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Islamic banks appeared on the world scene as active players over
two decades ago. But "many of the principles upon which Islamic
banking is based have been commonly accepted all over the world,
for centuries rather than decades".
The
basic principle of Islamic banking is the prohibition of Riba- (Usury
- or interest):
"While
a basic tenant of Islamic banking - the outlawing of riba, a term
that encompasses not only the concept of usury, but also that
of interest - has seldom been recognised as applicable beyond
the Islamic world, many of its guiding principles have. The majority
of these principles are based on simple morality and common sense,
which form the bases of many religions, including Islam.
"The
universal nature of these principles is immediately apparent even
at a cursory glance of non-Muslim literature. Usury was prohibited
in both the Old and New Testaments of the Bible, while Shakespeare
and many other writers, particularly those writing in the 19th
century, have attacked the barbarity of the practice. Much of
the morality championed by Victorian writers such as Dickens -
ranging from the equitable distribution of wealth through to man's
fundamental right to work - is clearly present in modern Islamic
society.
"Although
the western media frequently suggest that Islamic banking in its
present form is a recent phenomenon, in fact, the basic practices
and principles date back to the early part of the seventh century."
(Islamic
Finance: A Euromoney Publication, 1997)
It
is evident that Islamic finance was practiced predominantly in the
Muslim world throughout the Middle Ages, fostering trade and business
activities. In Spain and the Mediterranean and Baltic States, Islamic
merchants became indispensable middlemen for trading activities.
It is claimed that many concepts, techniques, and instruments of
Islamic finance were later adopted by European financiers and businessmen.
The
revival of Islamic banking coincided with the world-wide celebration
of the advent of the 15th Century of Islamic calendar (Hijra) in
1976. At the same time financial resources of Muslims particularly
those of the oil producing countries, received a boost due to rationalization
of the oil prices, which had hitherto been under the control of
foreign oil Corporations. These events led Muslims' to strive to
model their lives in accordance with the ethics and philosophy of
Islam.
Disenchantment
with the value neutral capitalist and socialist financial systems
led not only Muslims but also others to look for ethical values
in their financial dealings and in the West some financial organisations
have opted for ethical operations.
Islam
not only prohibits dealing in interest but also in liquor, pork,
gambling, pornography and anything else, which the Shariah (Islamic
Law) deems Haram (unlawful). Islamic banking is an instrument for
the development of an Islamic economic order. Some of the salient
features of this order may be summed up as:
-
While
permitting the individual the right to seek his economic well-being,
Islam makes a clear distinction between what is Halal (lawful)
and what is haram (forbidden) in pursuit of such economic activity.
In broad terms, Islam forbids all forms of economic activity,
which are morally or socially injurious.
-
While acknowledging the individual's right to ownership of wealth
legitimately acquired, Islam makes it obligatory on the individual
to spend his wealth judiciously and not to hoard it, keep it idle
or to squander it.
-
While allowing an individual to retain any surplus wealth, Islam
seeks to reduce the margin of the surplus for the well-being of
the community as a whole, in particular the destitute and deprived
sections of society by participation in the process of Zakat.
-
While making allowance for the ways of human nature and yet not
yielding to the consequences of its worst propensities, Islam
seeks to prevent the accumulation of wealth in a few hands to
the detriment of society as a whole, by its laws of inheritance.
-
Viewed as a whole, the economic system envisaged by Islam aims
at social justice without inhibiting individual enterprise beyond
the point where it becomes not only collectively injurious but
also individually self-destructive.
The
Islamic financial system employs the concept of participation in
the enterprise, utilizing the funds at risk on a profit-and- loss-sharing
basis. This by no means implies that investments with financial
institutions are necessarily speculative. This can be excluded by
careful investment policy, diversification of risk and prudent management
by Islamic financial institutions.
It
is possible, that investment in Islamic financial institutions can
provide potential profit in proportion to the risk assumed to satisfy
the differing demands of participants in the contemporary environment
and within the guidelines of the Shariah.
The
concept of profit-and-loss sharing, as a basis of financial transactions
is a progressive one as it distinguishes good performance from the
bad and the mediocre. This concept therefore encourages better resource
management.
Islamic
banks are structured to retain a clearly differentiated status between
shareholders' capital and clients' deposits in order to ensure correct
profit-sharing according to Islamic Law.
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