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Abstract
Purpose – This chapter shows that Islamic finance does not aim at
substituting the conventional financial system, rather it can be used to
reform it. It can thus indirectly contribute to its survival.
1. Introduction
1
Our understanding of a financial system is what establishes a relationship between
economic agents, capital holders and users of that capital, financial exchanges can
take place in markets directly (in formal or informal markets) or through financial
institutions. The system is said to be traditional in contrast with the Islamic financial
system.
2
In 1716, during the Regency years of Louis XV. Law, recently arrived from
England, is given permission to create the first private bank which will soon become
the royal bank. In 1800, under Napoléon Bonaparte, it becomes the Bank of France.
3
The Council de Nicaea (325) which prohibits interest will be taken up later by
Charlemagne (789), then by the Council of Lateran in 1179 (not only are usurers
excommunicated but they are not buried properly).
Islamic Finance 175
That issue is all the more important since the traditional system has been
widely criticized after the various financial crises. In that context, the
principles and operating modes of the Islamic financial system (IFS) give it
the appearance of an ideal. The idea of fairness and of justice belonging to
he IFS seem to give it the potential to make economic activity more moral.
As a consequence, should Islamic finance be considered as an alternative as
a model that could be a reference for the reform of the global system?
4
Individuals are not owners of their wealth but mere lieutenants; their responsibility
is to make it bear fruit for their own enjoyment and the enjoyment of others.
5
Money no longer is a productive asset but a mere instrument of exchange and
safeguard of wealth.
176 G. Causse
was in charge of making sure that the activity of the institution was in
conformity with the precepts of Islam. The next important event was the
creation of the Islamic Development Bank (IDB) in 1975. It’s objective was
to be a bank for the development of the Muslim world and, as such, it takes
part in ambitious projects. In the same period, some countries, which have
become Islamic republics, Islamized their financial systems thoroughly:
Pakistan in 1979, and Sudan and Iran in 1983. In the 1990s, another striking
event occurred, the opening of special departments or Islamic windows
within traditional banks already present in Muslim countries. The next step
will be the opening of banks and Islamic windows outside the Muslim world
from the year 2000.
6
The price tripled between 1999 and 2005.
Islamic Finance 177
7
The experience, the techniques and the terminology of Islamic finance have now
been assimilated in major international banks (HSBC, Citi Bank, etc.) not because it
would be an efficient replacement solution but because the Islamic label opens new
markets (Ramadan (2008), p. 315).
8
Countries supporting the development of Islamic finance are the only ones to have
taken steps to eliminate ) tax frictions; it is the case in France (cf. instructions dated
July 23, 2010).
9
In participative transactions, they take up the entrepreneur’s responsibility; in
commercial transactions (purchase/sale) the owner’s.
178 G. Causse
10
See Causse & et Abdelhafid (2010) on the matter.
11
The tawarruq is based on the same principle as the mourabaha: a purchase followed
by a sale. The IB buys raw materials from a broker and sells them on to a client. The
materials are then sold on to another broker against liquidities. The client then pays
to the bank. Purchase and sale contracts are independent. Although that practice is
very popular in the Middle-East and allowed by charia committees, it is nonetheless
widely criticized. The Fiqh Academy, at a conference that took place in the UAE in
2009, initiated by OIC, declared those practices irregular.
Islamic Finance 179
Not only does the IFS have a very attractive social and societal dimension
but it is also presented as capable of escaping crises thanks to its very
principles. As such, could it be an alternative to the conventional system?
What is the future of that system?
fact that Islamic finance being part of the Islamic religion has the same
ambitions as the religion itself.
As the IFS is a system in itself, the second solution can be imagined.
Of course, many problems of regulation and of articulation between the
two systems would have to be solved.12 But that solution depends on
IB themselves, i.e. on the status they claim for themselves: do they
consider themselves as financial institutions belonging to an alternative
system?
To answer that question, let us examine their strategy, in particular when
those strategies are in conformity with their initial mission.
12
Even in countries with a multicultural tradition, such as Lebanon, which have
administrative provisions for the co-existence of financial institutions of both types,
all the problems have not been solved.
Islamic Finance 181
13
A. A. Badawi, Prime Minister of Malaysia, November 12, 2008, retrieved from
http://www.financeislamiquefrance.fr/archives-actualités-internationales.php
14
P. Fouet: Le développement de la finance islamique vu du Moyen-Orient, Revue
Banque et Strate´gie n1 253, novembre 2007, p. 16.
Islamic Finance 183
– y some people argue that the new paradigm may at best be interest free.
It cannot really be called Islamic in the sense of free from exploitation
(Iqbal, 2007, p. 103).
The severest criticism comes from Ahmed Al Naggar, the pioneer of
Islamic banking in Egypt, who was the first secretary of the Association of
IB. When he retired in 1991, he said, ‘Islamic banks have not yet began to
accomplish their specific task, their social and educational mission is still a
failure, because on their excessive focus on religion y most Islamic banks
have sold their soul y (Galloux, 1993, p. 471).
What has been stated above about the present strategy of IB leads us to
believe that their fate is similar to that of banks belonging to the social
economy to which they belong. Similar to solidarity banks, which have a
tendency to become mere banks, IB tend to lose their specificities gradually.
Some charia committees or Islamic institutions change their minds about the
lawfulness of some products surprisingly quickly. Thus, after 3 years of
negotiation, coverage transactions on rates or on currencies can be set up
within the limits of a reference contract in keeping with the charia,15 that
decision is coherent.
According to Cheick Usmani (2004), a well-known religious expert,
Islam being a way of behaving in life, there are two possible sets of rules:
one based on the ideal goals of charia that can be applied in normal
conditions, the other based on some slackening that can be admitted in
abnormal situations. IBs seem to find it hard to work in an ‘abnormal’
environment and therefore renounced the strict application of their
model, slackening their rules in order to survive and develop (Chapelliére,
2009, p. 283).
This slackening will undoubtedly enable Islamic finance to become part
of the global system. The third solution seems to be adopted. Some
operations that are Islamic in themselves could take the form of ‘ethical’
products and be retailed by the traditional banking system in non-Muslim
countries.
They will probably not have fulfilled their initial mission, yet they will
have made it possible for a new model to emerge, and that is a good thing,
especially today when the dominant system is being questioned.
15
Le Tahawwut Master Agreement (cf. www.agefi.fr du 3 mars 2010).
184 G. Causse
The global financial system was strongly shaken by the crisis. The latter has
now become trivial. It has been considered as being cyclical phenomenon
among others; no lasting remedy is therefore looked for. It would be sufficient
to change behaviours and to manage risks better. In fact, since the last
crises (in the 1980s) the context has been changing because of deregulation
and financial liberalization. Capitalism has become financial capitalism.
Never has the financial sphere seemed – rightly or not – to run for itself,
totally disconnected from the ‘real’ world, i.e. the corporate world (Albouy,
2010). Financial flows are 45 times the real flows (Berruyer, 2011). A reform
of the financial system itself becomes necessary. Numerous people have
spoken in favour of it. They are echoed by news headlines: For an
alternative approach to economy, what antidote against the crisis? Is there
an alternative to capitalist banking? In favour of alternative finance, y yet
what is meant by ‘alternative’ finance?
In continental Europe, that concept usually encapsulates all the
establishments belonging to the ‘social economy’, i.e. essentially mutualist
and cooperative banks. Unfortunately, and for various reasons – notably
the lack of consideration of states for those socially oriented establishments
and the pressure of financial markets which have led them to practices off
their field of activity (securitization, creation of classical subsidiaries) – the
quest for an alternative solution, based on another economic logic, has not
really succeeded. What is meant by another logic is the logic that gives
priority to stakeholders over capital and to the well-being of organization or
community members over monetary gains. The social economy sector finds
it hard to fulfil its mission. Its role cannot be overlooked, but it is not
sufficient to question the financialization of the economy.
The model of financial system found in social economy is probably too
close to that of the traditional system, which is why it did not encourage
reformers to rethink it in depth. Conversely, Islamic finance, with its strong
ethical dimension, its corpus of rules, could be seen as capable of doing it.
As underlined earlier on, its rules come from what could be called the
Islamic economic theory. Its theoretical foundation is the charia (the Koran,
sounna and fiqh), but it has to some extent undergone the influence of the
West.16
16
According to Ghaussy (2001, pp. 37–38): The norms and values of the West
have y influenced and partially transformed an understanding of the social and
economic organization that had been autonomous so far y. The spectrum of
modern approaches goes from liberal and lay conceptions to conceptions based on
social reforms or on strong state leadership. The author mentions the influence of
18th century France (Les Lumières) on Turkey, as well as the influence of reformist
Islamic Finance 185
The crisis is not solely economic; it has a strong social dimension, in its causes
and its consequences. As a consequence, remedies cannot be exclusively
economic. That is why reference will be made to texts written by sociologists
like Polanyi (2009) dealing with the articulation of economic and social
matters. More than half a century ago, that author was already fighting
against the myth of the market – the basis of the present economic system –
that was supposed to regulate itself. To describe that situation, he speaks of a
disembedded economy, meaning an economy in which markets are set free
from the social regulations proper to previous economic systems y an
economy where the pursuit of individual gain is general and y governed by
market prices alone (Le Velly, 2009). Market rules are indeed established
independently from social consequences; they are a kind of dictatorship.
Individualism has become one of the strongest components of social and
economic life.
Furthermore attempts at re-embedding are appearing, thus the current
debate on the social responsibility of organizations and on the respect of the
common good. Numerous reforming movements are emerging17; they reveal
or modernist theories coming from France or from Britain on the Arabic world and
on Persia. Socialist movements were on friendly ground. He adds nonetheless that
those theories never threatened the influence of Islam on basic social organization,
even in socialist-oriented Muslim states.
17
Movements in favour of a human economy, started by economist Jacques
Généreux attracting supports from all over the world (cf. Manifeste pour l’économie
humaine, 2000), or of a purple economy whose aim is to restore the cultural
dimension of the economy (cf. L’économie mauve, une nouvelle alliance entre culture
et économie, Le Monde, May 19, 2011).
186 G. Causse
the necessity to bring values back to the business world. The fair trade
project also belongs to that ‘re-embedding’ attempt.
Alongside those ‘lay’ movements, it seems that renewed attention is paid
to the relationships between growth and religion18 in the same logic as Max
Weber’s works, notably ‘Protestant Ethics and the Spirit of Capitalism’
(Weber, 2003). The link between the economic development of a country
and its moral values cannot be doubted and it must be admitted that religion
conveys values – such as solidarity, work ethics, honesty – weighing on the
economy. In that respect the Muslim religion stands out from the rest, first
because spiritual and worldly matters are confused (Arkoun, 2007, p. 65),
second because it is equipped with principles regulating economic activities.
In the other religions, spiritual and worldly matters are disconnected thus
diminishing the pregnancy and the collective character of moral values.
They have become everyone’s business; the market does not care about
(or no longer does) restrictive values that would endanger profitability.
The principles of good governance that Islamic financial institutions
must respect are inherent to the Muslim religion and had existed long
before the birth of those institutions a few decades ago. Ibn Khaldoun
(Al Muqaddima), in the 16th century, called for good governance in the mid
term and in the long term. He gave the following definition: ‘Politics is the
art of governing a family or a city according to moral standards and to
principles of wisdom, in order to encourage populations to act for the
conservation and the durability of the species’ (Goumeziane, 2011, p. 185).
As the author puts it: Are we not here close to the definition of sustainable
development, as it was adopted in 1992 at a United Nations summit in Rio,
stating the necessity ‘to meet the needs of present generations without
compromising the possibility to meet the needs of future generations’.
It would probably be utopian to imagine an economy that would be
completely ‘embedded’, i.e. promoting mankind, but what can be wished
for, as advocated by reformist movements, and Islam among them, is an
articulation of economic, social and societal matters.
18
Cf. Barro (2005, p. 2). The rise of the Asian dragons (Donnadieu, 2005, p. 15) is
seen as a Confucian–Buddhist heritage, a link is established between dechristianiza-
tion and economic decline in Europe (Ferguson, 2005, p. 10); some Christian
financiers disagree openly with organizations that have no other purpose than the
pursuit of interest (cf. Manifeste de financiers chrétiens atterrés, La Croix, December
5, 2011).
Islamic Finance 187
creator, i.e. God. Human beings are ‘lieutenants’ of God on Earth.19 Wealth
has been bequeathed to human beings and they must fructify it for their
own benefit and for the benefit of society. Time is also an element of that
wealth, but contrary to traditional finance, it is not considered as a
commercial value, but as something that must not be wasted and must be
used for the benefit of God.
That notion of non-exclusive property entails a responsibility that should
avert some abuses such as the concentration and/or accumulation of capital,
waste of ill-use of wealth. The responsibility that has to be exercised in
commercial transactions is expressed notably by the prohibition of hoarding
and of maysir (speculation).
The prohibition of hoarding is justified by the obligation to fructify one’s
wealth for the benefit of all.20 The prohibition of speculation is a warning
against risks. It has various implications, notably the idea that each
transaction must be based on a real asset. Financial coverage transactions
(swaps, futures, etc.), also speculative are therefore, in principle, prohibited
in the IFS.21
In the traditional system, speculation has become one of the ways of
improving company profitability. Safeguards making it possible to deter-
mine the origin of profits have even been removed. According to new
accounting standards, which have become mere financial norms,22 stock-
exchange added-values deserve as much consideration as the gains derived
from the sale of engineered products or from services done.
It is all the more dangerous as financial market prices do not represent
real values y the market is a place where evaluation norms are being set
up, where a specific vision of the future emerges y financial power and
autonomy are then assessed according to the ability to impose judgement
and assessments (Orléan, 2000). The extreme volatility of prices can only be
19
‘And it is He who has made you successors upon the earth y (S. 6, V.
165.) y spend out of that in which He has made you successors (S. 57, V. 7.).
20
And those who hoard gold and silver and spend it not in the way of Allah –
give them tidings of a painful punishment y so taste what you used to hoard!
(S. 9, V. 34, et 35).
21
A master agreement Tahawwut was signed jointly by ISDA (International Swaps
and Derivatives Association) and IIFM (International Islamic Financial Market),
according to which some derived products can be used for risk coverage under
specific conditions. According to the principles of Islamic finance, the use of those
products is not lawful; the prohibition of gharar (uncertainty, deceit, risk, ambiguity)
stands in strong opposition to it. Principles of a superior order alone (good
stewardship of wealth, work ethics or the necessity of efforts) must justify their use.
(cf. Causse & et Abdelhafid, 2010).
22
The IFRS (International Financial Reporting Standards) set up by a private
organization, the IASB (International Accounting Standards Board), adopted by
most developed countries under the pressure of the market.
188 G. Causse
accounted for by the changes of the real economy. Finance and the real
economy are disconnected.
Islamic finance, by prohibiting speculation, by limiting securitization, and
by reducing the use of derived products to the coverage of risks, leads to the
idea that the creation of wealth by companies can only stem from their
industrial and commercial activity. It can never result from stock-exchange
gambling.
23
And that there is not for man except that [good] for which he strives (S. 53, V. 39).
24
The stakeholders theory, developed from an article by R.E. Freeman, published in
1984.
Islamic Finance 189
work, belong to that logic. After the transaction, they share the benefits
derived from it. It cannot be denied that most of the transactions carried out
by IBs are not based on the sharing of benefits and losses but the principle is
there and is one of the main specificities of Islamic finance.
It can be added that this functioning mode, based on the association of
work and capital and on the sharing of profits and losses, is undoubtedly
one of the main remedies to the financialization of the economy.
25
Cf. Hassoune A., conference at the Ministry of Finance, Paris, November 2009.
26
It is a consequence of the prohibition of gharar, taken notably from the following
hadith: The Prophet has prohibited the purchase of any animal not yet born, still in
its mother’s womb, the sale of milk still in the teat, y the purchase of a fisherman’s
catch before he goes to sea.
27
That principle makes it possible to forget some prohibitions: Allah does not charge
a soul except [with that within] its capacity (S. 2, V. 286).
28
y And that his effort is going to be seen, then he will be recompensed for it with
the fullest recompense y (S. 53, V. 40 et 41).
190 G. Causse
The interest, the fixed cost borne by the entrepreneur-lender, before any
return, is nothing more than the distribution of a potential result, in the
future. The money lent has generated income although it has not created any
wealth and perhaps never will. Burdening a project heavily, at the very start,
endangers its success. The alternative to interest is the sharing of profits and
losses. That mode of remuneration has very different characteristics; it
represents a genuine sharing between the partners of the creation of wealth,
as well as of the risks. The amount that is distributed varies; it depends on
the profitability.
Money and wealth have taboos in most religions.29 What is original in Islam
is that money cannot be for sale or to let because it has no value in itself with
a price determined by the market. It is a mere tool of measurement, of
exchange and for the storage of value. As a consequence, riba (interest and
usury) is prohibited.30
As in other monotheistic religions, which were equally combating the
usurious practices of merchants, the main foundation of that prohibition is
social justice. It has been widely discussed in the three monotheistic reli-
gions.31 Christians, on the basis of the Gospel, have banned the practice of
interest, then a distinction was made between interest and usury. That
distinction was not established in the Muslim religion and the word used
is riba.
29
Some verses from the Old and the New Testaments prove it: Ye cannot serve God
and mammon (Matthew 6:24). It is easier for a camel to go through the eye of a
needle, than for a rich man to enter into the kingdom of God (Mark 10: 23–27). The
Koran is clear on that matter: Woe to every scorner and mocker, who collects wealth
and [continuously] counts it, He thinks that his wealth will make him immortal! No!
No! He will surely be thrown into the Crusher [hell] (S. 104, V. 1 à 4).
30
Several verses of the Koran consider it as not desirable: And whatever you give for
interest (usury in some translations) to increase within the wealth of people will not
increase with Allah (S. 30, V. 39.); in another one the prohibition is clear: {O you
who have believed, do not consume usury, doubled and multiplied, but fear Allah
that you may be successful. And fear the Fire, which has been prepared for the
disbelievers (S. 3, V. 130, 131.); in the end, interest is definitively condemned: {O
you who have believed, fear Allah and give up what remains [due to you] of interest,
if you should be believers (S. 2, V. 275 à 278.). That last sura (2) is the longest
and presumably the most recent.
31
See two issues of Finance and Common Good, nr 16 {Interest Rates and Moral –
Religious Perspectives, Autum 2003, and nr 17 {Capital Remuneration: Con-
temporary Practices, Winter 2003–2004, notably the article by D. Ramelet: {La
prohibition de l’usure au Moyen-Âge. (the prohibition of usury in the Middle Ages)
Islamic Finance 191
32
Défense de l’usure, 1787.
33
The General Theory of Employment, Interest and Money, 1936.
34
O you who have believed, do not consume one another’s wealth unjustly but only
[in lawful] business by mutual consent. (S. 4, V. 29.)
192 G. Causse
suspensive condition, i.e. contracts whom the validity depends on the arrival
of an event, or double contracts, i.e. merging two contracts in a single one
(a sale and a loan for example), as well buying back from a person what
one has just sold (Cf. Vogel and Hayes, 1998, p. 68). The goal of those
prohibitions is to avoid possible disputes in complex contracts, or to comply
with the strict prohibition of riba and gharar.35 Among the duties imposed
on every Muslim, let us mention36 the pursuit of mutual benefits (fairness in
reciprocal commitments), the allocation of profit according to the risk
taken, the supply of maximum information (reveal to the buyer the defects
of the object of the transaction), the avoidance of negatives externalities for
the three parties (including society in general), the prohibition of unequal
exchanges (elimination of clauses and practices that rob the other party) and
the respect of the letter and of the spirit of a contract. Those duties are
clearly derived from verses of the Koran dealing with delusions on the very
object of the contract.37
Solidarity and social justice are strong values in monotheistic religions, yet
in the west, as the time went by, under the influence of various factors
(capitalism, urbanization, the decline of religion y), individualism has
become one of the components of social and economic life. Conversely, in
the Muslim world, Islamic doctrine, where worldly and religious matters
cannot be separated, emphasizes the idea of cooperation, ‘the community
spirit’, the pre-eminence of the group over individuals y. That cooperation
Ibn Khaldoun calls solidarity, is the basis of the tribe or of the clan meant as
social organizations (Siagh, 2003, p. 31).
Humans have the responsibility to fructify the goods of which they are
stewards; they can benefit from the fruit of their work but on the condition
that the wealth created should be partly redistributed. That obligation is
repeated several times in the Koran.38
35
Take the example of Iqbal (2007), this is how he illustrates why goods that have
been sold must not be bought back. Thus A sells his house to B for a price of US $
500,000 paid cash and in the same time, buys it back for a price of 600,000 $ with a
loan. The final amount of the exchange is $ 500,000 today and will be $ 600,000
tomorrow. The price difference is the price of time.
36
Most of them are taken up in The 10 commandments to be observed as formulated
by Iqbal (2007), p. 19.
37
And O my people, give full measure and weight in justice and do not deprive
the people of their due y (S. 11, V. 85).
38
That obligation appears in several versus, here it is most peremptory: y And those
whose scales are heavy [with good deeds] – it is they who are the successful; But those
Islamic Finance 193
whose scales are light – those are the ones who have lost their souls, [being] in Hell,
abiding eternally (S. 23 V. 102, 103).
39
In Islam there are various types of prayer, one can pray through one’s deeds or
through one’s wealth.
40
In the same way the AlBaraka bank in Algeria, created, in November 2010, a
monetary waqf, which is a company shareholder, the SPA Trans Waqf, a taxi
company whose dividends are given to charities.
41
One can also mention Louis Even (1885–1980), a Frenchman who had emigrated
to Canada, who, during the crisis, founded the Crédit social. It was quite a success
and became popular with several Canadian provincial governments.
194 G. Causse
5. Conclusion
The principles of Islamic business ethics, as they have been listed, can first
appear as utopian. Yet they are common sense, even if it has been forgotten.
The objectives pursued by the promoters of the financial institutions of the
social economy as stated above come as a proof. As underlined by
Guéranger (2009, p. 78): Islamic finance, shaped by Muslim ethics, is no
alien object but an approach the European tradition used to be familiar
with, retrieved today by the Western ethical movement for reasons both of
morality and of efficiency.
Attempts at restoring some moral principles, and a bit of humanity, in the
financial and economic world are then numerous. Since the emergence of a
capitalism, amoral by nature, now essentially financial, various attempts
have been made, from the mid-19th century to the present day. Yet, in spite
of the widely acknowledged necessity to change paradigms, thorough
reforms do not seem to be close at hand. Changes are minor and remained
confined to the strict financial field.42
Western economies are so suffused with concepts of individualism, of
pursuit of profit, that an articulated approach, founded on strong principles,
is necessary to restore moral values within the financial system. Solidarity,
fairness, the respect of individuals and of values both social and societal are
as many challenges to be met, against a global financial system whose main
actors overlook constraints linked with values. In the end, the success of
such a reform of the system would be a return to some forgotten or partially
overlooked values.
Islamic finance has given much hope to various categories of people: to
Muslims who wish to act according to their religion, to small entrepreneurs
in developing countries who find no funding for their projects, but also to
42
They do not go beyond the improvement of prudential rules.
Islamic Finance 195
those who crave for ethics and are confronted with a financial system with
which they are not content. The observation of IBs, after 30 years of
existence, leads to the conclusion that, similar to mutualist banks, they will
gradually become part of the global system, even if they retain some of their
specificities. Yet that is not a failure. They may not have fulfilled the mission
given to them at the start but the eliciting of a new reference model is a
good thing, especially today when the system is being challenged. The body
of Islamic principles is a strong basis on which a reforming movement
can build.
References