Islamic Finance Final
Islamic Finance Final
List of Tables.................................................................................................................................................ii
List of Figures...............................................................................................................................................iii
Islamic Finance..............................................................................................................................................1
Introduction................................................................................................................................................1
Islamic Finance Principles.........................................................................................................................1
Global Growth Trends...............................................................................................................................2
Challenges Facing Islamic Finance...........................................................................................................3
Standard Setting Organizations..................................................................................................................3
Importance of Standard-Setting Organizations..........................................................................................4
Components of Islamic Finance.....................................................................................................................4
Islamic Banking.........................................................................................................................................4
Common types of Islamic Banking Deposit products...........................................................................4
Islamic Insurance/Takaful........................................................................................................................11
Key Principles of Takaful....................................................................................................................12
Islamic Capital Market.............................................................................................................................13
Key Components of the Islamic Capital Market..................................................................................13
References....................................................................................................................................................15
i
List of Tables
Table 1 Differences between Murabaha and Conventional loans...............................................................8
ii
List of Figures
Figure 1 Islamic Bank Modes of Financing...................................................................................................5
Figure 2 Step 1.............................................................................................................................................6
Figure 4 Step 3.............................................................................................................................................7
Figure 5 Step 4.............................................................................................................................................7
iii
Islamic Finance
Introduction
Islamic finance refers to financial activities that comply with Islamic law (Sharia). It prohibits
certain practices, such as paying or receiving interest (riba), excessive uncertainty (gharar), and
investing in businesses that engage in activities deemed haram (forbidden), such as alcohol,
gambling, and pork.
The global financial landscape is increasingly witnessing a notable surge in interest surrounding
financial practices that operate without the charging or payment of interest. This movement is
largely propelled by the growth of Islamic finance, a system deeply rooted in Sharia (Islamic
law) that prohibits riba, commonly understood as usury or interest (Bank of England, 2024;
Investopedia, 2023). This prohibition, alongside other ethical considerations, has fostered a
demand for financial products and services that adhere to these principles, not only from the
expanding global Muslim population but also from individuals and institutions seeking
investments aligned with ethical and socially responsible values (Bank of England, 2024).
At its core, interest-free finance denotes financial transactions conducted without any
predetermined charges in the form of interest on borrowed or lent funds (Collins Dictionary,
2023; LSD.law, 2024). This basic definition encompasses various forms of lending and
borrowing where the return for the lender is not a fixed percentage based on the time value of
money. While the concept of lending without interest might seem straightforward, the framework
of Islamic finance provides a comprehensive and ethically grounded system for conducting
financial activities in an interest-free manner (Bank of England, 2024; Investopedia, 2023).
Islamic finance, adhering to the principles of Sharia, extends beyond merely the absence of
interest to encompass a holistic set of guidelines that govern all aspects of financial dealings,
including investment, trade, and risk management (World Bank, 2024). The definitions provided
by dictionaries like Collins (2023) and Cambridge (2024) highlight the simple aspect of no
interest charged. However, the definition of Islamic banking by Investopedia (2023) introduces
the critical elements of profit and loss sharing and the explicit prohibition of interest, indicating a
more nuanced approach. Notably, Experian (2024) points out that truly interest-free loans from
conventional lenders are uncommon, often appearing as promotional periods or government-
backed initiatives, suggesting that the broader concept of "interest-free" might have different
interpretations depending on the context.
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Riba (Usury/Interest): The prohibition of interest means that traditional banking practices that
involve the charging of interest are not permissible. Instead, Islamic finance seeks profit-sharing
arrangements and risk-sharing.
Gharar, which refers to excessive uncertainty, ambiguity, or speculation in financial transactions
(SEC.gov.ng, 2019). Islamic finance emphasizes transparency and requires that the terms and
conditions of any contract are clearly defined and understood by all parties involved. This
principle aims to prevent disputes and ensure fairness in dealings.
Maysir, which encompasses gambling and other forms of speculative transactions where the
outcome is largely based on chance (SEC.gov.ng, 2019). This principle discourages activities
that are not based on genuine economic productivity and can lead to unjust enrichment.
Profit and Risk Sharing: Islamic finance encourages partnership structures where profits and
risks are shared. This can be done through various contracts such as Mudarabah (profit-
sharing) and Musharakah (joint venture).
Asset Backing: Financial transactions must be backed by tangible assets or services. This is
intended to ensure that finance is not speculative and is tied to real economic activity.
Ethical Investments: Investment should only be made in businesses that are considered halal
(permissible) under Sharia law. Investments in industries like alcohol, gambling, and pork are
prohibited
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Challenges Facing Islamic Finance
1.Standardization:
- There is a lack of uniform standards across Islamic financial institutions, leading to varying
interpretations of Sharia compliance. This inconsistency can create confusion and deter potential
investors.
2. Regulatory Issues:
- Islamic banks often face challenges in navigating complex regulatory environments that may
not accommodate their unique business models. Striking a balance between Islamic principles
and conventional regulatory requirements can be difficult.
4. Risk Management:
- Islamic financial institutions face unique risks, such as operational risk associated with Sharia
compliance and market risk due to the asset-backed nature of their contracts. Developing robust
risk management frameworks is crucial for sustainability.
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focuses on the prudential regulation and supervision of Islamic financial institutions. The IFSB
issues guidelines and standards to enhance the stability and integrity of the Islamic financial
industry.
Shariah-Board: - Many Islamic banks have their own internal Shariah boards composed of
scholars qualified in Islamic jurisprudence. These boards provide guidance on the Sharia
compliance of financial transactions and products and ensure that the bank's activities adhere to
Islamic-law.
International Islamic Financial Market (IIFM):
- The IIFM is based in Bahrain and focuses on the development of a global Islamic financial
market by creating standardized contracts and products. It aims to promote liquidity and
transparency in Islamic finance.
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depositor and the bank according to a pre agreed ratio while loss is entirely borne by the
depositor.
Islamic banks use a number of non-interest-based financing and investment modes. The use of a
particular mode is dependent on the nature, purpose and size of transactions. In selecting the
mode, it is very much the know-how of the Islamic banker which comes into play. In general, as
it can be seen from Figure 8, the different modes of financing can be categorized under Trade
based financing, Lease-based financing, and Equity-based financing.
Trade-based Finance
Trade financing is tied to the acquisition of goods, either through purchase transactions or
through leasing operations where the rented goods are ultimately owned by the lessee. The need
for trade financing arises when the buyer of goods wishes to defer the payment of the price or,
less frequently, when the seller requires the advance payment of money. When the financing
involves a promise of a future payment of the exchange value, the price or the purchased good, it
takes the form of credit.
Murabaha: is an Islamic financing structure, where an intermediary buys an asset with free and
clear title to it. The intermediary and prospective buyer then agrees upon a sale price (including
an agreed upon profit for the intermediary) that can be made through a series of instalments, or
as a lump sum payment. Murabaha simply means ‘mark-up sale’. It is a particular type of sale
that Islamic jurisprudence considers as a trust contract, because the seller and the buyer do not
negotiate the price, but rather agree on a certain profit margin added to the cost as faithfully
declared by the seller. The Murabaha in banks involves the purchase of a commodity by a bank
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and its resale to the customer on a cost-plus-profit basis. Under this arrangement, the bank
discloses its cost and profit margin to the client i.
Step 1: The potential purchaser asks the vendor to quote a price for the goods required.
Figure 2 Step 1
Step 2: With this quotation, the purchaser contacts the bank, promising to buy the goods from the
bank if the bank buys the same from the vendor and resells them to the client at the quoted cost
plus a profit to be agreed upon mutually. At this stage, the bank would consider entering into a
Murabaha contract and would set the conditions and guarantees for the acceptance.
Table 1 Step 2
Step 3: The bank purchases the product from the vendor by making payment. In order to avoid
getting involved with accepting the delivery and making arrangements to store the product, often
banks appoint the client as their agent to accept the delivery on their (the bank’s) behalf. Since
the bank is still the owner of the product, a Murabaha contract is drawn up between the client
and the bank indicating the mark-up to be charged and other relevant details. The contract is
finalized by agreeing on the mode of payment i.e. a lump sum or through instalments. In addition
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to the contract, the bank also accepts the goods or other assets as collateral against the credit risk
or the risk of default in payment by the client.
Figure 3 Step 3
Step 4: The client makes the payment to the bank at the designated time and in the agreed
manner. This payment includes the cost of the product to the bank plus a profit margin for the
bank.
Figure 4 Step 4
Murabaha is the instrument used most commonly by Islamic banks although some use
Musawama. In Murabaha, the bank buys an underlying asset and then sells it. Thus, there is an
exchange of asset and money, unlike a loan, in which money is exchanged for money. Murabaha
could be used to fund the purchase of an asset already in existence – a car, a completed building,
machinery and so on. To fund an asset that is not yet in existence (agricultural produce that needs
to be cultivated or properties under construction, for example), Salam or Istisna are used.
Comparison of Murabaha with Conventional Loans:
A Murabaha contract is most commonly compared with regular loans from conventional banks.
The legal difference between a Murabaha contract and an interest-based loan is clear. The former
is a sales contract in which the price is increased for deferment of payment while the latter is an
increase in the amount of a debt for deferment. The first is permitted, but the second is not.
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Other most common differences between Murabaha and conventional loans are highlighted
below under Table.
Salam: Salam means a contract in which advance payment is made for goods to be delivered at a
later date. The seller undertakes to supply some specific goods to the buyer at a future date in
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exchange for a price fully paid in advance at the time of contract. It is necessary that the quality
of the commodity intended to be purchased is fully specified leaving no ambiguity that may lead
to dispute. The objects of this sale are goods and cannot be gold, silver or currencies. Thus,
Salam can be effected only in commodities whose quality and quantity can be specified
precisely. Items whose quality or quantity is not determined by the specification cannot be sold
through the contract of Salam. For example, precious stones cannot be sold on the basis of Salam
because each stone is normally different from another in quality, size or weight. Therefore, exact
specification is not generally possible.
This is a forward sale contract used for generic goods (i.e., commodities). Salam is an exemption
to the general rule of sale because the vendor is allowed to sell on a forward basis, meaning the
subject matter has yet to exist on the day of sale. The Prophet allowed farmers to sell their
uncultivated agricultural produce on a forward basis, with the buyer paying the full price on day
one and the parties agreeing on the quantity and time of delivery. This way, farmers could use
the money paid as capital to start cultivation. Upon maturity, the farmer delivered the agreed
quantity of the produce to the buyer.
In the current banking scene, Islamic banks can use this instrument to fund small farmers. A
wheat farmer can sell one ton (1000 kg) of wheat to an Islamic bank to be delivered in six
months. The bank pays the total purchase price (say, $ 10,000). After six months, the farmer
delivers the wheat to the bank, which can sell this on the open market or to any interested third
party to gain profit. Salam, however, is not popular with Islamic banks. It is widely used in
Sudan but not elsewhere.
It seems that Salam is more appropriate as trader’s finance than as a bank’s finance. Of course,
here as in other types of traders ‘credit, banks will have to play a role to support the credit
activity of traders on a partnership basis.
Istisna : Under an Istisna contract, the financier provides funds to a supplier who agrees to
manufacture, construct, assemble or package a specific asset. As a result, the financier acquires
title to the asset and immediately sells or leases it back to the supplier. Istisna is a contract of
exchange with deferred delivery, applied to specified made-to-order items. Istisna differs from
Salam.The subject matter of Salam contract is always a made-to-order item. In addition, other
differences are that:
The delivery date need not be fixed in advance
Full advance payment is not required.
The Istisna contract can be cancelled but only before the seller commences manufacture of the
agreed item(s).
Istisna is a pre-delivery financing instrument used to finance projects where commodity is
transacted before it comes into existence. Hence, it is similar to Salam in the sense that it is an
order to manufacture and payment of price. However, unlike Salam, the price of the commodity
under Istisna may be paid in advance upon signature of the contract or in instalments at different
stages of the manufacturing process or on delivery of good.
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Istisna addresses the needs of small and micro scale producers or entrepreneurs who require
longer-term financing for infrastructure, agricultural or manufacturing projects, whereby
instalment payments can be tied to project progress. Like Salam, Istisna is subject to risk
associated with the quality and time of delivery of goods but unlike Salam contract, the goods
involved are less exposed to natural disasters.
Lease-based finance
Islamic banks can also use leasing as an alternative to sale-based instruments. Both sale and
lease transactions involve an exchange. In a sale transaction, ownership is transferred to the
client, with money exchanged at time of sale. In a lease transaction, ownership does not transfer
to the client. Money is exchanged with the right to use an asset.
2.1 Ijara (Leasing) : Ijara simply refers to a lease transaction. In an operation similar to
Murabaha, the Islamic bank first buys the asset from a supplier then leases it to the client.
However, in contrast to the Murabaha undertaking, the bank continues to own the asset. Upon
the expiry of the lease, the client returns the asset to the bank.
In the Islamic space, all leases are treated as operating leases. If the client wishes to own the
asset at the end of the lease, then the parties need to enter into an additional contract. Usually,
there will be either a sale or gift at maturity, with the end of the lease followed by ownership
transfer. This is known as Ijara Muntahiyah Bi Tamleek (lease ending with ownership). Some
markets refer to itas Ijara Thumma Bai (lease then sale) or Ijara wa Iqtina (lease and acquisition).
Ijara is a copy of a lease transaction in the traditional financial system. It involves an agreement
by which Islamic financial institution buys equipment, real estate, etc. at the customer's request,
and then rents it to the customer. The duration of the lease and rent fee (fixed or time-varying)
agreed by the parties.
Equity-Based Finance
The two major equity-based mode of finance (Profit-and-loss-sharing (PLS)) are Mudaraba
(trustee project finance) and Musharaka (joint venture project finance).
3.1, Mudaraba (Silent Partnership): Mudaraba is a contract between two parties: an investor
(individual or bank) who provides a second party and the entrepreneur with financial resources to
finance a particular enterprise. Profits are then shared between the two parties (rabb-al-mal and
mudarib) according to some pre-agreed ratio, but if there are losses, the investor bears all
financial losses and the entrepreneur the operating losses; principally the opportunity cost of
their own efforts. This distribution of profits and losses is an equitable approach that conforms to
Islamic principles.
In a Mudaraba financing, only the bank (Rab al maal or capital provider) provides capital while
the client (Mudarib or entrepreneur) manages the business. The bank cannot interfere in the
dayto-day running of the business. Any profit is shared, with the bank (as the sole Rab al maal)
having to absorb losses (i.e., monetary losses). The client is not paid a salary, and if he or she
does not make a profit, the client loses all the time and effort expended on the venture.
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This product is one of the most widely used financial instruments in the Islamic banking sector.
A Mudaraba contract is based on a partnership in which one partner is the financier (the investor,
or silent partner) and the other partner (the fund manager, or working partner) manages the
financier’s investment in an economic activity. The second partner (often an entrepreneur) has
expertise in applying the venture capital into the economic activities. Both parties agree in
advance to a profit and loss sharing (PLS) ratio.
3.2, Musharaka (Full Partnership) : Musharaka (from Arabic "partnership") is a joint project of
the Islamic financial institution and the entrepreneur. This product requires the signing of the
partnership agreement between an Islamic financial institution and a customer, according to
which both parties are funding the project together. The project may be funded by more than two
parties. The project is being managed by all participants or by one of them. Musharaka contracts
may be used for providing additional working capital for the company or for joint investments,
for example, in real estate or agriculture. This type of contracts is used often to finance long-term
investment projects.
Under this mode of financing, both bank and client contribute capital and agree to a profit
sharing ratio. “Capital” does not necessarily refer to cash; it can also be capital in kind. Thus, an
Islamic bank could provide cash capital while the client could use its tangible asset as capital in
the partnership. The bank as one of the partners has the right to make strategic decisions and
manage the business. The bank could also choose to be a sleeping partner. Based on the
performance of the business, both partners would share the profit and losses.
3.3, Diminishing Musharaka : Diminishing Musharaka is a form of declining partnership
between the bank and client generally used to finance housing mortgages. This contract is
commonly known as a Musharaka mutanaqisah or “diminishing partnership.” Unlike an Ijara–
based mortgage, where the ownership of the house remains with the lessor/owner for the entire
lease period, ownership in a diminishing partnership is explicitly shared between the customer
and the financier. As the name indicates, the ownership of the financier diminishes over time as
the customer purchases a share with each monthly payment. The customer’s periodic payments
can be divided into two parts; one paying a proportionate rental to the financier based on the
financier’s share of the property, and the other as an equity contribution to buy out the
financier’s share of the equity. Gradually, over time, the customer is able to buy out the
financier’s share and thus acquires complete ownership of the property. Diminishing Musharaka
is used for house financing by IFB and has replaced successfully conventional mortgages.
Islamic Insurance/Takaful
Islamic insurance, commonly known as Takaful, is a system of insurance that adheres to Islamic
law (Sharia) principles. Unlike conventional insurance, which often involves uncertainty (gharar)
and the payment of interest (riba), Takaful operates on the basis of mutual cooperation, shared
responsibility, and ethical-investing.
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Key Principles of Takaful
Mutual Assistance: Participants in a Takaful scheme come together to pool their resources to
protect each other against specific risks. This cooperative framework is a fundamental principle
of Takaful.
Risk Sharing: Instead of transferring risk to an insurer (as in conventional insurance), Takaful
involves sharing risk among participants. The risks faced by individuals or businesses are
collectively managed through the pooled contributions.
No Riba (Usury): Takaful avoids involvement in interest-based transactions, ensuring that the
funds are managed in a Sharia-compliant manner.
Tabarru (Donation): Participants contribute a portion of their premium as a donation (Tabarru) to
a pool, which is then used to pay out claims, thus ensuring the mutual support of all participants.
Transparency and Ethical Investments: Takaful operators are required to ensure that the funds
are invested in ethical and Sharia-compliant sectors, avoiding industries such as gambling,
alcohol, and pork.
Types of Takaful
Family Takaful: This is similar to life insurance, providing financial protection and savings for
the family of the insured in case of death, disability, or critical illness.
General Takaful: This covers non-life aspects, such as property insurance, health insurance, and
motor insurance. It protects against risks associated with physical assets and liability.
Takaful Models
Mudharabah Model: In this model, the Takaful operator acts as the manager of the fund,
investing the contributions to generate profits. The profits are shared between the operator and
the participants based on predetermined ratios.
Wakalah Model: Here, the Takaful operator charges a fee for managing the Takaful fund and
provides the necessary services. Any surplus is typically returned to the participants or retained
in the fund for future claims.
Hybrid Model: Some Takaful products incorporate features from both Mudharabah and Wakalah
models, providing flexibility and tailored solutions to participants.
Regulatory Framework
Takaful companies must operate under regulatory frameworks set by various Sharia supervisory
boards, which ensure compliance with Islamic laws. Organizations like the Accounting and
Auditing Organization for Islamic Financial Institutions (AAOIFI) and the Islamic Financial
Services Board (IFSB) provide guidelines and best practices for Takaful operations.
Advantages of Takaful
Ethical and Sharia-compliant approach to risk management.
Encourages communal support, fostering a sense of solidarity among participants.
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Flexibility in customizing Takaful products to meet specific needs.
Focus on social responsibility by promoting contributions to charitable causes through surplus
funds.
Regulatory Framework
The Islamic capital markets are subject to regulations that ensure compliance with Sharia.
Regulatory bodies, such as the Accounting and Auditing Organization for Islamic Financial
Institutions (AAOIFI), the Islamic Financial Services Board (IFSB), and various national
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regulatory authorities, play a crucial role in overseeing and promoting the Islamic capital market.
They develop standards and guidelines to ensure that financial practices align with Islamic
principles.
Growth and Development
The Islamic capital market has grown significantly over the past few decades, driven by the
increasing demand for Sharia-compliant investments and financial products. Some key drivers of
this growth include:
Global Interest in Ethical Investing: The rise of socially responsible and ethical investing aligns
well with the principles of Islamic finance.
Financial Inclusion: Islamic capital markets provide access to financing for various sectors,
including small and medium enterprises (SMEs), infrastructure development, and social projects.
Diversification Opportunities: Investors are increasingly looking for diversification beyond
traditional markets, and Islamic capital markets offer unique investment opportunities.
Challenges and Opportunities
While the Islamic capital market continues to grow, it faces several challenges, including:
Standardization: There is a need for greater standardization of Sharia-compliant products and
practices across different jurisdictions to enhance market efficiency.
Awareness and Education: Increasing awareness of Islamic capital market products among
investors and issuers is essential to foster growth.
Regulatory Challenges: Balancing innovation in financial products while ensuring Sharia
compliance can be challenging for regulators.
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