Understanding Islamic Finance - Doha Academy of Tertiary Studies

86 Understanding Islamic FinanceThe bank, as a trustee, would be bound to invest funds of such risk-averse investors in tradeand Ijarah-based activities. This gives rise to debt.In line with the writings of the pioneers of the present movement of Islamic finance, manyauthors, both economists and financial experts, have been saying that Shirkah or equitybasedmodes are the only modes which can serve as an alternative to interest in the Islamicframework. But this is not the case. Debt has existed forever, and will remain an importantpart of individuals’ and nations’ economics. The holy Prophet (pbuh) himself incurred debt,both for personal and also the State’s requirements, as will be discussed in Chapter 7. Theonly point to be taken care of is that a debt should not carry “interest”. Therefore, debtcreating modes like Murabaha, Salam and Ijarah will remain as operating tools in the handsof Islamic financial institutions. The issue is not the permissibility of debt-creating modes,but a preference for equity-based modes over debt-creating modes.Therefore, the aim is to create a healthy balance between debt-based and equity-basedfinancing for the prosperity of the economy and society. An economy with a heavy relianceon debt could be highly risky. It is commonly said, for example, that in the US, personaland public debt has reached a point where it is a cause for concern with respect to thestability of the economy, a state which would have been reached already if not assisted bythe twin factors of the US being the only super power in the world and the US Dollar beingthe reserve currency. The policies of the international financial institutions like the IMF, theWorld Bank and the WTO are also helping the US economy to survive, in spite of incurringheavy debts at the cost of the global economy.4.4 ISLAMIC BANKING: BUSINESS VERSUS BENEVOLENCEIslamic banks do business just like their counterparts on the conventional side, with thedifference of keeping in mind Sharī´ah compliance aspects. There has been a myth in somecircles that Islamic banks need to work as social security centres, providing only return-freeloans or charity to the needy and for benevolence. This myth has to be removed becausebusiness and benevolence are two separate things. Individuals have the right to spend forbenevolence out of their income, for which they will be rewarded in the Hereafter as perSharī´ah tenets. But the banks that hold depositors’ money as a trust are not allowed to doleout the trust funds at their discretion.Normally, the “middle class” in all societies keeps funds in banks that are used by businessgroups, who are generally affluent and relatively richer than the masses in a society. Islamicbanks are doing business with the available funds and passing on a part of the income to thefund owners – depositors or investors. Any bank may like to provide return-free loans outof its own (equity) funds or accumulated “Charity Fund” with the approval of the Sharī´ahadvisor, or engage in other social security activities, but this should not negatively affect itsfiduciary responsibilities towards the depositors. To fulfil these responsibilities, banks willundertake trading and Ijarah business, provide agency-based services against fees and adoptall risk mitigation techniques remaining within the limits imposed by the Sharī´ah.Islamic banks sell goods purchased by them at a profit, lease assets against rentals andshare the profit (or bear the loss) accruing from Shirkah-based investments. They help societyto develop by facilitating asset-based investment and the supply of risk-based capital. Subjectto the policies of their boards and in consultation with stakeholders, they can also take partin social and welfare activities, but this will not reflect their normal course of business.