Mufti Taqi Usmani presents paper at World Economic Forum Annual Meeting 2010

Mufti Taqi Usmani presented a paper at this year’s World Economic Forum Annual Meeting at Davos, entitled, “Post-Crisis Reforms: Some Points to Ponder”.
OST-CRISIS REFORMS: SOME POINTS TO PONDER

In modern economics, we are used to a purely materialistic and secular
approach that does not allow religious concepts to interfere with its theories and
concepts, on the premise that economy is outside the domain of religion. It is,
however, an interesting irony that every dollar note has the admission: “In God
we trust”, but when it comes to develop theories to earn dollars or to distribute
or spend them, trust is placed only on human ideas based on personal
assessments; God is held totally out of picture, as being irrelevant to economic
activities!!!

It is perhaps for the first time that, as an aftermath of the present financial crisis,
when different quarters are coming up with different suggestions to solve the
problem, the ‘World Economic Forum’ has invited representatives of religion to
give their input to the initiative of reshaping the economic set-up on the basis of
values, principles and fresh thoughts. This commendable initiative deserves full
support from religious circles. As a humble student of Islamic disciplines, and
particularly of Islamic economic principles, I would like to highlight some basic
points, derived from Islamic economic precepts, that I believe, are essential for
independent and fresh consideration while seeking solutions to our economic
problems.

Read detail

Mufti Taqi Usmani

Mufti Muhammad Taqi Usmani is one of the leading Islamic scholars living today. He is an expert in the fields of Islamic Jurisprudence, Economics, Hadith and Tasawwuf. Born in Deoband in 1362H(1943 CE), he graduated par excellence form Dars e Nizami at Darul Uloom, Karachi, Pakistan. Then he specialized in Islamic Jurisprudence under the guidance of his eminent father, Mufti Muhammad Shafi, the late Grand Mufti of Pakistan. Since then, he has been teaching hadith and Fiqh at the Darul-Uloom, Karachi.

He has authority to teach hadith from his father Mufti Muhammad Shafi, Maulana Idrees Khandhelawi, Qari Mohammed Tayyeb, Maulana Saleemullah Khan, Mufti Rasheed, Moulana Sehban Mahmood, Allama Zafar Ahmed Usmani, Sheikhul Hadith Moulana Zakariya Khandelawi, Sheikh Hassan Meshat (ra) and others.

In tradition to the scholars of Deoband, recognizing the importance of Tasawwuf, he traversed the path under the guidance of Sheikh Dr. Abdul Hayy Arifi and Moulana Maseehullah Khan both khulafa of Hakeemul Ummat Moulana Ashraf Ali Thanvi (rahmetullah ajmaeen). And is authorized by both of his mentors in Silsila e Ashrafia: Chistiyyah, Naqshbandiyah, Qadiriyah and Suharwardiyah. In addition to his busy schedule he is himself a mentor to numerous spiritual aspirants all over the world.

He also holds a degree in law and was a Judge at the Sharia Appellate Bench of the Supreme Court of Pakistan till recently.

He is a consultant to several international Islamic financial institutions and has played a key part in the move toward interest free banking and the establishment of Islamic financial institutions. He is considered to be an authority on this subject.

He is the deputy chairman of the Jeddah based Islamic Fiqh Council of the Organization of Islamic Conference (OIC).

He has been writing on various Islamic topics and is author of more than 60 books and numerous articles.

Presently he is the Vice-president of Darul-Uloom, Karachi, Pakistan, where he teaches Sahih Bukhari, Fiqh and Islamic economics.

He also conducts a weekly session for the public interested in spiritual improvement.

Reality

• Profit margin that Islamic banks charge in their trade operations is permissible if trading principles given by Islam are properly taken care of.
• PLS modes have preference but Debt creating modes also permissible; Banks can use any modes keeping in view the Risk Profile of the investors and nature of business and cash flow of entrepreneurs.
• Money cannot be rented

"They used to say that it is all equal whether we increase the price in the beginning of the sale, or we increase it at the time of maturity. It is this objection which has been referred to in the verse by saying “They say that the sale is very similar to Riba.” (Ibn-Abi-Hatim)

Some other Myths

Credit and cash market prices of a commodity must be same
Profit margin on credit sale by banks resembles Riba.
Sharing vs. Non Sharing instruments:
Permissibility & Priority two different aspects
Money can be rented like other assets

Riba versus Bai

Those who protested and argued that lending on interest was like an act of trade, were admonished through revelation that while ‘trade’ was permitted, ‘riba’ was forbidden and in loan transactions they were entitled to their principal sums only.

Riba - Unanimity

• Banu Thaqif of Taif, not to forego interest on their receivables; Banu Amr
• ibnal Moghirah refused to pay interest; Referred to the H Prophet, the Revalation came:

"O you who believe. Fear Allah, and give up the Riba that remains outstanding if you are (in truth) believer”. (11:278)"

• And if you repent, then you have your principal. Wrong not, and you shall not be wronged ”. {without inflicting or receiving injustice}
• And fear the day when you shall be brought back to Allah.
• Then shall every soul be paid what it earned and none shall be dealt with unjustly.

Reality

Differentiating: Trading, loaning and leasing

• Return by way of pricing of goods and their usufruct needs to be fixed: permissible.
• Islamic banking is also a business, It does not mean availability of cost free money.
• Repayment of debts is must.
• Time value of money is accepted to the extent of pricing of goods but not in the form of conventional opportunity cost concept.

Misconceptions - Myths

• Any Return on deposits is Riba;
• Any prefixed return – Riba
• Islamic banking: cost-less money available – Approach of Businesses
• Repayment of loans not a serious issue –be waived of
• Trade profit similar to interest on loans / debts

Riba?

• All increases in wealth or benefits accruing to a person without any labour, risk, or expertise.
• One who wishes to earn profit on his monetary investment must bear the loss or damage accruing to the business where his money capital is to be used.
• Nature of transaction important.
• Trading- Bai- Risk taking, value addition
• Leasing – Ijarah - Risk taking, value addition
• Exchange transaction – Monetary transactions
• Lending – a virtuous act; not a business
• Hand to hand exchange of currencies

Quran Guides on Def of Riba

Financial Liability:
Qard (Loan) : to give anything in ownership of other by way of virtue - same or similar amount of that thing would be paid back on demand or at the settled time.
Dayn (Debt) : Incurred by way of trade or rent or any other credit transaction - ought to be returned at the settled time without any profit.
Verse 2: 279 guides that whatever is over and above the principal of loans or debts is Riba.

Riba Prohibition

• All revealed religions
• Severe Prohibition in Quran $ Sunnah
• Unanimity on Riba Prohibition;
• Problem then?
• Interpretation
• Consensus

Islamic Banking?

Banking encompassing Islamic injunctions

To avoid:

• Riba –Earning returns from loans and debts or Selling debt contracts at discount
• Gharar – Absolute Risk or Excessive uncertainty in contracts, Gambling and chance-based games (Qimar)
• General Prohibitions
• unethical practices

Shariah Compliance & Prudent Banking

PRINCIPLES OF CONTRACTS IN THE QURAN AND SUNNAH

Islam is a complete code of life. It deals with each and every field of life. Islam tells us how to live in a society. In a society a person have to live with others. He has to perform “Ibadat” as well as he has to perform “Muamalat”. There is a great difference between these “devotional acts” and “transactions”, but Islam deals with both of them. For the beneficiary of human kind, Allah Almighty has imposed some restrictions in doing and performing these devotional acts and transaction. In other words we can say that Allah almighty has set some rules about both, the devotional acts and transactions. As business law deals only with transactions, hereby we will see only those principles which are related to the business transactions.

Free mutual consent is the first principle of transaction which has been clearly mentioned in The Holy Quran. This principle tells us that all mutual contracts should be made mutual approval and all those contracts which will are made through coercion, fraud, misrepresentation or any other illegal mean, are invalid and illegal. This principle can only be act upon when all concerning parties have certain and definite knowledge of the subject matter of the contract and the rights and obligations arising from it.
A number of verses of the Holy Quran and Ahadith of the Holy profit (S.A.W) can be cited in the support of this principle.

Islam has tolled us another valuable general principle about mutual contracts. This principle tells that any contract which may harmful for one of the concerning parties, or which may create uncertainty between concerning parties is strictly prohibited. Through this valuable principle many contracts like Qimar (gambling), Mayser, Khilabah and Ghashsh (fraud) have been prohibited. Each of these contracts has its own definition and has been mentioned through the verses of Holy Quran and Ahadith of Holy Prophet (S.A.W).
The translation verses of The Holy Quran are following:

banks in Malaysia

Bank Negara Malaysia (The central bank of Malaysia)

9 Anchor Banks (Major / Commercial banks)

1. Affin Bank Berhad
2. Alliance Bank Berhad
3. AmBank Berhad
4. CIMB Bank Berhad
5. EON Bank Berhad
6. Hong Leong Bank Berhad
7. Malayan Banking Berhad (Maybank)
8. Public Bank Berhad
9. RHB Bank Berhad

Fully Qualified Foreign-owned banks
* Citibank
* HSBC Bank Malaysia
* Oversea-Chinese Banking Corporation (OCBC Bank)
* The Standard Chartered Bank (StanChart)
* The Bank of Nova Scotia (Scotiabank)
* The Royal Bank of Scotland (RBS)-Former ABN Amro
* United Overseas Bank (UOB)

Marketing & Representative Offices in Kuala Lumpur
* ANZ National Bank Limited
* The Bank of East Asia Ltd (BEA)
* The Bank of Tokyo-Mitsubishi UFJ Limited
* The Bank of New York Mellon Limited
* Credit Suisse Limited
* DBS Bank Limited
* National Australia Bank (NAB)
* The Royal Bank of Scotland Limited
* UCO Bank Limited
* Deutsche Bank (M) Berhad
* JPMorgan Chase & Co.Bank (M) Berhad
* Bangkok Bank (M) Berhad
* Bank of America (M) Berhad
* Bank of China (M) Berhad
* Bank of Tokyo-Mitsubishi UFJ (M) Berhad

50 Offshore Banks & Branches in Labuan
* Affin Bank Berhad
* Al-Hidayah Investment Bank (Labuan) Ltd (Labuan Branch)
* Aminternational (Labuan) Ltd (Labuan Branch)
* AmMerchant Bank Berhad
* Bank Islam Malaysia Berhad, (Labuan Offshore Branch)
* Bank Muamalat Malaysia Berhad, (Labuan Offshore Branch)
* Bank of America National Association Berhad, (Labuan Branch)
* The Bank of East Asia Ltd (BEA) (Labuan Branch)
* The Bank of Nova Scotia (Labuan Branch)
* The Bank of Tokyo-Mitsubishi UFJ Limited (Labuan Branch)
* Barclays Bank PLC (Labuan Branch)
* BNP Paribas (Labuan Branch)
* Calyon (Labuan Branch)
* Capital Investment Bank Limited (Labuan)
* Cathay United Bank (Labuan)
* CIMB Bank (L) Limited
* Citibank Malaysia (L) Limited (Labuan)
* City Credit Investment Bank Limited (Labuan)
* Commercial IBT (Labuan Branch)
* Credit Suisse (Labuan Branch)
* DBS Bank Limited (Labuan Branch)
* Deutsche Bank AG (Labuan Branch)
* Dresdner Bank AG (Labuan Branch)
* ECM Libra Investment Bank Limited (Labuan)
* The Hongkong and Shanghai Banking Corporation Limited Offshore Banking Unit (Labuan)
* ING Bank NV (Labuan Branch)
* The International Commercial Bank of China (Labuan Branch)
* J.P. Morgan Malaysia Ltd (Labuan)
* J.P. Morgan Chase Bank National Association (Labuan Branch)
* KBC Bank NV (Labuan Branch)
* Kuwait Finance House Labuan Berhad (Labuan Branch)
* Lloyds TSB Bank PLC (Labuan Branch)
* Mizuho Corporate Bank Ltd (Labuan Branch)
* Macquarie Bank Limited (Labuan Branch)
* Maybank International (L) Ltd (Labuan Branch)
* Morgan Stanley Labuan Investment Bank Limited (Labuan Branch)
* Natexis Banques Populaires (Labuan Branch)
* OSK Investment Bank (Labuan) Limited (Labuan)
* OCBC Bank Limited (Labuan Branch)
* Public Bank (L) Limited (Labuan)
* Rabobank Nederland (Labuan Branch)
* RHB Bank (L) Ltd (Labuan)
* The Royal Bank of Scotland PLC (Labuan Branch)
* RUSD Investment Bank Inc (Labuan)
* Schroders Malaysia (L) Berhad (Labuan)
* Societe Generale (Labuan Branch)
* Sumitomo Mitsui Banking Corporation (Labuan Branch)
* UBS AG (Labuan Branch)
* United Overseas Bank Limited (Labuan Branch)

Development Financial Institutions (Government-owned banks)
* AGRO Bank Berhad
* Bank Kerjasama Rakyat Malaysia Berhad (Bank Rakyat)
* Bank Simpanan Nasional Berhad
* Export-Import Bank of Malaysia Berhad (Exim Bank)
* Bank Perusahaan Kecil & Sederhana Berhad ((Small Medium Enterprise) SME Bank Berhad)
* Sabah Development Bank Berhad (SDB)
* Sabah Credit Corporation Berhad
* Lembaga Tabung Haji
* Credit Guarantee Corporation Malaysia Berhad (CGC)
* Malaysian Industrial Development Finance Berhad (MIDF)
* Bank Pembangunan Malaysia Berhad (BPMB) (The development bank of Malaysia)

15 Islamic banks (local & foreign)
* Alliance Islamic Bank Berhad
* Asian Finance Bank (M) Berhad
* Bank Islam Malaysia Berhad
* Bank Muamalat Malaysia Berhad
* Hong Leong Islamic Banking Berhad
* CIMB Islamic Bank Berhad
* RHB Islamic Bank Berhad
* AmIslamic Bank Berhad
* Affin Islamic Bank Berhad
* Al Rajhi Banking & Investment Corporation (Malaysia) Berhad
* EONCAP Islamic Bank Berhad
* Kuwait Finance House (Malaysia) Berhad
* Maybank Islamic Berhad
* Public Islamic Bank Berhad
* Koperasi Bank Persatuan Malaysia Berhad (Bank Persatuan)

Banks in Dubai

Since United Arab Emirates is an Islamic country the Islamic code of conduct is followed by certain banks to cater to a strongly religious clientèle. These banks follow the Hadiz / Hadij which is the Muslim code of conduct. Dubai Bank make a gift payment to their customers since usury is strictly banned by the Muslim social laws.

• ABN-AMRO Bank
• ANZ Grindlays Bank
• Abu Dhabi Commercial Bank Ltd.
• Al Ahli Bank of Kuwait
• American Express Bank Ltd.
• Arab African International Bank
• Arab Bank Plc
• Arab Bank for Investment & Foreign Trade
• Arab Emirates Investment Bank Ltd.
• Bank Brussels Lambert
• Bank Melli Iran
• Bank Muscat Al Ahli Al Omani
• Bank Saderat Iran
• Bank of Bahrain & Kuwait
• Bank of Baroda
• Bank of Sharjah
• Banque Banorabe
• Banque Indosuez
• Banque Libanaise pour le Commerce
• Banque Paribas
• Banque du Caire
• Barclays Bank P.L.C.
• HSBC
• Cedel Bank
• Citibank N.A.
• Commercial Bank International Plc
• Commercial Bank of Dubai Ltd.
• Core States Bank
• Credit Suisse
• Dresdner Bank
• Dubai Islamic Bank
• Emirates Bank International Ltd.
• Emirates Industrial Bank
• First Gulf Bank
• HSBC Financial Services
• Habib Bank A.G. Zurich
• Habib Bank Limited
• Investment Bank for Trade & Finance
• Janata Bank
• Lloyds Bank PLC
• Mashreq Bank
• Merrill Lynch Bank Suisse
• Middle East Bank Ltd.
• National Bank of Abu Dhabi
• National Bank of Dubai Ltd.
• National Bank of Fujairah
• National Bank of Ras Al-Khaimah
• National Bank of Sharjah
• National Bank of Umm Al Quwain
• Philippine National Bank
• Royal Bank of Canada
• Societe Generale
• Standard Chartered Bank
• U.A.E. Central Bank
• UBS AG
• Union National Bank
• United Arab Bank
• United Bank Ltd.
• Westdeutsche Landsbank.

The Islamic Banks in Dubai are:

• Dubai Islamic Bank
• Emirates Islamic Bank
• Sharjah Islamic Bank
• Abu Dhabi Islamic Bank
• Islamic Commercial Bank

Major differences between islamic banking and conventional banking?

There are two major difference between Islamic Banking and Conventional Banking:
1. Conventional banking practices are concerned with "elimination of
risk" where as Islamic banks "bear the risk" when involve in any
transaction.
2. When Conventional banks involve in transaction with consumer they
do not take the liability only get the benefit from consumer in form of
interest whereas Islamic banks bear all the liability when involve in
transaction with consumer. Getting out any benefit without bearing its
liability is declared Haram in Islam.

Why Islamic Banking Is Successful?

Islamic Banks Are Unscathed Despite of Financial Crisis

By Prof. Rodney Wilson
Professor-Durham University


The collapse of leading Wall Street institutions, notably Lehman Brothers, and the subsequent global financial crisis and economic recession, are encouraging economists world-wide to consider alternative financial solutions.

Attention has been focused on Islamic banking and finance as an alternative model. What lessons can be learnt, and how resilient have Islamic banks been during the current crisis?

Islamic Banking Principles And Sub-prime Lending

The religious teaching underpinning Islamic finance is concerned with justice in financial contracts to ensure that none of the parties is being exploited.

Riba( interest or usury) is one source of exploitation, especially, as in the case of sub-prime lending, the highest rates were charged to lower earners. Such discriminatory charging by conventional banks was justified as being a reflection of the risks involved.

Those on lower incomes, with poorer prospects of finding new employment in the event of redundancy, were less likely to be able to service their interest payments.

Islamic housing finance involves risk sharing between the bank and the client, rather than transferring all the risk to the latter.

Under the most commonly used diminishing musharaka (partnership) contract, the bank and the client form a partnership, with the bank providing up to 90 percent of the purchase price, and the client at least 10 percent.

Over a period of usually 10 to 25 years, the client buys out the ownership share of the bank which makes its profit from the rent paid by the client for the share the bank owns.

In the event of a rental or repayments default, the bank may advance the clients an interest-free loan (qard hassan in Arabic) to enable them to continue their payments during the recession in anticipation that they will pay in full when the economy rebounds.

The client retains their home rather than being faced with eviction— like the victims of the sub-prime crisis.

Of course Islamic banks have to appraise credit risk, and indeed are more cautious about who they should finance than conventional banks.

The banks in the United States charged high arrangement fees for sub-prime borrowers which were used to pay bonuses for those signing up new clients.

As the mortgages were sold on to Freddie Mac and Fanny Mae, the arrangers were unconcerned that the sub-prime borrowers might be unable to meet their financial obligations.

Indeed, gifts were provided to entice the feckless to sign up, and the mortgages often exceeded the value of the property.

The banks in other words became mere booking agents, with no long term commitment to their clients.

The Islamic Banking Record

Consequently when the credit crunch came and borrowing from wholesale markets was halted, Islamic banks were not exposed.

In contrast to conventional banks, no Islamic bank has failed and has needed government recapitalization which ultimately becomes a burden on hard pressed taxpayers.

All Islamic banks comply with the Basel II capital adequacy requirements and the Islamic Financial Services Board (IFSB)- the body which advises regulators with respect to Islamic finance- has produced detailed guidelines on compliance. The IFSB has an on-going relationship with the Bank for International Settlements-the institution which developed the Basel standards- and is certain to be consulted as Basel III guidelines are drafted for capital adequacy which are likely to be implemented globally in the coming decade.

The soundness of Islamic banks is accounted for by the fact that they use a classical banking model, with financing derived from deposits, rather than being funded by borrowings from wholesale markets.

Consequently when the credit crunch came and borrowing from wholesale markets was halted, Islamic banks were not exposed. However, Islamic banks are not immune from the effects of the global recession, and the fall in oil prices will inevitably have a negative impact on 2008 results of Gulf-based Islamic banks. The situation will become clearer from February once the audited financial statements start to appear.

Two Islamic housing financial institutions, Amlak and Tamweel are being merged, as both have faced problems given their exposure to the Dubai property market.

In Iran where all financial operations have been shariah-based since the Law on Usury Free Banking was introduced in 1983, banks have been relatively insulated from the financial crisis, ironically because United States sanctions meant they could not deal with institutions such as Lehman Brothers which were trying to place large amounts of toxic debt with Middle Eastern banks.

The sanctions therefore proved to be a blessing in disguise for Iran— although the Islamic banks there have been adversely affected recently by the fall in gas prices.

Nevertheless being state owned, institutions such as Bank Melli, the largest Islamic bank in the world, are well placed to ride out the global financial storm. With assets of over $50 billion, and 2007 profits exceeding $540 million, it has more than adequate resources to cope.

Islamic Financial Stability

Islamic banks enjoy a built-in stabilizer to help them cope with economic downturns, as instead of paying interest to depositors, those with investment mudaraba accounts share in the banks profits.

Thus, if profitability declines in an economic downturn, depositors receive lower returns, but if profits rise they enjoy higher returns.

This profit sharing reduces risk for the banks and means they are less likely to become insolvent. However as the banks build up a profit equalization reserve, which can be used to finance pay-outs during difficult years, depositors benefit from some protection of their returns during economic downturns.

The last year has been difficult, if not disastrous, for equity investors, given the fall in stock market prices globally.

Investors in equities screened for shariah compliance have also suffered, but less than their conventional counterparts, because they have not invested in the shares of riba-based banks which have fared especially badly during the global financial turmoil.

Investors seeking Shariah compliance have portfolios which are more heavily weighted in sectors such as healthcare or utilities where revenue streams are maintained even during cyclical down-turns.

Prospects for Islamic Finance

Islamic banking provides a viable alternative to conventional banking and is less cycle prone. The spread of Islamic finance into western markets demonstrates that it now being treated seriously by regulators and finance ministries.

There are already five wholly Islamic banks in London, and the first Islamic bank will open in France in 2009. According to the conservative estimates of the Banker in October 2008, Islamic financial assets globally exceed $500 billion, a figure that could easily double over the coming decade.

The experience of Islamic banking in the United Kingdom has been extremely positive. Islamic Bank of Britain has been operating as a retail bank for over four years, and has attracted over 40,000 customers. HSBC Amanah, the Islamic finance subsidiary of HSBC, has been operating for ten years in London, focusing mainly on institutional clients and business finance.

Alburaq, the Islamic finance subsidiary of Arab Banking Corporation, has become the market leader for shariah compliant home finance in the United Kingdom.

None of these institutions has been affected by the global financial crisis, and their resilience bodes well for the future.

Sukuk Are Real Assets

In addition to banking, Islamic sukuk security issuance has enormous potential. Unlike conventional bonds and notes, sukuk are backed by real assets, which provides assurance to investors.

Although global sukuk markets were adversely affected by the global recession in 2008, longer term prospects look promising, with the United Kingdom authorities promoting London as an international centre for sukuk issuance to rival Bahrain, Dubai and Kuala Lumpur.

The Malaysian ringgit sukuk market has been largely unaffected by the global turmoil in securities markets, and issuers such as the Saudi Arabia Basic Industries Corporation, one of the world’s largest petrochemical producers, view sukuk as a desirable instruments to raise funding for plant expansion.

There can be no doubt that Islamic finance has an exciting future, and the quest for a financial system based on moral values rather than greed and fear, is bound to enhance its position in the global system

Islamic Mortgage

he Qur'an is very clear about the prohibition against usury-based business transactions (riba'):

"Those who devour usury cannot stand.... That is because they say, trade is only like usury; yet Allah has allowed trade and forbidden usury.... Allah does not bless usury, and He causes charitable deeds to prosper, and Allah does not love any ungrateful sinner. Oh you who believe! Be careful of your duty to Allah and relinquish what remains due from usury, if you are believers. If the debtor is in difficulty, grant him time until it is easy for him to repay. But if you remit it by way of charity, that is best for you if you only knew." Qur'an 2:275-280

"O you who believe! Do not devour usury, making it double and redouble, and be careful of (your duty to) Allah, that you may be successful." Qur'an 3:130

In addition, the Prophet Muhammad is said to have cursed the consumer of interest, the one who pays it to others, the witnesses to such a contract, and the one who records it in writing.

The Islamic judicial system is committed to fairness and equity among all parties. The fundamental belief is that interest-based transactions are inherently unfair, giving a guaranteed return to the lender without any guarantees for the borrower. The basic principle of Islamic banking is the sharing of risk, with shared responsibility for profit and loss.

What Are the Islamic Alternatives?
Modern banks usually offer Islamic financing of two main types: murabahah (cost plus) or ijarah (leasing).

Murabahah: In this type of transaction, the bank purchases the property and then re-sells it to the buyer at a fixed profit. The property is registered in the buyer's name from the beginning, and the buyer makes installment payments to the bank. All costs are fixed at the time of the contract, with the agreement of both parties, so no late payment penalties are permitted. Banks usually ask for strict collateral or a high down payment in order to protect against default.

Ijarah: This type of transaction is similar to real estate leasing or rent-to-own contracts. The bank purchases the property and retains ownership, while the buyer makes installment payments. When payments are complete, the buyer gains 100% ownership of the property.

Misconceptions About Insurance and Takaful

Misconception no 1
Risk Protection (insurance) is against Tawakkul - total dependence upon Allah (swt).
No human actions change the Will of Allah (swt) for our destiny. Whether a person has insurance/Takaful or not has no effect on future events. However, we are instructed to take precautions and then fully trust and depend upon Almighty Allah (swt): in Hadith narrated by Anas bin Malik when an Arab Bedouin asked Prophet Muhmmad (PBUH), "Shall I leave my camel untied and seek Allah's protection on it, or should I tie it?" The Holy Prophet replied, "Tie your camel and then depend upon Allah (swt)." {as quoted by Sunan Al Tarmizi, 1981,}.

Misconception No. 2:
All Risk Protection (insurance) is Haram-prohibited
Fiqh Council of World Muslim League (1398/1978) resolution and Fiqh Council of Organization of Islamic Conference (1405/1985) in Jeddah resolved that, "..conventional insurance as presently practiced is Haram." And that, "..cooperative insurance (Takaful) is permissible and fully consistent with Shariah principles." Hence, conventional insurance is prohibited for Muslims because it contains elements of Riba, Al Maisir, and Al Gharar. By contrast, Takaful provides risk protection in accordance with Sharia using principles of Ta'awun (mutual assistance), brotherhood, piety and ethical operations.


Misconception No. 3:
All Insurance is a form of Gambling of Wagering, which is forbidden in Islam
Risk or uncertainty can be divided into: Pure Risk and Speculative Risk. Pure Risk involves the possibility of Loss or No Loss. For example, damage to property due to fire. Pure Risks are the subject of insurance risk protection and Takaful. On the other hand, Speculative Risks involves the possibility of Loss, No Loss or Gain. For example, venturing into a new business, or gambling on horse race. Speculative Risks that include a potential gain or profit cannot be insured.


Takaful schemes use the principle of indemnification to compensate for the loss that occurs to a Takaful Participant. Takaful insures only Pure Risks and claims pay in the event of Loss to cover repairs, damage, replacement of property, or an agreed fixed sum. In Takaful Taawuni (assurance), the compensation equals each participant's accumulated savings plus investment profit added to a sum covered taken from the Takaful general pool.

Misconception No. 4:
All Insurance seeks to maximize profits which takes benefits away from policyholders
Most conventional insurance companies are stock companies that seek to maximize profits. Since the interests of shareholders conflicts with policyholders, by raising prices, denying claims, etc. these insurers can boost profits for shareholders. Takaful operators, by contrast, are mutual or cooperative entities. The goal of Takaful is community well-being and self-sustaining operations - not high profits. Under the Takaful Mudarabah Model, surplus (or "profits") is shared fairly between shareholders and policyholders. Under the Takaful Wakalah Model, surplus is owned by the policyholders and may be reduced by a performance fee incentive for the operator before distribution to the policyholders.


Misconception No. 5:
All Takaful operators are the Same
Alhumdilallah , in Islam there is unity in diversity. Over the centuries, several Takaful Models have evolved which are approved by Islamic scholars. While they all share the fundamental goals of cooperative risk sharing, these models differ slightly in legal structure and organizational operations. Takaful Models usually are described by the Islamic contracts used; namely Hebbah or 100% Tabarru (Sudan), or al Mudarabah {Bahrain/Malaysia}, or Al Wakalah {Saudi Arabia}.


Misconception No. 6:
Insurance shemes are a modern day invention
Actually, social arrangements for pooling of risks existed may centuries ago. The Takaful system evolved from ancient methods of risk protection in Arabia 14 centuries ago called : (a) daman Khtr-altariq-surety for traders; (b) a'qila - payment to family of murdered victim by accused relatives (c) hilf - confederation for mutual assistance. The year 1706 marked the emergence in United Kingdom of the first "perpetual assurance scheme". The first insurance company in America (1740s) founded by Ben Franklin was a merchant's cooperative. However, in modern times many of these old cooperatives have "demutualized" and converted into stock companies to pursue higher profits.


Misconception No. 7:
"I don't need Insurance/Takaful."
A Takaful scheme gives us an opportunity to practice the virtues of Islam, including self-purification. Surah Al Maidah (V.2) says: "Help one another in furthering virtue and Taqwa (God-consciousness), and do not help one another in evil and transgression." In Hadith by Ahmad and Abu Daud: "Whosoever fulfils the intention of his brother, Allah will fulfil his intentions." And "Always help those who helps his brother."


The first Constitution in Medinah (622 CE) arranged by Prophet Muhammad (PBUH) contained three aspects directly related to risk protection: social insurance for the Jews, Ansar and Christians; Article 3 concerning 'wergild' or 'blood money' and provision for Fidyah (ransom) and Aqila. We should follow his example to meet our needs and social obligations.

A Takaful scheme provides us the self-discipline for savings and the habits of sound financial planning to take care of ourselves and the needs of our children and families. Hadith by Sahih Al-Bukhari, as narrated by Amir bin Saad bin Abi Waqqas, describes Prophet Muhammad (PBUH) as saying: "verily, it is better for you to leave your offspring (heirs) wealthy than to leave them poor asking others for help" and "..The one who looks after and works for a widow and for a poor person is like a warrior fighting for Allah's cause.." Also, from Sahih Muslim Hadith No. 59, as narrated by Abu Huraira, has the Holy Prophet (PBUH) saying: "Whosoever removes a wordly hardship from a believer, Allah (swt) will remove from him one of the hardships of the day of Judgment."

http://www.takaful.com.sa/m4sub2.asp

Introduction to Takaful

The concept of takaful, or Islamic insurance, where resources are pooled to help the needy does not contradict Shariah. The concept is in line with the principles of compensation and shared responsibilities among the community. It is not a new concept, in fact it had been practised by the Muhajrin of Mecca and the Ansar of Medina following the hijra of the Prophet over 1400 years ago. It is generally accepted by Muslim Jurists that the operation of conventional insurance does not conform to the rules and requirements of Shariah.

Conventional insurance involves the elements of uncertainity (Al-gharar) in the contract of insurance, gambling (Al-maisir) as the consequences of the presence of uncertainty and interest (Al-riba) in the investment activities of the conventional insurance companies which contravene the rules of Shariah. Takaful is an alternative form of cover which a Muslim can avail himself against the risk of loss due to misfortunes.

The insurance providers in year 2001 and beyond should find Takaful sector an exciting sector of insurance to be in. This presentation focuses on growth potential that exists in Takaful with great many opportunities for innovative development of unique products, techniques and systems needed to fill gaps in insurance penetration in many of the markets around the globe. This paper presents an insight into the size of the current takaful industry worldwide and sketches the signs of change that may lead to realization of the potential that exists in this sector.

Overview of takaful

The takaful brand of insurance is a classic example of consumer-driven response to their needs. For generations, Muslims around the world have grown with a mind set that insurance (especially life insurance) is taboo because it contravenes some of the Islamic tenets. Life insurance as sold in conventional way was declared unacceptable in 1903 by some prominent Islamic scholars in the Arab countries. The search was on for an acceptable alternative ever since, and not until the 1970’s the debate took sufficient momentum to reach a consensus. In 1985, the Grand Counsel of Islamic scholars in Makkah, Saudi Arabia, Majma al-Fiqh, approved takaful system as the alternative form of insurance written in compliance with Islamic Sharia. It is outside the scope of this presentation to explain how the takaful system works except to say that it is a concept of protection for the good of society, a concept that was never an issue in Islam in the first place. The Grand Counsel approved this system as a system of co-operation and mutual help but the exact method and operation was left to Islamic scholars and insurance practitioners to resolve, develop and implement.

Takaful industry is still not past its formative years and there are many areas unresolved, especially in life insurance. The key areas to resolve are the global standardization of takaful terminology, the development of an acceptable form of life insurance (family takaful) especially for countries in the Arab regions and a common consensus for a system to determine profits (or surplus) distributable to participants and shareholders.

The very first Takaful company was established in 1979 – the Islamic Insurance Company of Sudan. Today there are some 28 registered Takaful companies worldwide writing takaful directly and 10 more as Islamic windows or marketing agencies placing insurance risk with conventional and takaful companies. In fact the number of takaful companies is higher as all insurance companies in Sudan are deemed to operate in accordance with Islamic Sharia principles. In addition, new takaful companies have been established recently in Sri Lanka and Tunisia. At least four more Takaful companies are under formation in the Middle East (viz. Kuwait, UAE and Egypt). Several other Takaful companies are being contemplated in various countries such as Pakistan, Australia and Lebanon. It is also understood that interest is shown in Takaful in South Africa, Nigeria, and some of the former states of the Soviet Union.

Takaful industry in the Middle East is under-developed compared to other markets such as Malaysia. The more successful companies in the Middle East have grown at 10% p.a. whereas in Malaysia the rate of growth has been 60% p.a.