This blog is dedicated to ideas for Ethical Transparent Value Based Sustainable and Peaceful tomorrow.
Friday, May 20, 2011
At IMF, Men on Prowl and Women on Guard - CNBC
This is the standard of world bodies. Those who can not governed themseves just can not preach it. Preaching starts with self. There is no place and no need of corrupt leaders.
Why should Europe get this job at all?
The criteria should be the best suited person should take the job. Bankrupt Europe should think more rationally, there is better leaders should be given chance not corrupt leaders.
Thursday, May 19, 2011
Islamic Bank the challenges
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.
Tuesday, May 17, 2011
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.
- 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.
- 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.
- The funds, investments and all value chain must remain clean andshariah compliant, otherwise there is no difference.
- 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.
- 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.
- 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.
- 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.
- 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' . "
Monday, May 16, 2011
EU-US Economies - Will Another Lehman-Style Crisis Be Prevented? - CNBC
No it is not possible. The crisis can not be prevented. When we look at present situation not much has been changed and the causes of the previous collapse are still existant in the market.
- Too Big to Fail -- The companies which were affected and needs rresue have become bigger, the systematic risk of collapse of the system has not removed or reduced, over the years it has increased.
- Off Balance Sheet Transaction - Derivatives and swaps are there and no body really knows how much each of them owe. How much risk or swaps or derivates they have played. Derivatives are sttill off balancesheet and not goverened by the Financial Authorities.
- Toxic assets are still there on the balance sheet sitting and looking pretty beutiful. No one knows how much toxic each of them has and what is its worth.
- Credit Rating Agencies are same, methods are same and methodology is the same. They are still beyond control and again started playing the dirty game.
- Auditors are same - they have not changed their behaviour and practices. They are not controlled and supervised.
- Housing is going down, mortges are under water and bond for them are in market. Game is still on.
Unless and untill the reasons behind the crisis are corrected, another crisis can not be avoided.
The only difference is that, Mr. Ben Bernanke has new printing press and this one is priting Dollars and Printting as much he want. No one in world is sure what is worth of this Dollar.
Sunday, May 15, 2011
IMF chief held for alleged sexual attack - Americas - Al Jazeera English
These are the ethics and moral standards of heads of global institutions. These institutions preach the ethics and morals to everybody, " Nations and Individuals." The peoples who are corrupt in their personal life, how can they serve the humanity. The most important criteria for the leadership is its Moral Standards.
The best has the first right to lead and defination of the best is, "Quran :- (49:13) Human beings, We( Allah) created you all from a male and a female, and made you into nations and tribes so that you may know one another. Verily the noblest of you in the sight of Allah is the most God-fearing of you. Surely Allah is All-Knowing, All-Aware"
The qualities of leadership is as below,
Islamic perspective of Holistic Leadership
• Leadership in Islam
§ Definition - Process of moving and guiding people in a planned direction in which is truly in their long term best interest. Leadership is about making a change for the better
§ Objective - Provide for happiness (al falah) in this world and hereafter (dual worldview)
§ Mechanism - Obedience to the Shariah. Act in accordance with the injunctions of Allah and His Prophet
• Guiding Principles
§ Trust (Amanah)
§ Responsibility (Taklif)
§ Accountability (Mas’uliyyah)
• The Prophet Muhammad, (PBUH) is the greatest leader of all time
• Prophet’s Leadership Qualities:
§ Guiding others through modeling
§ Talent and technical specific skills
§ Initiative and drive
§ Charismatic inspiration
§ Preoccupation with role
§ Clear sense of purpose
§ Results oriented
§ Cooperation work with others
§ Encourage and nurture others below
§ Optimistic
Islamic perspective of holistic leadership
10 Essential Personal Qualities of Muslim Leaders
• Fasahah - Eloquence. Communication skills are necessary for any leadership role
"I have been given the authority over you, and I am not the best of you. If I do well, help me; and if I do wrong, set me right. Sincere regard for truth is loyalty and disregard for truth is treachery. The weak amongst you shall be strong with me until I have secured his rights, if God will; and the strong amongst you shall be weak with me until I have wrested from him the rights of others, if God will. Obey me so long as I obey God and His Messenger (Muhammad, pbuh). But if I disobey God and His Messenger, ye owe me no obedience. Arise for your prayer, God have mercy upon you.“
Abu Bakar when he was appointed as khalif
• Adl – Justice
O you who believe! Stand out firmly for Allah, as witness to fair dealings and let not hatred of others to you make you swerve to wrong and depart from justice. Be just that is next to piety (Quran 5:8)
• Shura - Mutual consultation or decision making. What kind of counselors do we need?
Extract of Letter written by Khalifah Ali bin Abi Talib addressed to Malik Bin Al Haris on his appointment as Governor of Egypt (655 C.E.)
“The worst of counselor is he who has served as counselor to unjust rulers and shared their crimes. So never let men who have been companions of tyrants or shared their crimes be your counselors. You can get better men than these, men gifted with intelligence and foresight, but unpolluted by sin, men who have never aided a tyrant in his tyranny or criminal in his crime. Such men will never be a burden to you. On the other hand, they will be source of help and strength to you at all times”.
• Taqwa - Fear of Allah
It is only the evil one that suggests to you the fear of his allies; be you no afraid of them, but fear Me, if you have faith! (Quran 3:175)
• Yaqin - conviction.
The leadership of Abu Bakar in handling the Romans, those who refused to pay zakat and the false prophet musailamah. Umar thought that it would not be a good idea to fight those people just because they fail to pay zakat. Abu Bakar replied “Revelation finished and religion was completed. Would it decrease while I am alive? When Umar say the strong conviction and firmness of Abu Bakar he immediately changed his position.
• Ma’refah - Knowledge
[and] God will exalt by [many] degrees those of you who have attained to faith and, [above all,] such as have been vouchsafed [true] knowledge: for God is fully aware of all that you do.(al-mujadalah: 11)
• Sabr - Patience
Be sure We shall test you with something of fear and hunger, some loss in goods or lives or the fruits (of your toil), but give glad tidings to those who patiently preserve. Who say when afflicted with calamity “To Allah we belong and to him is our return” (Quran 2: 155-156)
Or do you think that you shall enter the Garden (of Bliss) without such (trials) as came to those who passed away before you? They encountered sufferings and adversity, and were so shaken in spirit that even the Messenger and those of faith who were with him cried: “When (will come) the help of Allah” Ah the help of Allah is (always) near!
• Leen - Leniency
It was by the mercy of Allah that you were lenient with them (O Muhammad), for if you had been stern and fierce of heart they would have dispersed from round you. So pardon them and upon the conduct of affairs. And when you are resolved, then put your trust in Allah. Lo! Allah loves those who put their trust (in Him). Quran 3: 159
• Tadhhiyah - Self-Sacrifice
God has purchased of the believers their persons and their goods: for their (in return) is the garden (of paradise): They fight in His cause and slay and are slain, a promise binding on Him in Truth, through the Law, the Gospel and the Quran: and who is more faithful to his covenant than God? They rejoice in the bargain which we have concluded: That is the achievement supreme. Quran 9:111
Attitude and sacrifice of the prophet and him companions: Invocation of the prophet just before the battle of Badr “O God, here is Quraysh with all her tribe seeking to belie your Prophet. O God, give us the assistance which you promised. O God, if this little army perishes, when will you be worshipped again?”
The above invocation of the prophet indicates that even at the perilous moment before battle, the prophet’s mind is centered upon completion of his mission so that Islam prevails on this earth.
The prophet is never concerned for himself and had indeed sacrificed everything for the sake of Allah and His religion - Islam.
Statement by an Italian scholar, Leone P Di Teonao Caetani, writing in the late 17th century about the companions of the Prophet:
• These men were the true moral heirs of the prophet, the future apostles of Islam, the faithful trustee of all that Muhammad had revealed unto the men of God
• Into these men, through their constant contact with the Prophet and their devotion to him, there had already entered a new mode of thought and feeling, loftier and more civilized than any they had known before: they had really changed for the better from every point of view, and later on as statesmen and generals, in the most difficult moments of war of conquest they gave magnificent and undeniable proof that the ideas and the doctrines
• Muhammad had been seed cast on fruitful soil, and had produced a body of men of the very highest worth