Islamic Bank the challenges

Forbidden to you (for food) are: dead meat, blood the flesh of swine, and that on which hath been invoked the name of other than Allah, that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form); that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is impiety. This day have those who reject Faith given up all hope of your religion: yet fear them not but fear Me.
This day have I perfected your religion for you, completed my favors upon you, and have chosen for you Islam as your religion.

But if any is forced by hunger, with no inclination to transgression, Allah is indeed Oft-Forgiving Most Merciful. (3) Quran Al Maidah 3

· Islam is completed and there is no transition, shariah is complete and there can’t be any more addition.
· The door of Ijtehaad is open but stopped long time ago.
· Ijma of Scholars of Ummah is open and practiced.
Those who are talking of transition period, there is no transition. There are no differences or dispute on any of the basic principles of Shariah.
· Maqasid al Shariah – everyone is agreed on it.
· Halal and Haram everyone agrees and no issues.
· Ethics, moral values and transparency is agreed upon.
· Basic principles of contract and product is agreed
Transition is only related to work in progress for something innovative within parameters and limits of shariah. (This should go on and more expertise and competence should be develop.)
I am talking of basic principles which have been agreed by AAOIFI and IFSB and IOC Fiqah Academy. How much compliant are our institutions are? I am talking about three examples.
· Even though Shariah Board of the company has very clear opinion and this opinion that the contract is Shariah Compliant and this opinion is held by all Shariah Scholars also, do company has any right to go to the secular court and fight a case in secular court (judge do not understand Shariah, his judgment will be based on who has better lawyer and argument) because company has ill intentions not to pay.
· Is there any logic or compliance when funds invest in haram, whatever may be the case?
· Can there be Sukuk for a company engaged in Haram Activities and its majority income is Haram.
· Sukuk are assets based or assets backed, when they default why there is long litigation, basically the assets should be sold to pay the investors.( there are big litigations and fights because really we do want a product which can be sold as Islamic in market but we do not want to adhere to the principle and spirit of Shariah.)
· Shariah Compliance inside the institution and its practices and its supervision of activities. How many of IFI are following these standards.
· Derivatives and structured products – There is no scope that industry can act in this matter, industry do not any right to come out re packaged product. There is no place of self-regulation (regulating or enacting or making new law) or self-governance (self-regulation). Only Shariah Scholar based on Ijma of Scholars of Ummah can come to some kind of solution for this. There is no place for industry overtones or self-proclaimed product agreed by Industry. (Even if all Ummah agrees on Haram, it cannot be allowed and will always remain Haram.)
· Industry must have enough presentation for those who understands and follows Shariah so that these people can keep watch on complete life cycle (product life cycle) of IFI products and services.
· Just Shariah Board an outsider is not enough to say company is Shariah Compliant and its Product and services is Shariah Compliant.
· There must be enough Muttaqueen (pious, who fear Allah and Follows Shariah in all aspects of life). Unless and until this happens there is little chances the IFI can remain Islamic.

Government takes over Dubai Bank target=

Government takes over Dubai Bank target=

How much Islamic are Islamic Bank ?

I have written on the Dubai's debacle before also. Today I am going more the pracyices adopted by Islamic Bank's and financial institutions and they are not Islamic, or does not comply with basic principles of Shariah. This is very important issue.
Islamic Bank and Financial Institutions needs cleaning , from its practices and peoples who themselves does not have enough trust in their own system. I am writting with my experience and due diligence I did while acquisition process or otherwise and public information available on these companies from stock markets.

1. The myth about Islamic Funds ( offshore / private equity) - Only the contract remains Islamic and Shariah board has responsibility only. I have seen after that they are indulging in all Kinds of activities, investment in hotels which serves alcohol,financing conventional, and conventional leveraging more than value of fund itself. When I asked them these are funds and funds are Islmic and investment has nothing to do with investment they are making. There is not a single person who understands shariah and can look after the interest of the investor. Unfortunately this is the story and it is very sad.


2. The most important diffrence is moral values and transparency. _ The moral's are equally bad may be more. When I look through the balance sheet and it is equally manupulative. The industry need to understand they need people who belive and has trust in the Islamic Banking and has very high moral standards. ( Taqawa ). Shariah Scholar and Promoter must understand the diffrence, if they are coming just to make money they Dubai is waiting for such people, the debacle. The leadership of such companies should be shariah compliants.


3. The funds, investments and all value chain must remain clean andshariah compliant, otherwise there is no difference.


4. The muslims come to the Islamic Finance the most important reason is religion, they want halal income. They do not want to go to the Fire ( Jahannam ) for eating haram in this life. This is sole reason, profit is always secondary, two things investor expect from them is Good Service and Halal Profit. ( If islamic finance can not give halal return then there is no need of it.) I personally know thousands people who leave their interest in banks and give in writting to bank please do not pay us interest.


5. Juridiction - (فَلَا وَرَبِّكَ لَا يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لَا يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا ﴿4:65﴾

(4:65) But no, by your Lord, they cannot become true be-lievers until they seek your arbitration in all matters on which they disagree among themselves, and then find not the least vexation in their hearts over what you have decided, and accept it in willing submission. *95.The application of the injunction embodied in this verse is not confined to the life-time of the Prophet (peace be on him). It will remain in force until the Day of Judgement. The guidance the Prophet (peace be on him) proclaimed on God's behalf, and the manner in which he followed God's direction and inspiration, will for ever remain the universal touchstone for Muslims. In fact, recognition of that guidance as the final authority is the criterion of true belief. This principle was pronounced by the Prophet (peace be on him) in the following words: 'None of you can become a believer until his desires become subservient to what I have brought (i.e. my teachings).' (Cited by al-Nawawi in al-Arba'in, see the tradition no. 41, transmitted on their authority of Abu al-Qasim Isma'il b. Muhammad al-Isfahani, Kitab al-Hujjah with the opinion that it is a 'good' and 'sound' tradition, with a sound chain of transmission - Ed.)

Those who do not want to follow Islamic Principles they go and fight cases in secular courts even if their own Shariah Baoard is advising them otherwise. Such companies has ill intensions in their heart and they do not want to pay their investors.

1. The practices of Islamic Banking - Tawwaruk and Murabah must comply Shariah. They are allowed but in practice how much shariah compliant they are. Secondly Wkalah contract is ISlamic, but what happens after that must be Islamic. The practices and procedures must comply Shariah.


2. New Products - Islamic Finance do not need to compete with conventional product. Virtual products has no place in Ilamic Finace - Any kind of derivatives or derivatives based product are not needed. The scholras and industry who are trying to develop such thing must restrain themselves and sought guidance from Allah ( Istekhara). What Islamic Finance needed is people who believe and trust and work with Guidance from Allah. Allah will ( Insha Allah) will guide them to right product development and best practices.


3. The product must satisfy following requirement.

o Maqasid al Shariaho

Conditions of contract

Islamic Economic SystemIslamic economics is based on the Shariah. The basic objectives are to ensure general human well-being and socio-economic justice.

THE DISTINCTION BETWEEN CONVENTIONAL AND ISLAMIC THEORIES

The Role of Moral Values

While conventional economics generally considers the behavior, tastes and preferences of individuals as given, Islamic economics does not do so. It places great emphasis on individual and social reforms through moral uplift.

The Importance of the Hereafter

The Hereafter is a concept which is completely ignored by conventional economics, but it is one which is greatly emphasized by Islam. Because of their innate goodness, human beings do not always try to serve their self-interest.

MAQASID E SHARIAH- the Objectives of Shari'ah

Maqasid al-Shari'ah that is, the objectives of Shari'ah can be defined as below:· Maqasid al-Shari'ah comprises those benefits/welfare/advantages for which Allah has revealed His Shari'ah.· Maqasid al-Shari'ah aims at the attainment of good, welfare, advantage, benefits, etcetera, and warding off evil, injury, loss, etcetera, for the creatures. (All this in Arabic terminology can be stated as Masalih al-'Ibad.)

Islamic Commercial Law -Legality of Cause, Object and Consideration

Let us All of us introspect and ask for guidance and success is for those who chose right path. ( Sirat e Mustkim).

وَقُلْ جَاءَ الْحَقُّ وَزَهَقَ الْبَاطِلُ إِنَّ الْبَاطِلَ كَانَ زَهُوقًا ﴿17:81﴾

17:81) And declare, "The Truth has come and falsehood has vanished: for falsehood is a thing that must by its nature vanish."

At the time of this declaration, the persecution of the Muslims was at its height. A large number of them had emigrated to Habash, and those who had remained behind were suffering from untold hardships at Makkah and its suburbs: so much so that the life of the Holy Prophet himself was always in danger. Therefore, to all appearances, falsehood was prevailing everywhere and there was no sign to show that the truth would ever overpower falsehood. That is why the disbelievers took it for a boastful talk and scoffed at it when this declaration was trade. But this prophecy of victory did come out true in less than a decade when the Holy Prophet entered the same city of Makkah as a conqueror, and entered the Ka'abah where he made the same declaration while he was breaking the three hundred and sixty idols. According to a Tradition of Bukhari, related by Hadrat 'Abdullah bin Mas`ud, "On the day of the conquest of Makkah the Holy Prophet went on striking idols and uttering these words: `The Truth has come and falsehood has vanished; for falsehood is a thing that must by its nature vanish. The Truth has come and falsehood will never reappear nor return' . "