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Financial systems and development

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several centuries. The spread of such facilities in<br />

various countries has increased the use of invento-<br />

Box 6.3 Islamic banking ries as collateral.<br />

For goods in transit, the bill of lading can serve<br />

Several Islamic countries have recently introduced as security. Documentary export-import credit is<br />

banking on Islamic principles. They include Iran, an important application of this sort of collateral.<br />

Malaysia, Pakistan, <strong>and</strong> Saudi Arabia. Islamic Korea <strong>and</strong> some other countries have further deprinciples<br />

permit profit but do not allow fixed interest<br />

on deposits or loans. Nevertheless, Islamic veloped this idea by creating a domestic letter of<br />

banking can be made to work quite well <strong>and</strong> pro- credit based on an irrevocable export letter of<br />

vides an interesting contrast to commercial bank- credit. In this way the primary exporter can extend<br />

ing practices elsewhere. In countries such as Paki- his creditworthiness to suppliers of intermediate<br />

stan the introduction of Islamic banking has inputs.<br />

improved the functioning of the financial system<br />

in some respects-for example, by making returns<br />

DEBT RECOVERY Legal <strong>systems</strong> in developing<br />

to financial instruments more market-driven,<br />

countries often favor the borrower by making it<br />

Islamic banks offer savers risky open-ended mutual<br />

fund certificates instead of fixed-interest de- hard for the lender to foreclose on collateral. Origiposits.<br />

(This is not unlike cooperative banks <strong>and</strong> nally, such provisions were intended to protect<br />

mutuals in the West, where deposits earn variable small borrowers against unscrupulous moneylendinterest<br />

<strong>and</strong> double as equity.) Difficulties arise on ers, but today they may adverselv affect the ability<br />

the lending side. Arrangements to share profits of state-owned commercial banks to collect on<br />

<strong>and</strong> losses lead to considerable problems of monitoring<br />

<strong>and</strong> control, especially in lending to small loans. This raises the costs of intermediation <strong>and</strong><br />

businesses. In practice, profit sharing under weakens banks' portfolios; as a result the ability of<br />

musharakah agreements is often based on prior es- lenders to extend loans to new <strong>and</strong> creditworthy<br />

timates of profit. Another way to avoid explicit borrowers is undermined. Creditors often have to<br />

interest charges is to combine commercial <strong>and</strong> fi- sue the defaulting debtor for payment, which in<br />

nancial contracts-for example, through hire- many countries in South Asia, for example, may<br />

purchase arrangements or advance purchase by take several years. Once a judgment has been obbanks<br />

of inputs which are then resold at a tained, the creditor may then have to sue for exea<br />

e u. h b cution of his claim. Five to eight years may pass<br />

;l Another difficulty has been to devise suitable ,,<br />

government securities. A rather liberal interpreta- - from the date of nonpayment to the final recovery<br />

tion of Islamic principles would permit discounted of the collateral. Pakistan is among the countries<br />

securities. Other possibilities include linking re- that have recently taken legal <strong>and</strong> procedural steps<br />

turns to nominal GDP growth or to the return on to speed this process (see Box 6.4).<br />

certain revenue-earning public projects.<br />

Cumbersome recovery procedures have led to<br />

new lending arrangements that redress the balance<br />

in favor of the creditor. Hire purchase <strong>and</strong><br />

leasing may have become popular partly because<br />

the lender retains title to the asset being financed<br />

cording to Islamic principles (see Box 6.3) are all <strong>and</strong> can take possession without any legal formaliexamples<br />

of such arrangements.<br />

ties if the borrower is late in paying. Leasing also<br />

In some countries other assets can serve as col- owes its popularity to its role in circumventing inlateral.<br />

Inventories <strong>and</strong> other movable goods are terest rate controls <strong>and</strong> taxes. It has often restored<br />

inherently poor collateral because they have com- access to financing that excessive bank regulation<br />

paratively little value, are destructible, <strong>and</strong> can be <strong>and</strong> weak legal <strong>systems</strong> had blocked.<br />

sold privately <strong>and</strong> informally. They are difficult to<br />

use as collateral when left in the possession of the Company law<br />

borrower. A partial solution is to make some goods<br />

legally "immovable" by creating special title regis- Large enterprises have become an important part<br />

ters. This is feasible only for a few large <strong>and</strong> high- of modern economic activity in most industrial <strong>and</strong><br />

value movables, such as ships, aircraft, motor ve- developing countries. Today, the largest 100 corpohicles,<br />

or industrial machines. Another solution is rations typically account for between 30 <strong>and</strong> 50<br />

to store commodities of a st<strong>and</strong>ardized quality in percent of total manufacturing production in incertified<br />

warehouses <strong>and</strong> issue warrants. Rice dustrial countries. Industrial concentration is often<br />

warehouse warrants have been used in Japan for even more pronounced in developing countries.<br />

88

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