as they incorporate a purchase or sale at
a future date. Secondly, in most futures contracts delivery of the commodities or their
possession is not intended and that transactions end up with settlement in difference of
price only which is not allowed in Shariah. Usmani is not correct in ruling out forward
trading as the Prophet Mohammed had allowed such trade provided that such a trade
was of a specific tie period, specific commodity and its specifications of quality and
quantity; also see Khan (1995).
15. At the writing of this article only two banks, Meezan Bank and Al-Baraqa Bank had
been issued full-fledged licenses by the State Bank to operate as Islamic banks.
However, nine other banks also have licenses to offer Islamic financing products while
they also offer conventional banking products for savings and investments. The major
business of these other banks still revolves around conventional banking products.
16. On 24 June 2002, and in response to the review petition filed by United Bank Ltd, the
Supreme Court quashed its earlier judgment on riba of 23 December 1999 and referred
the case to the Federal Shariat Court for their judgment. While the reversing of the
judgment introduced uncertainty, the government has directed the SBP to speed up the
implementation of Islamic banking.
17. The data consolidated by SBP is for two fully Islamized banks with 23 branches plus
nine branches of other banks offering Islamic banking products. In addition, about 40
other Modaraba companies offer limited products but that data is not included here as
they are not scheduled banks.
Islamic banking
693
MF
34,10
694
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Corresponding author
Anjum Siddiqui can be contacted at: anjum economist@yahoo.com