Malaysia is playing an iconic
role in Islamic banking, having been a pioneer in the beginning and a
frontrunner in the global arena at present. Malaysia has come a long way since
the first Islamic bank was established in the country in 1983. There are now
five wholesome Islamic banks, local and foreign, and eleven Islamic subsidiary
banks owned by conventional banks, local and foreign.
As is well known, Islamic banking
operations are driven by the shari’ah which defines the nature and character
of the deposits mobilised and financing provided. Islam prohibits interest (riba)
and permits trade (tijara). Accordingly, profits in Islamic banking
operations are derived from the contract of trade (al-bai’), unlike the
conventional banks’ profits which are derived largely from interest-bearing
loans. In Islam, it is business risk taking, and not financial risk taking,
that forms the basis for profits. The al-bai’ principle is manifested by an exchange
of money with an underlying asset, whereas a contract of interest-bearing loan
entails an exchange of money for more money.
What legitimises profit in Islam
is risk taking (ghorm), effort (kasb) and responsibility (daman).
Theshari’ah objective (maqasid
al-shari’ah) plays a critical role in determining the legality of Islamic transactions,
as it inisists that all transactions must have positive impacts on general
welfare. Seen in this context, there is much more to Islamic banking than the
prohibition of riba. Other
prohibitions include ambiguity (gharar), gambling (maisir), and
bribery (rishwa). All transactions must be transparent based on mutual
consent with offer and acceptance (ijab and qabul) being free from duress (ikroh).
Put in a nutshell, real sector
connectivity and risk sharing distinguish Islamic banking from conventional
banking. In Islamic banking, all financial transactions must relate to the real
economy with no space for ‘financialisation’ or financing for the sake of
financing. In the Islamic paradigm, the financial sector is inextricably linked
to the real sector of the economy, which means that the financial sector would
not exist on its own. In other words, in the Islamic order, the financial
sector primarily functions as the facilitator for the real sector.
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