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The Politics of Islamic Finance
By
Professor Rodney Wilson
There has been surprisingly
little written on the politics
of Islamic finance, yet
government policy has obvious
implications for the development
of Islamic finance. Some
governments have been very
supportive, notably those of
Bahrain, Kuwait, Iran, Qatar and
Malaysia; others have been
hostile, such as those of
Algeria, Morocco, Tunisia and
Libya, partly because they have
had a mistaken view that Islamic
finance is somehow linked to
Islamic militants. In several
countries, notably Turkey and
Egypt, governments have
oscillated between opportunism,
seeing Islamic finance as a
means of securing capital from
the Gulf, and suspicion,
concerned that it could be used
by Islamic political movements,
that are perceived to be a
threat.
Supporters of Islamic finance
should not be equated with
Islamic militants however, or
seen as challengers to existing
political authority. All
advocates of Islamic finance are
seeking is the ability to manage
their finances in a manner that
complies with shariah law, a
reasonable demand in any
country, whether predominately
Muslim or indeed largely
non-Muslim. In the latter case,
which corresponds to the
situation in most western
countries, religious minorities
should have the right to adhere
to their religious faith in
every aspect of their lives,
including financial dealings.
The exercise of these rights
need not be a threat to the
rights of others in a pluralist
society where citizens have
choices about how they conduct
their business affairs.
Pre-requisites for Islamic
finance to prosper
The experience of Islamic
finance during the last half
century demonstrates that it has
tended to fare best in pluralist
and tolerant societies where
Governments give it the freedom
and the space to develop.
Malaysia is perhaps the best
example, a multi-religious
society that represents a
microcosm of Asia’s cultural and
ethnic diversity. There a large
proportion of Islamic banking
clients are non-Muslim ethnic
Chinese, Islamic finance
providing a bridge between the
communities. Similarly within
Islam there are no divisions
between Sunni and Shia over
Islamic finance, indeed given
the widespread agreement amongst
Islamic scholars about how the
teaching of the Koran should be
applied to banking and finance
the Islamic finance movement can
be seen as a force that
overcomes sectarian differences
and unites Muslims.
It is also evident that Islamic
finance flourishes in free
market economies with vigorous
private sectors, rather than in
states where governments try to
control and interfere in every
facet of economic activity. The
contrast between the success of
Islamic finance in the Gulf, and
its inability to develop
significantly in the states of
North Africa illustrates this.
Where banks are largely
government owned, and industry
is dominated by the state and
financial markets are feeble,
Islamic finance is weak. A
comparison between Jordan and
Syria is instructive in this
respect. Syria with its state
owned banking monopoly has no
Islamic finance. In contrast
Islamic banking has flourished
in Jordan since the 1970s, where
small private manufacturing and
retailing businesses have
constituted the main client base
for the Jordan Islamic Bank,
itself a quoted company on the
Amman Stock Exchange.
If Islamic finance and socialist
planned economies are clearly
incompatible, how compatible is
Islamic finance with capitalism,
viewed by many in the Muslim
World as a western system
dominated by an economic
ideology imposed by the United
States. In practice the argument
of Islamic economists with
capitalism concerns it system of
accumulation that relies heavily
on interest, which is equated
with riba, and therefore is
viewed as haram. There is no
dispute over the system of
private ownership that underpins
capitalism, as property rights
are respected in Islam. Nor is
there any argument against
markets, which are seen as the
normal means of conducting
economic transactions. Rather
the Islamic economists criticism
of capitalism concerns its
excesses, the tendency towards
greed, and ultimately the
temptation to worship false
material Gods at the expense of
spiritual well being.
In the following sections some
country experiences of the
interaction of politics with
Islamic finance are reviewed in
greater depth.
Bahrain as the most pro-active
state
Bahrain has arguably done more
to promote Islamic banking than
any other state, with the
Bahrain Monetary Agency, the
Kingdom’s Central Bank, playing
a particularly active role.
These efforts have brought
substantial economic benefits to
the island, as Bahrain boasts
the largest concentration of
Islamic financial institutions
in the world, with 27 Islamic
banks and investment
institutions managing assets
worth over $4 billion, more than
double the amount of five years
ago. There are in addition six
Islamic Takaful insurance
companies serving the Gulf
market from their base in
Manama. Over 5,000 people,
including many citizens of
Bahrain, are employed in the
local Islamic finance industry,
and as most have well paid jobs,
the multiplier effect of their
spending for the Kingdom’s
economy is very strong, with
perhaps three jobs created for
every Islamic finance job.
The Accounting and Auditing
Organisation for Islamic
Financial Institutions (AAOIFI)
is based in Bahrain and the
Bahrain Monetary Authority was
the first central bank to
implement its standards. Bahrain
was also a founder member of the
Kuala Lumpur based Islamic
Financial Services Board (IFSB).
The link with Malaysia has
brought business, as Maybank,
the largest bank in Malaysia,
has established a branch in
Bahrain. Although Maybank is
primarily conventional, its
Islamic windows are becoming
increasingly significant.
The Kingdom has also become the
major international centre for
the issue of Islamic sukuk
securities following the
pioneering issue of sovereign
Islamic bills and notes by the
government in 2000. By 2004 over
$1.5 billion has been raised by
the government through the issue
of sukuk, the largest issue of a
$300 million leasing sukuk being
announced in December 2003. This
has diversified the sources of
government funding and reduced
its cost by tapping into a
different market rather than
becoming over-extended in
conventional debt instruments.
The liquidity in the Bahrain
market was recognised by
Malaysia, which has chosen to
list its $600 million global
sukuk on the Bahrain Stock
Exchange. Bahrain boasts a
Liquidity Management Centre in
which Islamic banks can invest
their liquid assets.
Kuwait’s supportive and well
considered role
The government of Kuwait has
been positive and receptive to
ideas about Islamic banking. The
Kuwait Finance House was
established in 1977, with the
government taking a significant
shareholding. Since then it has
become one of the most
successful Islamic retail banks
in the Gulf, with interests in
real estate as well as consumer
finance. The Kuwait Finance
House has enjoyed a virtual
monopoly of Islamic finance in
its home market, the only other
Islamic institution being the
International Investor, which is
more focused, as its name
implies, on global asset
management.
In 2003 Kuwait passed an Islamic
banking law to govern Islamic
finance, the aim being to allow
new entrants into the market to
promote competition. Following
the passing of the new law ten
banks applied to the Central
Bank for Islamic banking
licences, but the policy has
sensibly been to take a gradual
approach rather than have the
market swamped by new entrants.
Consequently just two licences
have been granted so far, one to
the Kuwait Investment Authority
that has applied to set up an
Islamic division, and the other
to the Kuwait Real Estate Bank
that plans to convert its entire
operation to be compliant with
shariah law.
Positive stance towards Islamic
banking in Qatar and the UAE,
but no licences granted in Oman
In Qatar Islamic finance has
been offered for over two
decades, with the Qatar Islamic
Bank operating since 1983. The
experience in the UAE has been
even longer, with the Dubai
Islamic Bank being established
in 1975, the first Islamic
commercial bank to be
established in the Gulf.
Although initially both these
institutions were monopolies in
their home markets in the
provision of shariah compliant
financial services, the
authorities in both states
encouraged competition by
granting further Islamic banking
licences, with the Qatar
International Islamic Bank
established in 1990, and the Abu
Dhabi Islamic Bank established
in 1997. The latter operates
Dubai as well as in its home
emirate, while the Dubai Islamic
Bank has branches throughout the
UAE.
Further competition in the
Islamic banking segment in the
UAE has resulted from the
conversion of all the National
Bank of Sharjah’s operations to
shariah compliant methods of
finance. This was partly in
response to the ruler of
Sharjah’s commitment to shariah
law, as the bank handles much of
the business of the government
of Sharjah.
Although Dubai has not become a
centre for Islamic finance
comparable to Bahrain, it is the
location for the headquarters of
Amanah Finance, the Islamic
banking division of HSBC, one of
the world’s largest banks. The
choice of Dubai for this
operation was largely made on
business rather than political
grounds, but in Dubai politics
is largely about business, and
the environment is very
favourable for multinational
enterprises seeking to establish
new ventures that have potential
in Arabian society and respect
the cultural values of the
region.
Saudi Arabia’s lack of a policy
A few governments have been
indecisive, notably the
government of Saudi Arabia, that
has been increasingly tolerant
towards Islamic finance, but
which has no policy on the
issue, or indeed even much
knowledge of how to regulate the
industry, despite the Kingdom
being the world’s largest market
for Islamic finance. Of course
no policy leaves a vacuum, and
arguably Islamic finance has
been able to flourish in Saudi
Arabia because there has been no
interference by government
ministers or the Saudi Arabian
Monetary Agency (SAMA), and
state meddling could be
counterproductive.
Although there has been much
awareness of the incompatibility
of conventional riba based
finance with shariah law in
Saudi Arabia ever since the
inception of the state, there
has been reluctance by policy
makers to tackle the issue
directly, perhaps because of
excessive caution. This is
reflected today in the lack of
engagement between the SAMA and
the Islamic finance industry,
with the former rarely being
represented at conferences on
Islamic finance, in contrast to
central bankers and regulators
from Malaysia and Bahrain, who
rarely miss a major conference.
SAMA does not recognise the
standards of the Accounting and
Auditing Organisation for
Islamic Financial Institutions (AAOIFI)
and was not amongst the founder
members of the Islamic Financial
Services Board (IFSB), the joint
initiative by Bahrain and
Malaysia already mentioned. Most
seriously there is no Islamic
banking law in Saudi Arabia that
might provide a framework for
the regulation of the industry.
Saudi Arabia’s substantial
government debt is financed
largely through conventional
bills and development bonds that
are held by local banks. There
could be savings in debt service
payments if at least some of
these government liabilities
were funded through the issue of
sovereign sukuk, as in
neighbouring states such as
Bahrain and Qatar. There has
been a missed opportunity to tap
into alternative sources of
funding, not least those of the
local Islamic bank, Al Rajhi,
that cannot hold interest
earning development bonds, but
which could hold sovereign sukuk
that are shariah compliant.
Given the Saudi Arabian
government’s role as the
custodian of the holiest sites
of Islam and its central
position in the Muslim World it
might be expected that it would
be one of the most innovative
countries in the development of
Islamic financial products. The
banks all provide Islamic
deposit facilities, which are
estimated to account for around
17 percent of total bank
deposits in the Kingdom, and if
Al Rajhi is included, the
proportion rises to 25 percent.
This success in the growth of
Islamic however largely reflects
the banks response to customer
demand, not government policy.
Furthermore although the Saudi
banks have committees of shariah
scholars to advise on their
Islamic banking operations, this
is not a regulatory requirement.
There is no monitoring of
Islamic products by SAMA, or any
scheme for the accreditation of
shariah scholars or professional
standards as in Malaysia where
the Central Bank has a list of
approved shariah scholars with a
knowledge of finance from which
the banks should appoint their
committees.
The limited role of Islamic
finance in North Africa
As already indicated there is
little Islamic finance in the
Muslim states of North Africa,
the sole office of Al Baraka in
Tunisia accounting for less than
one percent of the country’s
bank deposits.
Egypt has the longest history of
Islamic finance in the region,
with Mitr Gamr Savings Bank, an
Islamic credit union, dating
from 1963. Ali Sabri, Egypt’s
leftist leader under Nasser,
closed this down however in the
late 1960s, as he disapproved of
all Islamic institutions, and
thought the state should control
banking. In 1977 under Sadat’s
Open Door Policy the Faisal
Islamic Bank of Egypt was
established, partly with Saudi
Arabian capital, but although it
grew in the 1980s, it was always
on the fringes of Egypt’s
largely state-owned banking
system. In 1987 a number of
Islamic investment companies
that were unregulated collapsed,
the most notable being Al Rayan.
There was no government
compensation made available to
investors, and over 400,000
relatively poor Egyptians lost
most of their savings.
The problems confronting the
Islamic finance industry in
Egypt were made worse by the
appointment by the government of
a new Rector of Al-Azhar
University in 1989, Dr Muhammad
Sayed Tantawi. Traditionally the
holder of this position is
regarded as the most influential
religious authority in Egypt,
and a major figure in the
Islamic world. Tantawi ruled
that the interest paid by
conventional banks on deposits
should be regarded as profits
rather than usury or riba. The
implication of this ruling was
that there was no difference
between Islamic and conventional
banks. No surprisingly Tantawi’s
fatwa was denounced by Islamic
scholars in the Gulf who were
much more supportive of Islamic
finance, with Sheikh Yusuf
Qaradawi, an Egyptian born, but
Doha based, Islamic scholar
leading the attack. Despite
these criticisms, the Tantawi
fatwa still stands, although its
main consequence has been to
undermine the authority of
Al-Azhar, with the rulings of
the Fiqh Academy in Jeddah being
much more respected throughout
the Sunni Muslim World,
including their fatwa that all
interest receipts or payments
constitute riba, and are
therefore prohibited.
Western attitudes
In the West reactions to Islamic
finance ranged from polite
interest to scepticism. Those in
the conventional banking,
especially the asset management
industry, saw it as a profitable
opportunity to acquire private
clients from the Gulf of high
net worth and provide liquidity
management facilities for
Islamic banks that would
otherwise have idle cash
balances. Unfortunately however
the same institutions made while
little effort to serve local
Muslim communities in Europe or
the United States. Secularist
republican countries such as
France were at best indifferent
to Islamic finance, but in the
United Kingdom, where at least
the political establishment
increasingly prides itself in
being in favour of
multiculturalism, there has been
a growing concern that Muslims
should not be disadvantaged or
discriminated against because of
their beliefs.
The example of Islamic mortgages
illustrates the supportive
stance of the United Kingdom
government towards Islamic
finance. These have been offered
through murabahah and ijara
since 1997, the main provider
being the United Bank of Kuwait,
which following a merger, became
the Al Ahli United Bank. Their
home finance scheme, designated
the manzil programme, would
undoubtedly been more successful
if the tax treatment had been
more equitable. The difficulty
was that as the stamp duty on
house purchases was raised, this
was a double burden for Islamic
mortgages, as stamp duty arose
both when the bank purchased a
house on behalf of the client,
and when the bank resold the
property to the client. Not
wanting to disadvantage Islamic
home finance, the British
Treasury agreed that the double
stamp duty would be abolished,
and from December 2003 this
exemption took effect. As a
result other players have
entered the Islamic mortgage
market in the United Kingdom,
most notably HSBC Amanah
Finance, and the West Bromwich
Building Society, with the
latter distributing Al Ahli
manzil mortgages from its
Birmingham branches. Thanks to
government sensitivity to the
needs of the Muslim community,
Islamic home finance looks
likely to take-off in the United
Kingdom, with most of the major
mortgage providers now
expressing an interest in
serving the market.
In the United States the
antagonism to Islamic militants
resulting from the events of
11th September 2001 resulted in
a generalised, and largely
ill-informed campaign against
supposed sources of terrorist
funding. Although funding was
probably the least important
concern for suicide squads,
whose financial needs were as
limited as their brief lives,
the words Islamic banking
immediately raised the
suspicions of the ignorant. In
fact it was western conventional
institutions rather than Islamic
banks that were used for the
modest financing of the
terrorists, perhaps because the
former were least likely to
arouse suspicion.
Fortunately the campaign to
combat misinformation by the
Islamic banks, including the
presentations by Islamic
Development Bank at the 2002
IMF-World Bank Annual Conference
and subsequently at a Royal
United Services Institute
conference on money laundering
in London, has been largely
successful in winning over the
opinions of the better informed
and more financially aware in
the United States, if not the
wider public and investigative
journalists with hidden agendas.
Islamic finance and political
development
It is evident that Islamic
finance needs particular
political conditions to flourish
that are not present in many
Muslim countries. Firstly the
industry needs space to develop
its ideas and products, and
regulators who are sympathetic
towards new thinking. This is
more likely in pluralist
societies such as Malaysia than
countries that are dominated by
a single inflexible political
ideology and where there is a
monopoly of ideas. Secondly it
is clear that Islamic finance
has fared best in the economies
of the Gulf where the private
sector plays a significant role
rather than the Arab
Mediterranean states where
governments still control much
of the economy and own the major
utilities and even the banking
sector. Encouraging the private
sector aids Islamic finance,
with for example enormous
potential for corporate sukuk
where major firms have high
standards of financial
reporting. Finally
representative governments are
more likely to be responsive to
Islamic finance than
authoritarian regimes, as there
is a client demand for finance
that is compatible with shariah
law and governments need to
listen to the views of their own
populations and act accordingly.
Economic and political
liberalization aids Islamic
finance rather than hindering
its development. |