GCC Islamic Finance: New Paradigms for Gulf
Islamic finance resembles to the means by which corporations
in the Muslim world, including banks and other lending institutions, raise
capital in accordance with Sharia, or Islamic law. It also resembles to the
types of investments that are permissible under this form of law. A unique form
of socially responsible investment, Islam
makes no division between the spiritual and the secular, therefore its reach
into the domain of financial matters. We will closely have a brief insight
about this way of financial workings;
The Islamic Vision
Although they have been mandated since the beginnings of
Islam in the seventh century, Islamic banking and
finance have been formalized gradually since the late 1960s, coincident with
and in response to tremendous oil wealth which, fueled renewed interest in and
demand for Sharia-compliant products and practice.
Islamic law views lending with interest payments
as a relationship that favors the lender, who charges interest at the expense
of the borrower. Because Islamic law views money as a measuring tool for value
and not an 'asset' in itself, it requires that one should not be able to
receive income from money (for example, interest or anything that has the genus
of money) alone. Deemed riba (literally
an increase or growth), such practice is proscribed under Islamic law (haram, which
means prohibited) as it is considered usurious and exploitative. By contrast,
Islamic banking exists to further the socio-economic goals of Islam.
Central to Islamic banking and finance is an understanding of
the importance of risk sharing as part of raising capital and the avoidance of riba and gharar (risk or
uncertainty).
Accordingly, Sharia-compliant finance (halal, which
means permitted) consists of profit banking in which the financial institution
shares in the profit and loss of the enterprise that it underwrites. Of equal
importance is the concept of gharar Defined
as risk or uncertainty, in a financial context it refers to the sale of items
whose existence is not certain. Examples of gharar would be
forms of insurance, such as the purchase of premiums to insure
against something that may or may not occur or derivatives used to hedge against possible outcomes.
The equity financing of
companies is permissible, as long as those companies are not engaged in
restricted types of business - such as the production of alcohol, pornography
or weaponry - and only certain financial ratios meet specified guidelines.
Basic Financing Arrangements
Below is a brief snippets of permissible financing
arrangements often encountered in Islamic finance:
- Profit-and-loss sharing contracts (mudarabah). The Islamic bank pools investors' money and assumes
a share of the profits and losses. This is agreed upon with the
depositors. What does the bank invest in? A group of mutual funds screened for Sharia compliance has arisen. The filter
parses company balance sheets to determine whether any sources of income
to the corporation are prohibited (for example, if the company is holding
too much debt) or if the company is engaged in prohibited lines of
business. In addition to actively
managed mutual funds, passive ones exist as well based on such indexes as the Dow
Jones Islamic Market Index and the FTSE Global Islamic Index.
- Partnership and joint stock ownership (musharakah). Three such structures are most common:
2.1. Declining-Balance
Shared Equity:
Commonly used to finance a home purchase, the declining balance
method calls
for the bank and the investor to purchase the home jointly, with the
institutional investor gradually transferring its portion of the equity in the
home to the individual homeowner, whose payments constitute the homeowner's
equity.
2.2. Lease-to-Own: This arrangement is
similar to the declining balance one described above, except that the financial
institution puts up most, if not all, of the money for the house and agrees on
arrangements with the homeowner to sell the house to him at the end of a fixed
term. A portion of every payment goes toward the lease and the balance toward
the purchase price of the home.
2.3. Installment (Cost-Plus) Sale (murabaha): This is an action where
an intermediary buys the home with free and clear title to it. The intermediary
investor then agrees on a sale price with the prospective buyer; this price
includes some profit. The purchase may be made outright (lump sum) or through a
series of deferred (installment) payments. This credit sale is an acceptable
form of finance and is not to be confused with an interest-bearing loan.
- Leasing ('ijarah/'ijar): The sale of the right to use an object (usufruct) for a specific time period. One condition is that the
lessor must own the leased object for the duration of the lease. A variation on the lease, 'ijarah wa 'iqtina provides for a lease to be written whereby the lessor
agrees to sell the leased object at the lease's end at a predetermined
residual value. Only the lessor is bound by this promise. The lessee, by contrast, is not obligated to purchasing the item.
- Islamic Forwards (salam and 'istisna): These are rare forms of financing, used for certain
types of business. These are an exception to gharar. The price for the item is prepaid and the item is
delivered at a definite point in the future. Because there is a host of
conditions to be met to render such contracts valid, the help of an
Islamic legal advisor is usually required.
Permissible Investment(s)
Here are some permissible types of investment for Islamic
investing:
- Equities.
Sharia law allows investment in company shares (common stock) as long as those companies do not engage in lending,
gambling or the production of alcohol, tobacco, weaponry or pornography.
Investment in companies may be in shares or by direct investment (private
equity). Islamic scholars have made some concessions on permissible
companies, as most use debt either to address liquidity shortages (they
borrow) or to invest excess cash (interest-bearing instruments). One set
of filters excludes companies that hold interest-bearing debt, receive
interest or other impure income or trade debts for more than their face
values. A further distillation of the aforementioned screens would exclude
companies whose debt/total asset ratio equals or exceeds 33%; companies
with "impure plus non-operating interest income" revenue equal
to or greater than 5% or companies whose accounts receivable/total assets
equal or exceed 45% or more.
- Fixed-Income Funds.
2.1 Retirement Investments.
Retirees who want their investments to comply with the tenets of Islam face a
dilemma in that fixed-income investments include riba,
which is forbidden. Therefore, specific types of investment in real estate,
either directly or in securitized fashion (a diversified real
estate fund), could provide steady retirement income while not running afoul of
Sharia law.
2.2
Sukuk
: In a typical ijara
sukuk (leasing
bond-equivalent), the issuer will sell the financial certificate to an investor
group, who will own them before renting them back to the issuer in exchange for
a predetermined rental return. Like the interest rate on a conventional bond,
the rental return may be a fixed or floating rate pegged to a benchmark, such
as LIBOR. The issuer makes a binding promise to buy
back the bonds at a future date at par value. Special
purpose vehicles (SPV)
are often set up to act as intermediaries in the transaction. Asukuk may be a new borrowing, or
it may be the Sharia-compliant replacement of a conventional bond issue. The
issue may even enjoy liquidity through listing on local, regional or global
exchanges.
Insurance
Shield
Traditional insurance is not permitted as a means of risk
management in Islamic law. This is because it constitutes the purchase of
something with an uncertain outcome (form of ghirar), and
because insurers use fixed income - a form of riba - as part
of their portfolio management process to satisfy liabilities.
A possible Sharia-compliant alternative is
cooperative (mutual) insurance. Subscribers contribute to a pool of funds,
which are invested in a Sharia-compliant manner. Funds are withdrawn from the
pool to satisfy claims, and unclaimed profits are distributed among policy
holders. Such a structure exists infrequently, so Muslims may avail themselves
of existing insurance vehicles if needed or required.
In a Nut shell
Islamic finance is a centuries-old practice that is gaining
recognition throughout the world and whose ethical nature is even drawing the
interest of non-Muslims. A rapid new banking system is emerging in the Gulf
region to enhance more and more adoption of Islamic finance and this is bound
to grow in the years to come.