The Rationale Behind the Prohibition of Riba1

Embed Size (px)

Citation preview

  • 8/6/2019 The Rationale Behind the Prohibition of Riba1

    1/6

    THE ISLAMIC FINANCIAL SYSTEM:

    AN INTRODUCTIONby

    Dr. M. Umer Chapra

    for the Muslim Almanac

  • 8/6/2019 The Rationale Behind the Prohibition of Riba1

    2/6

    All major religions, including Hinduism, Judaism, Christianity

    and Islam, have prohibited interested. This raises two questions. The

    first question is whether an interest-free financial system has ever

    been established and how effective it was in mobilizing and utilizing

    savings, the primary objective of a financial system. The second

    question is that, even if the system was successful then, can it be

    workable now when the international financial environment is

    significantly different from what prevailed during the heyday of

    Muslim civilization.

    The answer to the first question is that from the very earlystage in Islamic history, Muslims were able to establish an interest-

    free financial system in conformity with the teachings of the

    Shariah. The system was based primarily on the profit-and-loss

    sharing (PLS) modes ofmudarabah (commenda) and musharakah

    (partnership). It worked quite effectively not only during the heyday

    of Islamic civilization but also for centuries thereafter. It was able to

    mobilize the entire reservoir of monetary resources of the medievalIslamic world for financing agriculture, crafts, manufacturing and

    long-distance trade. The system was used not only by Muslims but

    also by Jews and Christians to the extent that interest-bearing loans

    and other usurious practices were not in common use (Udovitch,

    1970, p. 257; see also p. 268)

    Bankers were known in early Muslim history as sarrfs or

    sayrifah. By the time of the Abbasid caliph al-Muqtadir (295-

    320AH/908-932AC), they had started performing most of the basic

    functions of modern banks (Fischel, 1992). They had their own

    markets, something akin to the Wall Street in New York and the

    Lombard Street in London, and fulfilled all the banking needs of

    commerce, industry and agriculture within the constraints of the

    then-prevailing technological environment (Duri, 1986, p. 898).

    2

  • 8/6/2019 The Rationale Behind the Prohibition of Riba1

    3/6

    The ability to mobilize financial resources, along with a

    combination of several economic and political factors, provided a

    great boost to trade which flourished from Morocco and Spain in the

    West, to India and China in the East, Central Asia in the North, andAfrica in the South. The extension of Islamic trade influence is

    indicated not only by the available historical documents but also by

    the Muslim coins of the seventh to the eleventh centuries found

    through excavations in countries like Russia, Finland, Sweden,

    Norway, the British Isles and Scotland, which were on the outskirts

    of the then-Muslim world (Kramers, 1952, p. 100; see also pp. 101-

    106).

    Due to a number of socio-political and historical circumstances

    the Muslim world lost its position of leadership in the economic,

    political, educational and technological fields and a number of

    Islamic institutions, including the Islamic financial system, got

    displaced by Western institutions, some of which are in clear conflict

    with Islamic teachings (see Chapra, 2000, pp. 173-252). However,

    the independence of Muslim countries from foreign domination

    around the middle of the 20th century has led to the revival of Islam

    and an effort is being made to reinstate most of the lost institutions,

    the Islamic financial system being one of them.

    This brings us to the second question of whether Islamic

    finance is workable now in an environment which is significantly

    different from what prevailed during the heyday of Muslim

    civilization. Economies have become more complex and the

    financial system cannot be a replica of the past. Therefore, even

    though the PLS modes continue to be emphasized, the debt-creating

    sales-based modes ofmurabahah,iijarah, (leasing), salamii and

    istisnaiiiare currently playing a more important role. This is because

    the institutional infrastructure necessary for movement into the PLS

    modes has not yet become available. As compared with the PLS

    modes, the rate of return in the sales-based modes gets fixed in

    3

  • 8/6/2019 The Rationale Behind the Prohibition of Riba1

    4/6

    advance. Nevertheless, there is a difference between these modes

    and pure lending and borrowing on interest. They are not only asset-

    based but also require the financier to share in the risk at least to

    some extent.

    The impression that one gets from the rapid expansion of the

    system so far is that the system has been working successfully and

    is capable of handling all the financial needs of both the public and

    private sectors. According to a rough estimate there are more than

    250 Islamic banks around the word, of which one is even in the U.K.

    In addition, a number of conventional banks, including some major

    multinational western banks, have opened either branches or

    windows to offer Islamic financial services. All these together have

    assets close to $500 billion. The prospects for the future are even

    brighter because, in spite of the rapid expansion of the system, only

    a small part of the potential market has been tapped so far. While in

    the 1950s and the 1960s Islamic banking was only an academic

    dream, it has now become a reality. It has also attracted the

    attention of Western central banks like the Federal Reserve and the

    Bank of England, international financial institutions like the IMF and

    the World Bank, and prestigious centres of learning like Harvard

    University and the London School of Economics.

    Nevertheless, the system is still in its infancy. When it comes

    of age with the passage of time, it may be able to not only

    accelerate development in the Muslim world but also exert a healthy

    influence on the international financial system which has been

    experiencing a great deal of instability over the last three decades.

    It may be difficult to overcome this instability without injecting

    greater discipline into the financial system. The prohibition of

    interest by the major religions can be helpful in this task. The

    assured positive rate of return on deposits and loans that the rate of

    interest involves stands in the ways of ensuring such discipline.

    4

  • 8/6/2019 The Rationale Behind the Prohibition of Riba1

    5/6

  • 8/6/2019 The Rationale Behind the Prohibition of Riba1

    6/6

    iMurabahah (also called bay muajjal) refers to a sales agreement whereby the sellerpurchases the goods desired by the buyer and sells them at an agreed marked-up price, thepayment being settled within a specified time frame, either in instalments or lump sum. Theseller bears the risk for the goods until they have been delivered to the buyer.

    ii Salam refers to a sales agreement whereby full payment is made in advance against anobligation to deliver the specified fungible goods at an agreed future date. This is not the

    same as speculative forward sale because full, and not margin, payment is required. Underthis arrangement the seller, say a farmer, may be able to secure the needed financing bymaking an advance sale of only a part of his expected output. This may not get him intodelivery problems in case of a fall in output due to unforeseen circumstances

    iii Istishn refers to a sales agreement whereby a manufacturer (contractor) agrees to

    produce (build) and deliver a certain good (or premise) at a given price on a givendate in the future. This, like salam, is an exception to the general Shariah ruling whichdoes not allow a person to sell what he does not own and possess. However, unlikesalam the price need not be paid in advance. It may be paid in agreed instalments, orpartly at the front-end and the balance later on as agreed.

    References1. Chapra, M. Umer (2000), The Future of Economics: An Islamic Perspective (Leicester: The

    Islamic Foundation).

    2. Duri A.A. (1986), Baghdad, The Encyclopedia of Islam (Leiden, E.S. Brill), Vol.1, pp.894-909.

    3. Fischel, W.J., (1992), Djahbadh, in the Encyclopedia of Islam, Vol. 2, pp.382-3.

    4. Kramers, J.H., (1952), Geography and Commerce, in T. Arnold and A. Guillaume (eds.),The Legacy of Islam (London: Oxford University Press).

    5. Udovitch, Abraham, (1970), Partnership and Profit in Early Islam (Princeton, N.J.: Princeton

    University Press).