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NEWHORIZON

NEWHORIZON - Institute of Islamic Banking and Insurance

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BOOK REVIEW<br />

<strong>NEWHORIZON</strong> October–December 2010<br />

although it is no longer named as<br />

such.<br />

Karim tells us that in the Islamic moral<br />

economy’s market place, Allah or God is<br />

always the other omniscient and necessary<br />

partner in all transactions. According to<br />

Karim, He ‘...sets the prices.’ He does more<br />

than that. He sees all and knows all. He is the<br />

eternal policeman of our deeds and intentions.<br />

He abjures monopolies and unfair dealings,<br />

which imply asymmetrical knowledge, which<br />

in turn gives unfair advantage to one party<br />

against another. Risk and reward should be<br />

shared equally between all parties to a<br />

commercial<br />

transaction<br />

according to the<br />

rules of the<br />

Shari’ah.<br />

Omniscient and<br />

omnipotent<br />

immortality clearly<br />

has its drawbacks<br />

for venal mortals<br />

busy gaining<br />

advantage in the<br />

marketplace. In<br />

fact, after reading<br />

Karim’s critique,<br />

one wonders<br />

whether the<br />

principles of<br />

Shari’ah finance<br />

could ever be<br />

completely realised,<br />

given the vagaries<br />

of human nature in<br />

the marketplace and<br />

the perennial greed<br />

and desire to<br />

accumulate that<br />

drives most of us.<br />

Karim worries not<br />

only about the<br />

applicability of the<br />

obvious rules<br />

governing Shari’ah<br />

financial<br />

transactions, he also<br />

complains about the<br />

lack of ‘...a critical<br />

and holistic<br />

examination of<br />

conventional money, banking, and insurance<br />

models that may or may not be soluble [sic]<br />

with the utopian Islamic moral economy.’ He<br />

calls for a new Shari’ah perspective which is<br />

independent of ‘...conventional money,<br />

banking, or insurance.’<br />

As it is, Shari’ah finance as presently<br />

practised and developed (it is a developing<br />

art, in fact it demonstrates the flexibility of<br />

fiqh, which is time-bound, but based on the<br />

eternal ethical principles of the Shari’ah) is<br />

new and in spite of the existence of a<br />

repertoire of Shari’ah finance contracts,<br />

which Karim analyses with varying degrees<br />

of clarity, it is limited in scope. As presently<br />

constituted it is unable to address the everexpanding<br />

and increasingly sophisticated<br />

plethora of financial products that<br />

constitute the Leviathan – some may call it a<br />

many-headed Hydra – that is the 24/7<br />

casino of contemporary finance.<br />

Recently, Moody’s Investor Service<br />

reported that the global Islamic financial<br />

market is calculated to be worth between<br />

$750bn and $1 trillion USD and may<br />

expand to $2.8 trillion by 2015 according<br />

to an estimate by the Kuala Lumpur-based<br />

Islamic Financial Services Board. Whilst<br />

Islamic finance is moving fast into the<br />

mainstream of global finance, when you<br />

compare those figures with one asset class<br />

of conventional finance – that of FX<br />

trading, – which runs at around $3,981bn a<br />

day, you get a sense of the relative stature of<br />

Islamic finance in the global market. It is<br />

interesting to note also that most FX<br />

trading, which is a high-speed, algorithmic<br />

business, has little to do with either trade or<br />

investment, but is a market for speculators<br />

with an instinct for gambling. It would<br />

never pass muster by the Shari’ah even as a<br />

tolerant practice, never mind being<br />

compliant or dependent.<br />

Karim discusses many issues that cannot be<br />

covered in a short review of his book, he<br />

calls into question the compatibility of<br />

money creation by banks (by way of the<br />

pervasive use of the fractional reserve<br />

models in conventional banking) and by<br />

government with Shari’ah compliance; he<br />

points out the differing stances taken by<br />

various Shari’ah scholars and schools of<br />

thought on many points of law. Opinion is<br />

divided, authority questioned, precedents<br />

are sometimes vague and unreliable. Karim<br />

covers much ground in a concise space. The<br />

book’s short text of 93 pages has a long tail<br />

of a bibliography that runs to 24 pages. It<br />

appears that Karim has thrown in<br />

everything including the kitchen sink and<br />

one wonders who will be served by such a<br />

vast compendium of books. However, the<br />

body is well worth reading and pondering<br />

upon without the distraction of the tail.<br />

40 IIBI www.newhorizon-islamicbanking.com

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