Because I for one am heartily fed up of them.
When we were fortunate enough to review the AAOIFI standards that govern Islamic Finance in the world with Mufti Taqi Usmani a few years back, it was clear to everyone that the sukuk issue was the real weak point in the entire field, despite the fact that it was Mufti Taqi himself who helped create the current model.
It is little surprise to see all the news coming out from AAOIFI as reported below:
Islamic bonds hit by scholar
By Sebastian Abbot
January 14, 2008
MANAMA, Bahrain (AP) — The booming market for financial products that comply with Islamic law was thrown for a loop recently by criticism from a leading scholar, who has set off a debate about whether the industry has sacrificed religious principles for the sake of growth at a time of surging Middle East oil revenue.
Shariah, or Islamic law, prohibits charging or paying interest, so bankers and lawyers have developed a rapidly growing financial market by restructuring conventional products like bonds to make them compliant with Islam. Shariah-compliant products attempt to replicate the concept of interest through cost-plus transactions, leasing arrangements or by linking payments to returns on underlying assets. The process is normally blessed by a board of religious scholars affiliated with a bank.
However, one of the world’s leading Shariah-finance scholars recently rattled the market by saying 85 percent of Islamic bonds, or sukuk, are not Shariah-compliant. Sheik Mohammed Taqi Usmani argued that, in essence, they were structured too much like conventional bonds.
Many industry participants say Shariah scholars knew the bonds had structural issues but approved them to jump-start market growth, raising questions about how the gatekeepers of the Islamic banking industry weigh potential profit versus religious principles.
Others downplay the controversy, saying debate was expected, given the rapid evolution of the market and the nature of Islamic law, which encourages multiple viewpoints from different scholars.
The influential Shariah board headed by Mr. Usmani at the Bahrain-based Accounting and Auditing Organization for Islamic Financial Institutions, one of the leading groups trying to establish standards for the market, is scheduled to meet tomorrow with the hope of resolving the dispute and mitigating its effects on the industry.
Some say the race to expand the market has led to questionable religious rulings — a problem that is hard to police because of the lack of standardization across Shariah approval boards and the shortage of Islamic scholars well-versed in finance.
“Increasing the market in volume or numbers with false product that is against Islam is not a big success. It should be according to Shariah, that is the main thing,” said Sheik Saleh Abdullah Kamel, chairman of the Bahrain-based General Council for Islamic Banks and Financial Institutions, one of several organizations attempting to monitor the industry.
Islamic banking assets outside Iran totaled $400 billion to $450 billion in 2006 and are projected to rise to $1 trillion by 2010, according to a report by McKinsey & Co. Total assets, including those in Iran, totaled $750 billion in 2006, a small fraction of global financial assets, but one that is growing quickly.
Authorities say growth has been driven by booming Persian Gulf oil revenue, Muslims’ growing preference for an expanding range of Shariah-compliant products and increasing acceptance of Islamic banking practices by financial regulators around the world.
The development of the sukuk market has been particularly important because there was a scarcity of Islamic products that could provide mid- to long-term investment and potentially be traded in the secondary market.
Sukuk issuance has grown almost 85 percent each year since 2001, with the total value of Islamic bonds issued last year reaching $39 billion as of October, according to McKinsey.
“There has been this perception in the past that Islamic finance doesn’t lend itself to overly complicated structures, but sukuk rebuts that view,” said Nadim Khan, a Dubai-based lawyer who specializes in Islamic banking.
“It’s a real demonstration from the perspective of the Islamic financing industry that it is possible to structure widely acceptable, quite sophisticated Shariah compliance structures,” he added.
January 16, 2008 at 11:01 am
Assalaamu Alaykum,
The problem is fundamental – almost all ‘Islamic’ banking products in the UK are non-shariah compliant, and are in realty a form of Heelah (loophole-ing… I don’t know how else to translate this?) of that shariah.
Unfortunalty, Muslims have been told over and over agian that something – anything – ‘Islamic’ that is not 100% halal is better than nothing, and is a step in the right direction, and once momentum is gained, more banking services, which are 100% halal will become available.
the blatant flaw in this thinking is that if there is momentum, then there is no reason to change anything! the banks have customers, so why change the product? this is basic business thinking…
The out come of all of this is that we have loads of ‘Islamic’ banking products which are not really halal, and very little chance of changing this in the near future.
we should have stuck to our principles, and not approved any banking products unless they were really shariah compliant… but, alas, how many mufti saabs are employed by banks now, to give the rubber stamps!
Waslaamu Alaykum,
Abu Adam
January 16, 2008 at 11:47 am
Can’t say that I am really sick of them, the problem is the ppl creating them are not really educated on all the shariah intricacies involved, that the documentation for them is in English and there is a dearth of ppl who can understand the shariah issues involved and English contract law, bar Malaysians who are more liberal with their sukuks in the first place.
Interestingly I saw one sukuk tracker fund, and one of their conditions for accepting Sukuk’s into their fund was that is was approved by at least one ‘Middle-Eastern’ i.e. not Malaysian, scholar.
I saw one research paper on Sukuks detailing some of the conditions on ownership and liability that a lot of the current sukuks are failing to meet – so work is being done on it.
It again comes down to the model being used for Islamic Finance being very early in its development, with a shariah board approving/rejecting transactions and those who are doing the deals and bringing them together choosing the shariah board and viewing them as a compliance hurdle for the deal, a marketing gimmick – opposed to an intrinsic part of what makes the product.
You still see very basic ‘Islamic’ products being produced because ppl do not understand all the restrictions in place or conditions – and with ppl like Mufti Usmani leading drives to cleanse and improve the products – things will get better inshallah.
Essentially – producing practitioners who understand the intricacies is taking time, and the drive to make profit here and now will always lead to issuers to cut corners – so institute building and AAOIFI guidelines will all be essential to improve the situation.
I understand that there was one agency who are grading products on how ’shariah’ compliant they are – in terms of how many ppl would approve them, which conditions they meet, etc. Dallah al-Barakah chairman pushing for standardisation of contracts and a global shariah qualifying body for shariah complaint products will also help with standardisation.
Sukuk are really filling a needed space, of stable low risk returns which appear to have the same financial characteristics as bonds (they are not identical – some academic did some research on how I think it was their prices varies according to risk and found it was different to conventional fixed income products.)
Otherwise, we are going to be stuck with commodity Murabahah which is essentially piggy backing of the conventional interest rate to get your return. Some place are already building rolling finance facilities around commodity Murabahaha based products, and Mahmud el-Gamal has quite a few choice things to say about shariah arbitrage.
I don’t think the real solution is to throw the baby out with the bath water – but ppl need to engage with the sukuk issuers and improve the sukuks to produce something which most ppl are happy with and adds real value – otherwise we will end up with Muslim countires carrying on using conventional bonds or ‘Islamic’ bonds which everyone just rejected, but nobody was prepared to work to improve till they were acceptable.
W’Allah Alim
January 21, 2008 at 11:45 am
The Dispute over Islamic Bonds
By Lahim lNasser
http://aawsat.com/english/news.asp?section=6&id=11404
Islamic Bond Market in Religious Debate
http://biz.yahoo.com/ap/080111/mideast_islamic_bonds.html?.v=1
(has more details than what is above)