Case for Standardization of Fatāwá : Products Approval and Sharī'ah Certification Processes in Islāmic Finance
Journal of Islamic Business and Management
Editorial-JIBM- Vol 04; No. 02 Abstract Islamic finance, while progressing impressively in terms ... more Editorial-JIBM- Vol 04; No. 02 Abstract Islamic finance, while progressing impressively in terms of figures, competitiveness with the conventional finance in financial engineering, and hence profitability, is losing in terms of integrity as a value-based system beneficial for the human society. Regulators and institutions are increasingly strengthening the move to converge and compete with the conventional system and institutions in profit taking on liquidity on the basis of fatāwa issued purely on the basis of legal ruses. Islamic finance has to be pro-active for real businesses sticking to its divinely advised principles rather than being subservient to the conventional finance. Moving ahead on this direction, common values can be agreed with reference to the Golden Rule, important characteristics of which are simplicity, impartiality, consistency, reciprocity and fairness; and this is what Islam or Islamic finance wishes to implement and achieve. This state of affairs calls for standardizing the bases and procedures of fatāwa issuance, product approval and Sharī‘ah certification by the jurists / Sharī‘ah scholars associated with the IFIs. The editorial cautions the policy makers, Sharī‘ah scholars and the practitioners that such changes in the Sharī‘ah bases merely on legal grounds may lead to juristic subversion in the areas of Islamic commercial law. It suggests that there have to be some universal and integrative bases and principles to be agreed upon to serve as the procedural foundation of fatāwa issuance and collective decision making. Only then Islamic finance system could evolve on sustainable basis to effectively serve the human being at large. Keywords: Islamic finance; Fatāwá, Sharī‘ah certification, Products approval process; Golden Rule. KAUJIE Classification: A6, B2, C2, I11, J42, L2, L22, L23, L24, L33, K1, K12, K13, K14, N0 JEL Classification: G2, G39, K12, N20
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Papers by Muhammad Ayub
empirical evidence exists to evaluate in light of the distinctive aspirations. This study
fills the gap in the literature by evaluating the performance of IFSI in light of Islamic finance objectives—financial stability, equitable distribution of wealth and social responsibility; Shari’ah principles, and professional practices. Our investigation documents
the achievements based on real accounting data from 23 countries, and the suitability
of tools in practice to achieve the stated objectives by promotors of IFSI. Findings
suggest that the objectives of IFSI have been achieved to an extent. However, visible
contribution to the achievement of socio-economic justice is yet to emerge. Practical
application of tools shows divergence (in spirit) from the original design, primarily to
achieve integration and coherence with the prevailing conventional financial system.
IFSI needs collaborative efforts to overcome the challenges at hand.
KEYWORDS
economic systems, equitable wealth distribution, financial stability, Islamic finance, socioeconomics
objective to do justice to all economic agents in an economy. But, the Islamic Banks and Financial Institutions (IBFIs) have been working on the conventional paradigm by replicating the interest based products. Justifying the contracts on the basis of legal form, without ensuring the underlying real spirit of the transactions [economic substance], amounts to abusing the Shar¯ ı‘ah principles (Dusuki & Abdullah, 2007, Hanif, 2016). Waqf is a civil societal institution and a crucial part of
the ‘virtuous sector’ of Islamic economy. It involves voluntary charity of perpetual tendency for benefit of mainly the poor. This editorial explores the areas that might be helpful in revitalisation of the institution of waqf by involving banks and other financial institutions for sustainable socio economic development of society and the economy. Based on the available literature, it suggests that establishing and running awq¯af at macro and micro levels has to be a common feature of the Muslim
society, while banks may facilitate in establishing and running such awq¯af . This way, IBFIs could make visible contribution through innovation and entrepreneurship. The editorial may help the IBFIs and the regulators, as also the researchers, to restructure the banking and non-banking financial institutions for benefiting from the potential of waqf for welfare of the poor and vulnerable sections of the societies
at broader levels.
Keywords: Islamic finance, Working capital, Running Musharaka, Pakistan.
KAUJIE Classification: K3, L2, N6, O4, Q65, T0
JEL Classification: D63, G21, G3
The objective of this editorial is to analyse the performance and discuss the opportunities, potential and the challenges, keeping in view the developments in global finance during past 10-15 years namely influx of derivatives followed by the meltdown of innovative finance and the lessons to be learnt. Referring to the 2012’s Nobel Prize winner Alvin Roth, it tends to ascertain that people can make a stable market based on mutually-beneficial swaps rather than cash to satisfy a specific need. It suggests an international protocol to solve the problems facing global as also national economies and finance by adoption of the Law that money can earn return only by way of taking business risk and adding value for the parties concerned. It requires, in addition to regulatory controls, the different policy approaches, new structures of finance as a business, new models, procedures and fresh thought to relate banking and finance with the real economy. Ethical and responsible finance is the need of the global economy and finance and the IFIs have to serve as the role model for transition to such finance.
Keywords: Financialisation, Islamic finance, Ethical protocol, Global finance, Money creation, Ulama as successors of the Prophets.