Banking makes up most of the Islamic finance industry. Banking products are often classified in one of three broad categories, two of which are "investment accounts": •
Profit and loss sharing modes (
musharakah and
mudarabah), where the financier and the customer share profits and losses, are based on "contracts of partnership". These have been called the "real and ideal" modes of Islamic finance and other theoreticians of Islamic finance). • "Asset-backed financing" and involve the "purchase and hire of goods or assets and services on a fixed-return basis". Originally these modes were intended by Islamic banking advocates to be "interim" measures, or to be used for situations where participatory financing was not practical, but now account for the great bulk of investments in many Islamic banks. • Modes based on contracts of safety and security include safe-keeping contracts (
wadi’ah) for current deposits (the equivalent of a checking account in the US), and agency contracts (
wakalah). Most Islamic finance is in banking, but non-banking finance, such as
sukuk, equity markets, investment funds, insurance (
takaful), and
microfinance, with many products named after a particular type of contract (e.g.
mudaraba) although they are combinations of more than one contract.
Profit and loss sharing While the original Islamic banking proponents hoped profit-loss sharing (PLS) would be the primary mode of finance replacing interest-based loans, – and has "declined to almost negligible proportions". Loans are permitted in Islam if the interest that is paid is linked to the profit or loss obtained by the investment. The concept of profit acts as a symbol in Islam as equal sharing of profits, losses, and risks.
Mudarabah A
mudarabah or
mudharabah contract is a profit sharing partnership in a commercial enterprise. One partner, the
rabb-ul-mal, is a
silent or sleeping partner who provides money. The other partner, the
mudarib, provides expertise and management. The arrangement is similar to
venture capital in conventional finance, in which a venture capitalist finances an entrepreneur, who provides management and labor. Profits are shared between the parties according to a pre-agreed ratio, usually either 50%–50%, or 60% for the
mudarib and 40% for the
rabb-ul-mal. If there is a loss, the
rabb-ul-mal loses the invested capital, and the
mudarib loses the invested time and effort. The sharing of risk reflects the view of Islamic banking proponents that under Islam, the user of capital –
labor and management – should not bear all the risk of failure. Sharing of risk, according to proponents, results in a balanced distribution of income, and prevents financiers from dominating the economy.
Musharakah (joint venture) Like
mudaraba,
musharakah is also a profit and loss sharing partnership, but one where investment comes from all the partners, all partners are given the option of participating in the management of the business, and all partners share in losses according to the ratio (
pro rata) of their investment.
Musharakah may be "permanent" or "diminishing". It is often used in investment projects, letters of credit, and the purchase of real estate or property. Use of
musharaka is not great. In Malaysia, for example, the share of
musharaka (or at least permanent
musharaka) financing declined from 1.4 percent in 2000 to 0.2 per cent in 2006.
Diminishing musharaka Musharaka al-Mutanaqisa (literally "diminishing partnership") is a popular type of financing for major purchases such as housing. In it, the bank and purchaser (customer) have joint ownership of a purchased asset with the customer also leasing the asset. As the customer gradually pays off the cost the bank's
equity share diminishes from all but the customer percentage of the down payment to nothing. If the customer defaults and the asset is sold, the bank and the customer split the proceeds according to each party's current equity. To highlight how
Musharaka al-Mutanaqisa is different from conventional banking mortgages in terms of law and practice is understood, compare it to a typical United States mortgage: When a buyer wishes to purchase a home, she approaches the lender and requests a loan. The lender in turn, if the buyer qualifies, will lend money to buy the house, and the bank will usually set a fixed percentage of interest to be paid to the lender. Each payment to the lender will then include a return of a portion of the principal and the interest accrued on the remaining balance for that period. Over time, the entire principal is paid back to the lender, together with all the interest that is due. In terms of the ownership of the house, the buyer/borrower/debtor will have legal title to the house during the term of repayment and thereafter too. In the county title records office, the borrower will have a title deed showing the buyer as the title holder, and not the bank. The risk of the house diminishing in value is assumed by the borrower and not the bank. On the other hand, any appreciation is also assumed by the borrower and the bank cannot ask for more principal due to appreciation. Hence, the bank and the borrower know at the outset their exact obligations to each other. The bank, in an effort to secure its loan, will place a lien (a charge) on the property, so that if the borrower does not repay the loan, the bank gets the right to foreclose on the borrower's right to hold title and have the title be transferred to the bank (or the house be auctioned and the proceeds received by the bank). In the U.S., most states have a judicial foreclosure process where the bank asks the court to sell the property to recover the balance of its loan and accrued interest, plus any other costs of the suit. The
Musharaka al-Mutanaqisa differs from the US mortgage in how it addresses the interest portion of the payment from the borrower to the bank. The concept of title is critical, because the Islamic bank will still come up with the money to buy the house, but the bank will buy the house in partnership with the homeowner. Together the bank and the borrower will become "tenants in common" and the local records office will show both the bank and the buyer as joint owners. The percentage of ownership of the house at this point will be based on the contributed money ratio between the bank and buyer. Assuming the buyer paid 10% of the price and the bank paid 90% of the price, since the bank will not be living in the house, the buyer will agree to a rental payment for the use of the 90% of the property that they do not own outright. In addition, the buyer will also agree to buy a certain percent of the bank's portion on a monthly basis. Hence, the buyer pays rent for usage of house, and also to buy out the bank's portion of ownership. Since there is no interest being paid, this form of ownership (in partnership) is acceptable under Shariah. At the end of the agreed rental term, the buyer will have bought out the entire partnership, and the buyer can then ask the bank to dissolve the partnership. The recorder's office will have a new title deed recorded, whereby the bank ceases to be a tenant-in-common with the buyer, and the buyer becomes the entire title holder (whether alone or with their spouse, or any other entity as chosen by the buyer). The essence of both transactions is different, based which entity legally has title to the house at the outset. The other difference is that the monthly payments by the buyer in Islamic banking are considered to be rent and partnership buyout payments, and not the return of principal and interest as they are in conventional banking. The Islamic bank also shares in the risk of a depreciation in the value of the house, where in the conventional banking model the bank does not take on this risk. The opposite is true also, where both the Islamic bank and the buyer gain if the house is sold for more than the book value of the partnership. In conventional banking, the bank does not benefit from rising prices. Skeptics of Islamic banking argue that the result is the same: the buyer makes monthly payments to own the house, much like a conventional mortgage. However, as the risk of the price of the house decreasing is shared between buyer and bank in Islamic banking, it is legally distinct from the conventional mortgage transaction.
Asset-backed financing . Asset-backed or debt-type instruments (also called contracts of exchange) are sales contracts that allow for the exchange of one commodity for another commodity, the exchange of a commodity for money, or the exchange of money for money.
Murâbaḥah Murabahah (or
murabaha) is an Islamic contract for a sale where the buyer and seller agree on the
markup (profit) or "
cost-plus" price for the item(s) being sold.
Murabahah has also come to be the most common type of Islamic finance. One estimate is that 80% of Islamic lending is by
murabahah. This is despite the fact that (according to Uthmani) Islamic finance Shari‘ah supervisory boards "are unanimous" in agreement that
murabahah loans "are not ideal modes of financing", and should be used only "when more preferable means of finance –
musharakah,
mudarabah,
salam or
istisna' – are not workable for some reasons". In contrast to LIBOR, Islamic banks lend money based on their own reference rate, known as the Islamic Interbank Benchmark Rate, which "uses expected profits from short-term money and a forecasted return on the assets of the bank receiving funds".
''Bai' muajjal'' In Islamic jurisprudence (
fiqh), ''bai' muajjal
, also called bai'-bithaman ajil
, or BBA, is a credit sale or deferred payment sale, i.e. the sale of goods on a deferred payment basis. In Islamic finance, the bai' muajjal
product also involves the price markup of a murabahah
contract, and a murabahah
product involves a bai-muajjal'' deferred payment. Thus the terms and are often used interchangeably, (according to Hans Visser), or "in practice ... used together" (according to Faleel Jamaldeen). However, according to another source, ''bai' muajjal
differs from murabahah
in that the client, not the bank, is in possession of and bear the risk for the goods being purchased before completion of payment. And according to a Malaysian source, the main difference between BBA (short for bai'-bithaman ajil
) and murabaha
– at least as practiced in Malaysia – is that murabaha'' is used for medium and short term financing and BBA for longer term. ''Bai' muajjal'' as a finance product was introduced in 1983 by Bank Islam Malaysia Berhad.
''Bai' al 'inah'' (sale and buy-back agreement) ''Bai' al 'inah'' (literally, "double sale" or "a loan in the form of a sale"), is a financing arrangement where the financier/bank buys some asset from the customer on a
spot basis, with the financier's payment constituting the "loan". The asset is then sold back to the customer, who pays in installments over time, essentially "repaying the loan". Since the loaning of cash for profit is forbidden in Islamic finance, some scholars do not believe ''bai' al 'inah
is permissible in Islam. According to the Institute of Islamic Banking and Insurance, it "serves as a ruse for lending on interest", but bai' al 'inah'' is practiced in Malaysia and similar jurisdictions.
Musawamah A
musawamah (literally "bargaining") contract is used if the exact cost of the item(s) sold to the bank/financier either cannot be or is not ascertained.
Istisna and bai salam Istisna (also
bia istisna or ''bai' al-istisna
) and bai salam
(also bai us salam
or just salam'') are "
forward contracts" – customized contracts where immediate payment is made for goods in the future (i.e. goods not yet manufactured, built, or harvested). while salam "can be effected on anything" except gold, silver, or currencies based on these metals. On the other hand, a salam contract cannot be cancelled unilaterally, and the time of delivery must be specified When the product/structure is finished and sold, the bank can be repaid.
Bai salam and
istisna contracts should be as detailed as possible to avoid uncertainty.
Salam contracts predate
istisna and were designed to fulfill the needs of small farmers and traders. Salam is a preferred financing structure and carries a higher order of
Shariah compliance than
murabahah or
musawamah contracts.
Istisna are used in the Islamic finance world by the Kuwait Finance House Examples of banks using
salam are ADCB Islamic Banking and Dubai Islamic Bank. is a leasing or renting contract. In traditional Islamic jurisprudence (
fiqh), it means a contract for the hiring of persons, services, or the "
usufruct" of a property, generally for a fixed period and price. In Islamic finance,
al ijarah usually refers to a leasing contract that also includes a sales contract. Some property, such as a manufacturing plant, office automation, or motor vehicle, is leased to a client for a stream of rental and purchase payments, so that the end of the leasing period coincides with the completion of purchase payments and transfer of ownership to the lessee. and
ijarah wa-iqtina ("lease and ownership") involve the leasing/renting/hiring of a good, paid in installments and ending with its purchase (or option to purchase) by/for the customer. The two modes differ in that in
ijarah wa-iqtina (or
ijara muntahia bittamleek) sale/ownership transfer is "an option given to the lessee" and cannot be a precondition.
Ijara mawsoofa bi al dhimma In a "forward ijarah" or
ijara mawsoofa bi al dhimma, the service or benefit being leased is defined, rather than the particular unit providing that service/benefit. In contemporary Islamic finance, it is used to finance construction (of a home, office, factory, etc.) combined with a
istisna contract.
Ijarah challenges Among the complaints made against
ijara are that in practice some rules protecting the customer are overlooked, that its rules provide weaker legal standing and consumer protection and less flexibility than a conventional
mortgage loan or
car finance contract, as well as higher costs.
Tawarruq A
tawarruq (literally "turns into silver", or "monetization") and both contemporary and classical Islamic scholars have forbidden the practice. Nonetheless, as of 2012 Islamic banks using
tawarruq include the United Arab Bank, QNB Al Islamic,
Standard Chartered of the United Arab Emirates, and
Bank Muamalat Malaysia.
Charitable lending Qardh-ul hasan Taqi Usmani insists that the "role of loans" (as opposed to investment or finance) in a truly Islamic society is "very limited", and that Shariah law permits loans not as an ordinary occurrence, "but only in cases of dire need". Such loans are often made by social service agencies, or by a firm as a benefit to its employees, rather than by Islamic banks. They are analogous to the
microcredit of conventional finance, when it does not provide for interest. Quoting the Islamic prophet Muhammad, some sources insist that lenders may not gain "any advantage or benefits" from the loan, let alone interest. However, some Islamic banks offer products called
qardh-ul hasan which charge lenders a management fee, and others have savings account products called
qardh-ul hasan, (the "loan" being a deposit to a bank account) where the debtor (the bank) may pay an extra amount beyond the principal amount of the loan (known as a
hibah, literally gift) if the extra is not an obligation of the account/loan agreement. and predates conventional banking
remittance systems by many centuries. In the first half of the 20th century it lost ground to instruments of the conventional banking system, but regained it starting in the late 20th century with the economic migration of Muslim workers to wealthier countries in the West and the Gulf and their need to send money home. Dubai has traditionally served as a hub for
hawala.
Hawala is based on a short term, discountable, negotiable, promissory note (or bill of exchange) called "hundi", Hawaladars are often small traders who work at
hawala as a sideline or moonlighting operation. is called "surety" or "guaranty" in conventional finance. A third party accepts an existing obligation and becomes responsible for fulfilling someone's liability. A
rahn contract is made in order to secure a financial liability.
Wakalah In a
wakalah contract, a person (the principal or
muwakkel) appoints a representative (the agent or
wakil) to undertake transactions on his/her behalf which the principal does not have the time, knowledge or expertise to perform themselves – similar to a
power of attorney agreement in conventional legal terms.
Wakalah should be a non-binding contract for a fixed fee. The agent's services may include selling and buying, lending and borrowing, debt assignment, guarantee, gifting, litigation and making payments, and
wakil are involved in numerous Islamic products like
musharakah,
mudarabah,
murabaha,
salam and
ijarah. An example of
wakalah is found in a
mudarabah profit and loss sharing contract where the
mudarib (the party that receives the capital and manages the enterprise) serves as a
wakil for the
rabb-ul-mal (the silent party that provides the capital).
Deposits in Islamic banking From the point of view of depositors, the "investment accounts" of Islamic banks – based on profit and loss sharing and asset-backed finance – play a similar role to the "time
deposits" of conventional banks. (For example, one Islamic bank –
Al Rayan Bank in the United Kingdom – offers "fixed term" deposits or savings accounts). In both, the depositor agrees to hold the deposit at the bank for a fixed amount of time. In Islamic banking return is measured as "expected profit rate" rather than interest. "
Demand deposits" of Islamic financial institutions, which provide no return, are structured with
qard al-hasana (also known as
qard) contracts
, or less commonly as
wadiah or
amanah contracts, according to Mohammad O. Farooq.
Restricted and unrestricted investment accounts At least in one Muslim country with a strong Islamic banking sector (Malaysia), there are two main types of investment accounts offered by Islamic banks for those investing specifically in profit and loss sharing modes leaving the bank or investing institution full authority to invest funds as "it deems fit", unrestricted by purpose, geography, or means of investing. In exchange the accounts may be "tailored to meet a diverse range of customer needs and preferences", but are not guaranteed against losses. and have sometimes hidden poor performance from investors.
Demand deposits Islamic banks also offer "demand deposits", i.e. accounts which promise the convenience of returning funds to depositors on demand, but in return usually pay little if any return on investment and/or charge more fees.
Qard Because demand deposits pay little if any return and
qard al-hasana (mentioned
above) loans are forbidden to pay any "stipulated benefit", the
qard is a popular Islamic finance structure for demand deposits. In this mode, customer deposits constitute "loans" and the Islamic bank a "borrower" who guarantees full return of the "lenders" deposits. Islamic banks, on the other hand, are multi-million or billion dollar profit-making institutions, and their depositors/lenders typically expect to be able to withdraw their deposits on demand rather than be asked to be lenient with the bank. Its use has nonetheless has been attacked by at least one scholar as the "entry of
riba through the back door".
''Wadi'ah and amanah'' Two other contracts sometimes used by Islamic finance institutions for pay-back-on-demand accounts instead of
qard al-hasanah are ''wadi'ah
(literally "safekeeping") and amanah'' (literally "trust"). Sources disagree over the definition of these two contracts. "Often the same words are used by different banks and have different meanings." Sometimes ''wadi'ah
and amanah'' are used interchangeably. Sources differ over whether ''wadi'ah
deposits are simply guaranteed by the bank or must be kept unused with 100% reserve, with another type of contract – called wadi'ah yadd ad daman'' – allowing "rights of disposal" to invest but guaranteeing "repayment of the whole or part" of "current account deposit". According to at least one report, in practice no examples of 100 percent reserve banking are known to exist.
Other Sharia-compliant financial instruments Sukuk (bonds) Sukuk (plural of صك
sakk) – often called "Islamic" or "sharia compliant" bonds – are financial certificates developed as an alternative to conventional bonds. Different types of sukuk are based on the different structures of Islamic contracts mentioned above (
murabaha,
ijara,
wakala,
istisna,
musharaka,
istithmar, etc.), depending on the project the
sukuk are financing. Like conventional bonds,
sukuk have expiration dates, but instead of receiving interest payments on money lent as bonds do,
sukuk holders are given "(nominal) part-ownership of an asset" from which they receive income "either from profits generated by that asset or from rental payments made by the issuer". However, in practice, most
sukuk are "asset-based" rather than "asset-backed"—their assets are not truly owned by their
Special Purpose Vehicle, and (like conventional bonds), their holders have recourse to the originator if there is a shortfall in payments. The
sukuk market began to take off around 2000 and as of 2013,
sukuk represent 0.25 percent of global bond markets. The total value of outstanding
sukuk as of the end of 2014 was $294 billion, with $188 billion from Asia, and $95.5 billion from the countries of the
Gulf Cooperation Council. Demand for
sukuk should able to support further growth.
Takaful (insurance) Takaful, sometimes called "Islamic insurance", differs from conventional insurance in that it is based on
mutuality so that the risk is borne by all the insured rather than by the insurance company. Like other Islamic finance operations, the
takaful industry has been praised by some for providing "superior alternatives" to conventional equivalents; and criticized by others for not being significantly different from them in its use of the "
law of large numbers" to spread risk, or its use of conventional corporate (not mutual) management practices. The industry is projected to reach $25 billion in size by the end of 2017.
Credit cards While a number of scholars (Manzur Ahmad, Hossein Askari, Zamir Iqbal and Abbas Mirakhor) have cast doubt on the Shariah compliance of any kind of credit card – or at least cards that "can offer the same service as the conventional credit card" – there are credit cards claiming to be Shariah-compliant (particularly in Malaysia, where as of about 2012 they were offered by Bank Islam Malaysia Berhad, CIMB Islamic Bank Berhad, HSBC Amanah Malaysia Berhad, Maybank Islamic Berhad, RHB Islamic Bank Berhad, Standard Chartered Berhad, and Am Islamic Bank Berhad.) These generally follow one of a number of arrangements: •
ujra (the client simply pays an annual service fee for using the card); • cards that act much like
debit cards, with any transaction "directly debited" from the holder's bank account.
Funds Islamic funds are professionally managed investment funds that pool money from many investors to purchase securities that have been screened for Sharia compliance. They include mutual funds holding
equity and/or
sukuk securities, but Islamic "alternative" funds deal in "anything from private equity and real estate to infrastructure and commodity asset classes." They began growing fairly rapidly in about 2004, and as of 2014 there were 943 Islamic mutual funds worldwide and as of May 2015, they held $53.2 billion of assets under management, with "latent demand" for considerable growth. Benchmarks to gauge the (equity) funds' performance include the Dow Jones Islamic market index series and the FTSE Global Islamic Index Series. At least from 2000 to 2009, Islamic equity funds under-performed both Islamic and conventional equity benchmarks, particularly as the
2008 financial crisis set in (according to a study by Raphie Hayat and Roman Kraeuss).
Derivatives As mentioned above (see Islamic laws on trading), "almost all conservative Sharia scholars" believe
derivatives (i.e. securities whose price is dependent upon one or more underlying assets) are in violation of Islamic prohibitions on
gharar. This, however, has not stopped the Islamic finance industry from using some of these instruments, and derivative permissibility in Islam is a subject of "heated debate". include swaps and options:
Swaps Faleel Jamaldeen describes the Islamic swap market as being composed of two kinds of swaps: • Profit rate swaps are "based on exchanging fixed for floating rate profits". According to Harris Irfan, the Islamic finance market is "awash" with "profit rate swap" contracts, including a global standard developed by the IIFM and
International Swaps and Derivatives Association. In Malaysia, the "Islamic Profit Rate Swap" (IPRS) hedging tool is popular. • Cross-currency swaps are used by investors to "transfer currency fluctuation risk among themselves." In each the seller has the right but not the obligation to either buy (in the case of a call or
urbun) or sell (in the case of a put or "reverse
urbun") at a pre-determined price by some point in the future. These two Islamic options also have a different name for a "premium", (called a "down payment") and for the "strike price" ("preset price"). The options' Islamic distinctiveness has been questioned by analysts, and its use has been criticized by conservative scholars. According to the Islamic Microfinance Network website (as of ), there are more than 300 Islamic microfinance institutions in 32 countries. The products used in Islamic microfinance may include some of those mentioned above –
qard al hassan,
musharaka,
mudaraba,
salam, and others. A number of studies One 2012 report found that Islamic microfinance made up less than 1 percent of the global microfinance outreach, "despite the fact that almost half of the clients of microfinance live in Muslim countries and the demand for Islamic microfinance is very strong." == Monetary system integration ==