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Murabaha

Murabaḥah, murabaḥa, or murâbaḥah (Arabic: مرابحة, derived from ribh Arabic: ربح, meaning profit) was originally a term of fiqh (Islamic jurisprudence) for a sales contract where the buyer and seller agree on the markup (profit) or "cost-plus" price[1] for the item(s) being sold.[2] In recent decades it has become a term for a very common form of Islamic (i.e., "shariah compliant") financing, where the price is marked up in exchange for allowing the buyer to pay over time—for example with monthly payments (a contract with deferred payment being known as bai-muajjal). Murabaha financing is similar to a rent-to-own arrangement in the non-Muslim world, with the intermediary (e.g., the lending bank) retaining ownership of the item being sold until the loan is paid in full.[3] There are also Islamic investment funds and sukuk (Islamic bonds) that use murabahah contracts.[4]

The purpose of murabaha is to finance a purchase without involving interest payments, which most Muslims (particularly most scholars) consider riba (usury) and thus haram (forbidden).[5] Murabaha has come to be "the most prevalent"[5] or "default" type of Islamic finance.[6]

A proper murâbaḥah transaction differs from conventional interest-charging loans in several ways. The buyer/borrower pays the seller/lender at an agreed-upon higher price; instead of interest charges, the seller/lender makes a religiously permissible "profit on the sale of goods".[5][7] The seller/financer must take actual possession of the good before selling it to the customer, and must assume "any liability from delivering defective goods".[8] Sources differ as to whether the seller is permitted to charge extra when payments are late,[9] with some authors stating any late fees ought to be donated to charity,[10][11][12] or not collected unless the buyer has "deliberately refused" to make a payment.[8] For the rate of markup, murabaha contracts "may openly use" riba interest rates such as LIBOR "as a benchmark", a practice approved of by the scholar Taqi Usmani.[13][Note 1]

Conservative scholars promoting Islamic finance consider murabaha to be a "transitory step" towards a "true profit-and-loss-sharing mode of financing",[16] and a "weak"[17] or "permissible but undesirable"[18] form of finance to be used where profit-and-loss-sharing is "not practicable."[16][19] Critics/skeptics complain/note that in practice most "murabaḥah" transactions are merely cash-flows between banks, brokers, and borrowers, with no buying or selling of commodities;[20] that the profit or markup is based on the prevailing interest rate used in haram lending by the non-Muslim world;[21] that "the financial outlook" of Islamic murabaha financing and conventional debt/loan financing is "the same",[22] as is most everything else besides the terminology used.[23]

Religious justification edit

While orthodox Islamic scholars have expressed a lack of enthusiasm for murabaha transactions,[24] calling them "no more than a second best solution" (Council of Islamic Ideology)[24] or a "borderline transaction" (Islamic scholar Taqi Usmani),[25] nonetheless they are defended as Islamically permitted.

According to Taqi Usmani, the reference to permitted "trade" or "trafficking" in Quran aya 2:275:[26]

"... they say, 'Trafficking (trade) is like usury,' [but] God has permitted trafficking, and forbidden usury .."

refers to credit sales such as murabaha, the "forbidden usury" refers to charging extra for late payment (late fees), and the "they" refers to non-Muslims who didn't understand why if one was allowed both were not:[27]

the objection of the infidels ... was that when they increase the price at the initial stage of sale, it has not been held as prohibited but when the purchaser fails to pay on the due date, and they claim an additional amount for giving him more time, it is termed as "riba" and haram. The Holy Qur'an answered this objection by saying: "Allah has allowed sale and forbidden riba."[28]

Usmani states that while it may appear to some people that allowing a buyer more time to pay for some product/commodity (deferred payment) in exchange for their paying a higher price is effectively the same as paying interest on a loan,[29] this is incorrect. In fact, just as a buyer may pay more for a product/commodity when the seller has a cleaner shop or more courteous staff, so too the buyer may pay more when given more time to complete payment for that product or commodity.[29] When this happens, the extra they pay is not riba but just "an ancillary factor to determining the price". In such a case, according to Usmani, the "price is against a commodity and not against money" — and so permitted in Islam.[30] When a credit transaction is made without the purchase of a specific commodity or product, (i.e. a loan is made charging interest), the added charge for deferred payment is for "nothing but time", and so is forbidden riba.[30] However according to another Islamic finance promoter—Faleel Jamaldeen -- "murabaha payments represent debt" and because of that are not "negotiable or tradable" as Islamic finance instruments, making them (according to Jamaldeen) unpopular among investors.[31]

Hadith also supports use of credit-sales transactions such as murabaḥa. Another scholar, M.O.Farooq, states "it is well-known and supported by many hadiths that the Prophet had entered into credit-purchase transactions (nasi'ah) and also that he paid more than the original amount" in his repayment.[32][Note 2][Note 3]

Usmani states that "this position" is accepted "unanimously" by the "four [ Sunni ] schools" of Islamic law and "the majority" of the Muslim jurists.[25] Murabahah and related fixed financing has been approved by a number of government reports in the Islamic Republic of Pakistan on how to eliminate Interest. [Note 4]

Late payment

Usmani presents a theory of why sellers are allowed to charge for providing credit to the lender/buyer, but are guilty of riba when charging for late payment. In a true (non-riba) murâbaḥah transaction (Usmani states) "the whole price ... is against a commodity and not against money" and so "... once the price is fixed, it relates to the commodity, and not to the time". Consequently "the price will remain the same and can never be increased by the seller." If the price had "been against time", (which is forbidden) "it might have been increased, if the seller allows ... more time" for repayment when the bill is past due.[34]

(Usmani and other Islamic finance scholars[8][35] agree that not being able to penalize a lender/buyer for late payment has led to late payments in murâbaḥah and other Islamic finance transactions. Usmani states that a "problem" of murabahah financing is that "if the client defaults in payment of the price at the due date, the price cannot be increased".[36] According to one source (Mushtak Parker), Islamic financial institutions "have long tried to grapple with the issue of delayed payments or defaults, but thus far there is no universal consensus across jurisdictions in this respect."[35])

Islamic finance, use, variations edit

Limits of use in fiqh

In its 1980 Report on the Elimination of Interest from the Economy,[37] the Council of Islamic Ideology of Pakistan stated that murabahah should

  • be undertaken only when the borrower wants to borrow to purchase a some item
  • must involve
    • the item being purchased by the bank;[38]
    • coming under the ownership and possession of the bank;[38]
    • which must assume the risk for that item;[38]
  • the item then being sold to the customer through a valid sale;[38]
  • be used to the "minimum extent" and
  • only in cases where profit and loss sharing is not practicable.[38]

Murâbaḥah is one of three types of bayu-al-amanah (fiduciary sale), requiring an "honest declaration of cost". (The other two types are tawliyah—sale at cost—and wadiah—sale at specified loss.)

According to Taqi Usmani "in exceptional cases" an Islamic bank or financial institution may lend cash to the customer for a murâbaḥah, but this is when the customer is acting as an agent of the bank in buying the good the customer needs financed.

[W]here direct purchase from the supplier is not practicable for some reason, it is also allowed that he makes the customer himself his agent to buy the commodity on his behalf. In this case the client first purchases the commodity on behalf of his financier and takes its possession as such. Thereafter, he purchases the commodity from the financier for a deferred price.[39]

The idea that the seller may not use murâbaḥah if profit-sharing modes of financing such as mudarabah or musharakah are practicable, is supported by other scholars that those in the Council of Islamic Ideology.[16][19]

Limits of use in practice

But these involve risks of loss, profit-sharing modes of financing cannot guarantee banks income. Murabahah, with its fixed margin, offers the seller (i.e. the bank/financier) a more predictable income stream. One estimate is that 80% of Islamic lending is by murabahah.[40] M. Kabir Hassan reports that murabaha accounts are quite profitable. As of 2005, "the average cost efficiency" for murabaha was "74%, whereas average profit efficiency" even higher at 84%. Hassan states, "although Islamic banks are less efficient in containing cost, they are generally efficient in generating profit."[41]

Islamic banker and author Harris Irfan writes that use of murabaha "has become so distorted from its original intent that it has become the single most common method of funding inter-bank liquidity and corporate loans in the Islamic finance industry."[42] A number of economists have noted the dominance of murabahah in Islamic finance, despite its theological inferiority to profit and loss sharing.[43][44][45] One scholar has coined the term "the murabaha syndrome" to describe this.[46]

The accounting treatment of murâbaḥah, and its disclosure and presentation in financial statements, vary from bank to bank. If the exact cost of the item(s) cannot be or are not ascertained, they are sold on the basis of musawamah (bargaining).[5] Different banks use this instrument in varying ratios. Typically, banks use murabaha in asset financing, property, microfinance and commodity import-export.[47] The International Monetary Fund reports that, Murâbaḥah transactions are "widely used to finance international trade, as well as for interbank financing and liquidity management through a multistep transaction known as tawarruq, often using commodities traded on the London Metal Exchange" (LME).[8]

The basic murabaha transaction is a cost-plus-profit purchase where the item the bank purchases is something the customer wants but does not have cash at the time to buy directly.[48] However, there are other murabaha transactions where the customer wants/needs cash and the product/commodity the bank buys is a means to an end. (Thus violating the requirement spelled out by Usmani and others.)

Variations edit

In addition to being used by Islamic banks, murabahah contracts have been used by Islamic investment funds (such as SHUAA Capital of Saudi Arabia and Al Bilad Investment Company),[4] and sukuk (also called Islamic bonds)(an example being a 2005 sukuk issued by Arcapita Bank sukuk in 2005).[4]

Bay' bithaman 'ajil edit

(Also called Bai' muajjal[49] abbreviated BBA, and known as credit sale or deferred payment sale). Reportedly the most popular mode of Islamic financing is cost-plus murabaha in a credit sale setting (Bay bithaman 'ajil) with "an added binding promise on the customer to purchase the property, thus replicating secured lending in `Shari'a compliant` manner." The concept was developed by Sami Humud, and shortly after it became popular Islamic Banking began its strong growth in the late 1970s.[50]

Another source (Skrine law firm) distinguishes between Murabahah and Bay' bithaman 'ajil (BBA) banking products, saying that in BBA disclosure of the cost price of the item being financed is not a condition of the contract.[51]

One variation on murabahah (known as "Murabahah to the Purchase Orderer" according to Muhammad Tayyab Raza) allows the customer to serve as the "agent" of the bank, so that the customer buys the product using the bank's borrowed funds.[39] The customer then repays the bank similar to a cash loan. While this is not "preferable" from a Sharia point of view, it avoids extra cost and the problem of a financial institution lacking the expertise to identify the exact or best product or the ability to negotiate a good price.[52]

Bay' al-Ina edit

(Also Bay' al-'Inah). This simple form of murabahah involves the Islamic bank buying some object from the customer (such as their house or motor vehicle) for cash, then selling the object back to the customer at a higher price, with payment to be deferred over time. The customer now has cash and will be paying the bank back a larger sum of money over time. This resemblance to a conventional loan has led to bay' al-ina being criticized as a ruse for a cash loan repaid with interest.[53] It was used by a number of modern Islamic financial institutions despite condemnation by jurists, but in recent years its use is "very much limited" according to Harris Irfan.[54]

Bay' al-Tawarruq edit

 
Both a Reverse Murabaha (aka Tawarruq) and conventional loan provide a customer with cash in return for deterred repayment, but while a conventional loan is simpler and involves fewer fees, a tawarruq does not violate sharia law (according to some jurists).

Tawarruq (also called a "reverse murabaha"[14] and sometimes a "commodity murabaha")[55] also allows the banking customer to borrow cash instead of finance a purchase,[56] and has also been criticized by some jurists.[57] Unlike a bay al-ina it involves another party in addition to the customer, Islamic bank and seller of the commodity. In Tawarruq the customer would buy some amount of a commodity (a commodity which is not a "medium of exchange" or forbidden in riba al-fadl such as gold, silver, wheat, barley, salt, etc.)[14] from the bank to be paid in installments over a period of time and sell that commodity on the spot market (the commodity buyer being the additional party) for cash.[54][58][59] (The commodity buying and selling is usually done by the bank on behalf of the customer,[14] so that "all that changes hands is papers being signed and then handed back" according to one researcher).[56] An example would be buying $10,000 worth of copper on credit for $12,000 to be paid over two years, and immediately selling that copper to the third party spot buyer for $10,000 in cash. There are additional fees involved for the commodity purchases and sales compared to a cash loan, but the additional $2000 is considered "profit" not "interest" and so not haram according to proponents.

According to Islamic banker Harris Irfan, this complication has "not persuaded the majority of scholars that this series of transactions is valid in the Sharia."[60][Note 5] Because the buying and selling of the commodities in Tawarruq served no functional purpose, banks/financers are strongly tempted to forgo it. Islamic scholars have noticed that while there have been "billions of dollars of commodity-based tawarruq transactions" there have not been a matching value of commodity being traded.[62] The IMF states that "tawarruq has become controversial among Shari’ah scholars because of its divergence of its use from the spirit of Islamic finance".[8] But some prominent scholars have tolerated commodity murabaha "for the growth of the [Islamic finance] industry".[6] Irfan states that (at least as of 2015) Sharia boards of some banks (such as Abu Dhabi Islamic Bank), have taken a stand against Tawarruq and were "looking at 'purer' forms of funding" (such as mudarabah).[63] To "counter the obvious violation of the spirit of the riba ban", some banks have required the complication (and expense) of two additional commodity brokers in addition to the customer and financier.[56][64]

On the other hand, Faleel Jamaldeen states that "commodity murabaha" contracts[55] are used to fund short-term liquidity requirements for Islamic interbank transactions,[55][65] although they may not use gold, silver, barley, salt, wheat or dates for commodities[66] as this is forbidden under Riba al-Fadl. Among the Islamic banks using Tawarruq (as of 2012) according to Jamaldeen, include the United Arab Bank, QNB Al Islamic, Standard Chartered of United Arab Emirates, and Bank Muaamalat of Malaysia.[14]

Legal status edit

United States edit

In the United States the Office of the Comptroller of the Currency—which regulates nationally licensed banks—has allowed murabaha:

Interpretive Letter #867. November 1999 ... In the current financial marketplace lending takes many forms . ... murabaha financing proposals are functionally equivalent to or a logical outgrowth of secured real estate lending and inventory and equipment financing, activities that are part of the business of banking.[67][68]

Challenges and criticism edit

Orthodox Islamic Scholars such as Taqi Usmani emphasize that murâbaḥah should only be used as a structure of last resort where profit and loss sharing instruments are unavailable.[25] Usmani himself describes murâbaḥah as a "borderline transaction" with "very fine lines of distinction" compared to an interest bearing loan, as "susceptible to misuse", and "not an ideal way of financing".[25] He laments that

Many institutions financing by way of murabahah determine their profit or mark-up on the basis of the current interest rate, mostly using LIBOR (Inter-bank offered rate in London) as the criterion.[21]

Another pioneer, Mohammad Najatuallah Siddiqui, has lamented that "as a result of diverting most of its funds towards murabaha, Islamic financial institutions may be failing in their expected role of mobilizing resources for development of the countries and communities they are serving,"[69] and even bringing about "a crisis of identity of the Islamic financial movement."[70][Note 6]

Some Muslims (Rakaan Kayali among others) complain that murabaha does not eliminate interest as it guarantees for itself the amount of profit it collects,[23] and so amounts to a Ḥiyal or legal "trick" to defeat the intent of shariah.[54] Khalid Zaheer considers it an example of how two classical shariah-compliant contracts (Murabahah and Bai Muajjal) can be combined to form a contract that is not compliant.[74]

Non-orthodox critics of murâbaḥah, have found the distinction of setting a price "against a commodity" as opposed to "against money" — with the first being allow and the second forbidden because "money has no intrinsic utility" — abstract or suspicious.[75] According to El-Gamal it has been called "merely inefficient lending".[61][Note 7] However criticism of the transaction has been primarily levied against its application. Critics complain that in most real world murâbaḥah transactions the commodities never change hands (the commodity never appears on the bank's balance sheet)[6] and sometimes there are no commodities at all, merely cash-flows between banks, brokers and borrowers. Often the commodity is completely irrelevant to the borrower's business and not even enough of the relevant commodities are in existence in the world to account for all the transactions taking place.[20] Frank Vogel and Samuel Hayes also note multi-billion-dollar murabaha transactions in London "popular for many years", where "many doubt the banks truly assume possession, even constructively, of inventory". [Note 8]

Islamic banker Irfan bemoans the fact that "not only is the murabaha money market insufficiently well developed and illiquid, but the very sharia compliance of it has come to be questioned", often by Islamic scholars not known for their strictness.[63]

Nejatullah Siddiqi warned the Islamic banking community that the alleged difference between modes of finance based on murabahah, bay' salam and conventional loans was even less than it appeared:

Some of these modes of finance are said to contain some elements of risk, but all these risks are insurable and are actually insured against. The uncertainty or risk to which the business being so financed is exposed is fully passed over to the other party. A financial system built solely around these modes of financing can hardly claim superiority over an interest-based system on grounds of equity, efficiency, stability and growth.[79]

Circa 1999 the Pakistan Federal Shariat Court ruled that the "mark-up system ... in vogue" among banks in Pakistan was against the Islamic injunctions.[28] Usmani noted (much like the complaints above) that the Pakistani banks failed to follow proper murabaha requirements—not actually buying a commodity or buying one "already owned by the customer".[80]

Late payment

While in conventional finance late payments/delinquent loans are discouraged by accumulating interest, in Islamic finance control and management of late accounts has become a "vexing problems", according to Muhammad Akran Khan.[81] Others agree it is a problem.[35][36][Note 9] According to Ibrahim Warde,

Islamic banks face a serious problem with late payments, not to speak of outright defaults, since some people take advantage of every dilatory legal and religious device ... In most Islamic countries, various forms of penalties and late fees have been established, only to be outlawed or considered unenforceable. Late fees in particular have been assimilated to riba. As a result, 'debtors know that they can pay Islamic banks last since doing so involves no cost'[81][83]

Warde also complains that

"Many businessmen who had borrowed large amounts of money over long periods of time seized the opportunity of Islamicization to do away with accumulated interest of their debt, by repaying only the principal -- usually a puny sum when years of double-digit inflation were taken into consideration.[81][83]

Some suggestions to solve the problem include having the government or the central bank penalizing defaultors "by depriving them" of the use of "any financial institution" until they paid up (Taqi Usmani in Introduction to Islamic Finance) -- although this would require a completely Islamized society.[36] Collecting late fees but donating them to charity,[10][11][12] Collecting late fees only when the buyer "has deliberately refused to make a payment".[Note 10]

Extra costs

Because murabaha financing is “asset-based” financing (and must be to avoid riba according to orthodox Islamic thinking), it requires financiers to purchase and sell properties. But regulatory frameworks in most countries forbid financial intermediaries such as banks "from owning or trading real properties" (according to scholar Mahmud El-Gamal).[84] Furthermore when the financier holds title to the property being sold it can be lost "if the financier is sued, loses, and declares bankruptcy", and this can happen when a customer has paid off most /almost all of the product/property’s price. To avoid these dangers SPVs (Special Purpose Vehicles) are created to hold title to the property and also "serve as parties to various agreements regarding obligations for repairs and insurance" as required by Islamic jurists. However, the SPVs entail extra costs usually not borne in conventional finance.[84]

Example of Murâbaḥah

An example of a murabaha contract is: Adam approaches a Murabaha Bank in order to finance the purchase of a $10,000 automobile from “Cash-Only-Automobiles”. The bank agrees to purchase the automobile from “Cash-Only-Automobiles” for $10,000 and then sell it to Adam for $12,000 which is to be paid by Adam in equal installments over the next two years.

While the cost to Adam is approximately that of a 10% per year loan, the Murabaha Bank using this transaction maintain it is different because the amount that Adam owes is fixed and does not increase if he is delinquent on payments. Therefore, the finance is a sale for profit and not riba.

Another argument that murahaba is shariah compliant is that it is made up of two transactions, both halal (permissible):

Buying a car for $10,000 and selling it for $12,000 is allowed by Islam.
Making a purchase on a deferred payment basis is also allowed by Islam.

However, not mentioned here is the fact that the same car that is being sold for $12,000 on a deferred payment basis is being sold for $10,000 on a cash basis. So basically Adam has two options:

  1. “Cash-Only-Automobiles” will sell him the car for $10,000 but are not willing to wait to receive the full price.
  2. The Murabaha Bank will sell him the car for $12,000 and is willing to wait two years to receive the full price.

Adam’s choice to purchase from the Murabaha Bank reflects his desire to not pay the full price of the car today. In other words, he prefers to pay part of the price today and be indebted with the rest.

The Murabaha Bank agrees to be owed by Adam the price of his car in return for the amount that it is owed being $2,000 more than the price of the car today.

Did the bank charge Adam a predetermined return for the use of its money [interest]? Yes. The bank charged $2,000 in return for Adam’s use of its $10,000 to buy a car.

The fact that no penalties are assessed if Adam is delinquent on his payments simply means that the amount of interest in the murabaha contract is fixed at $2,000.[23] This amounts to a Ḥiyal or legal "trick" to defeat the intent of shariah.[54]

See also edit

References edit

Notes edit

  1. ^ Faleel Jamaldeen insists that using LIBOR as a benchmark "doesn't mean that Islamic banks were charging an interest rate; they simply got guidance" from that rate of interest. Furthermore in late 2011 an Islamic Interbank Rate (IIBR) was developed and should "alleviated this source of controversy".[14] (see also "Thomson Reuters' "Islamic Interbank Benchmark Rate" -- IIBR. Is it really an important Step Forward for Islamic Finance Authenticity?")[15]
  2. ^ Sahih al-Bukhari, Vol. 3, #282, Narrated [A'ishah: “The Prophet purchased food grains from a Jew on credit and mortgaged his iron armur to him”. (ishtara ta[aman min yahudi ila ajalin wa rahnahu dir[an min hadid; in al-Bukhari, Vol. 3, #309 the hadith is narrated with nasi’ah, instead of ajal)
  3. ^ Sahih al-Bukhari, Vol. 3, #579, Narrated Jabir bin [Abdullah: “I went to the Prophet while he was in the Mosque. (Mis[ar thinks that Jabir went in the forenoon.) After the Prophet told me to pray two rak[ah, he repaid me the debt he owed me and gave me an extra amount”.
  4. ^
    • "The first comprehensive report in this respect was submitted by the Council of Islamic Ideology in 1980.
    • "The second report was that of the Commission for Islamization of Economy, constituted under the Shariat Act. This Commission has submitted its comprehensive report to the government in 1991.
    • "Lastly, the same Commission was reconstituted under the Chairmanship of Raja Zafarul Haq which submitted its final report in August 1997."[33]
  5. ^ "...jurists of most schools have forbidden this transaction [tawarruq], which takes the form of multiple valid sales but does not serve the desired substance of Islamic law."[61]
  6. ^ M.O. Farooq,[71] quoting M. Iqbal and P. Molyneux[72] quoting M.N. Siddiqi[73]
  7. ^ Dr. Yusuf Al-Qaradawi, who described himself as one of the early supporters of Islamic banking, recently criticized many developments in the industry quite harshly. He was particularly critical of tawarruq, which is a natural extension of traditional murabaha financing; cf.[76]
  8. ^ "A number of scholars have recently cast doubts upon the acceptability of one of the most widely used forms of Islamic finance: the type of Murabaha trade financing practiced in London. These investors and well-known multinationals seeking lowest-cost working capital loans. Although these multi-billion-dollar contracts have been popular for many years, many doubt the banks truly assume possession, even constructively, of inventory, a key condition of a religiously acceptable murabaha. Without possession, these arrangements are condemned as nothing more than short-term conventional loans with a predetermined interest rate incorporated in the price at which the borrower repurchases the inventory. These 'synthetic' murabaha transactions are unacceptable to the devout Muslim, and accordingly there is now a movement away from murabaha investments of all types. Al-Rajhi Bank, al-Baraka, and the Government of Sudan are among the institutions that have vowed to phase out murabaha deals. This development creates difficulty: as Islamic banking now operates, murabaha trade financing is an indispensable tool."[77][78]
  9. ^ The Islamic Bankers Resource Centre also states that "for the longest time, Islamic Banks have been abused by delinquent customers due to the low penalties for late payments".[82]
  10. ^ Mumtaz Hussain, Asghar Shahmoradi, Rima Turk, writing for the IMF.[8]

Citations edit

  1. ^ Irfan, Harris (2015). Heaven's Bankers. Overlook Press. p. 135.
  2. ^ Usmani, Taqi (1998). An Introduction to Islamic Finance. Creative Commons Attribution-No Derivative Works 3.0. p. 65. Retrieved 4 August 2015.
  3. ^ "Murabaha". Investopedia. Retrieved 3 August 2015.
  4. ^ a b c Jamaldeen, Islamic Finance For Dummies, 2012:188-9, 220-1
  5. ^ a b c d Islamic Finance: Instruments and Markets. Bloomsbury Publishing. 2010. p. 131. ISBN 9781849300391. Retrieved 4 August 2015.
  6. ^ a b c Irfan, Harris (2015). Heaven's Bankers. Overlook Press. p. 139.
  7. ^ "A Simple Introduction to Islamic Mortgages". 14 May 2015.
  8. ^ a b c d e f Hussain, Mumtaz; Shahmoradi, Asghar; Turk, Rima (June 2015). IMF Working paper, An Overview of Islamic Finance (PDF). p. 8. Retrieved 9 July 2016.
  9. ^ "Late Payment Charges for Islamic Financial Institutions". Islamic Bankers : Resource Centre. 11 June 2014. Retrieved 9 July 2016.
  10. ^ a b Visser, Hans, ed. (January 2009). "4.4 Islamic Contract Law". Islamic Finance: Principles and Practice. Edward Elgar. p. 77. ISBN 9781848449473. Retrieved 9 July 2016. The prevalent position, however, seems to be that creditors may impose penalties for late payments, which have to be donated, whether by the creditor or directly by the client, to a charity, but a flat fee to be paid to the creditor as a recompense for the cost of collection is also acceptable to many fuqaha.
  11. ^ a b Kettell, Brian (2011). The Islamic Banking and Finance Workbook: Step-by-Step Exercises to help you ... Wiley. p. 38. ISBN 9781119990628. Retrieved 9 July 2016. The bank can only impose penalties for late payment by agreeing to `purify` them by donating them to charity.
  12. ^ a b "FAQs and Ask a Question. Is it permissible for an Islamic bank to impose penalty for late payment?". al-Yusr. Retrieved 9 July 2016.
  13. ^ Visser, Hans (2013). Islamic Finance: Principles and Practice (Second ed.). Elgar Publishing. p. 66. ISBN 9781781001745. Retrieved 7 December 2016.
  14. ^ a b c d e Jamaldeen, Islamic Finance For Dummies, 2012:156
  15. ^ "Thomson Reuters' "Islamic Interbank Benchmark Rate" -- IIBR. Is it really an important Step Forward for Islamic Finance Authenticity?". Islamicmarkets.com. Retrieved 15 April 2018.
  16. ^ a b c Irfan, Harris (2015). Heaven's Bankers. Overlook Press. p. 136.
  17. ^ Siddiqui, M.N. (2002). Dialogue in Islamic Economics. Islamabad: Institute of Policy Studies. p. 175.
  18. ^ Farooq, Riba-Interest Equation and Islam, 2005: p.35-6
  19. ^ a b Usmani, Taqi (1998). An Introduction to Islamic Finance. Creative Commons Attribution-No Derivative Works 3.0. p. 107. Retrieved 4 August 2015. Therefore, it [Murabahah] should neither be taken as an ideal Islamic mode of financing, nor a universal instrument for all sorts of financing. It should be taken as a transitory step towards the ideal Islamic system of financing based on musharakah or mudarabah.
  20. ^ a b "Misused murabaha hurts industry". Arabian Business. 1 February 2008.
  21. ^ a b Usmani, Taqi (1998). An Introduction to Islamic Finance. Creative Commons Attribution-No Derivative Works 3.0. p. 81. Retrieved 4 August 2015.
  22. ^ Murabaha Financing VS Lending on Interest| Qazi Irfan |July 22, 2008 | Social Science Research Network
  23. ^ a b c Kayali, Rakaan (11 March 2015). "Murabaha: Halal or Haram?". Practical Islamic Finance.
  24. ^ a b "Is charging more on credit sales (Murabaha) permissible?". Khalid Zaheer. Retrieved 31 August 2016.
  25. ^ a b c d Usmani, Historic Judgment on Interest, 1999: para 227
  26. ^ "Surah Al-Baqarah [2:275]". Surah Al-Baqarah [2:275]. Retrieved 11 April 2018.
  27. ^ Usmani, Historic Judgment on Interest, 1999: paras 50, 51, 219
  28. ^ a b Usmani, Historic Judgment on Interest, 1999: para 219
  29. ^ a b Usmani, Historic Judgment on Interest, 1999: para 223
  30. ^ a b Usmani, Historic Judgment on Interest, 1999: para 225
  31. ^ Jamaldeen, Islamic Finance For Dummies, 2012:220
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Books, documents edit

  • Farooq, Mohammad Omar. "The Riba-Interest Equation and Islam: Re-examination of the Traditional Arguments (November 2005, September 2009)" (PDF). Global Journal of Finance and Economics. 6 (2): 99–111. Retrieved 16 September 2016.
  • Irfan, Harris (2015). Heaven's Bankers: Inside the Hidden World of Islamic Finance. Overlook Press.
  • Jamaldeen, Faleel (2012). Islamic Finance For Dummies. John Wiley & Sons. ISBN 9781118233900. Retrieved 15 March 2017.
  • el-Gamal, Mahmoud A. (2006). (PDF). New York, NY: Cambridge. ISBN 9780521864145. Archived from the original (PDF) on 3 April 2018. Retrieved 4 March 2017.
  • Khan, Feisal (22 December 2015). Islamic Banking in Pakistan: Shariah-Compliant Finance and the Quest to Make Pakistan More Islamic. Routledge. ISBN 9781317366539. Retrieved 9 February 2017.
  • Khan, Muhammad Akram (2013). What Is Wrong with Islamic Economics?: Analysing the Present State and Future Agenda. Edward Elgar Publishing. ISBN 9781782544159. Retrieved 26 March 2015.
  • Turk, Rima A. (27–30 April 2014). (PDF). Kuwait: Regional Workshop on Islamic Banking. International Monetary Fund. Archived from the original (PDF) on 17 May 2017. Retrieved 17 August 2017.
  • Usmani, Taqi (1998). (PDF). Kazakhstan. Archived from the original (PDF) on 7 August 2015.{{cite book}}: CS1 maint: location missing publisher (link)
  • Usmani, Muhammad Taqi (December 1999). The Historic Judgment on Interest Delivered in the Supreme Court of Pakistan (PDF). Karachi, Pakistan: albalagh.net.

External links edit

  • World Database for Islamic Banking and Finance

murabaha, confused, with, murabba, murabaḥah, murabaḥa, murâbaḥah, arabic, مرابحة, derived, from, ribh, arabic, ربح, meaning, profit, originally, term, fiqh, islamic, jurisprudence, sales, contract, where, buyer, seller, agree, markup, profit, cost, plus, pric. Not to be confused with Murabba Murabaḥah murabaḥa or murabaḥah Arabic مرابحة derived from ribh Arabic ربح meaning profit was originally a term of fiqh Islamic jurisprudence for a sales contract where the buyer and seller agree on the markup profit or cost plus price 1 for the item s being sold 2 In recent decades it has become a term for a very common form of Islamic i e shariah compliant financing where the price is marked up in exchange for allowing the buyer to pay over time for example with monthly payments a contract with deferred payment being known as bai muajjal Murabaha financing is similar to a rent to own arrangement in the non Muslim world with the intermediary e g the lending bank retaining ownership of the item being sold until the loan is paid in full 3 There are also Islamic investment funds and sukuk Islamic bonds that use murabahah contracts 4 The purpose of murabaha is to finance a purchase without involving interest payments which most Muslims particularly most scholars consider riba usury and thus haram forbidden 5 Murabaha has come to be the most prevalent 5 or default type of Islamic finance 6 A proper murabaḥah transaction differs from conventional interest charging loans in several ways The buyer borrower pays the seller lender at an agreed upon higher price instead of interest charges the seller lender makes a religiously permissible profit on the sale of goods 5 7 The seller financer must take actual possession of the good before selling it to the customer and must assume any liability from delivering defective goods 8 Sources differ as to whether the seller is permitted to charge extra when payments are late 9 with some authors stating any late fees ought to be donated to charity 10 11 12 or not collected unless the buyer has deliberately refused to make a payment 8 For the rate of markup murabaha contracts may openly use riba interest rates such as LIBOR as a benchmark a practice approved of by the scholar Taqi Usmani 13 Note 1 Conservative scholars promoting Islamic finance consider murabaha to be a transitory step towards a true profit and loss sharing mode of financing 16 and a weak 17 or permissible but undesirable 18 form of finance to be used where profit and loss sharing is not practicable 16 19 Critics skeptics complain note that in practice most murabaḥah transactions are merely cash flows between banks brokers and borrowers with no buying or selling of commodities 20 that the profit or markup is based on the prevailing interest rate used in haram lending by the non Muslim world 21 that the financial outlook of Islamic murabaha financing and conventional debt loan financing is the same 22 as is most everything else besides the terminology used 23 Contents 1 Religious justification 2 Islamic finance use variations 2 1 Variations 2 1 1 Bay bithaman ajil 2 1 2 Bay al Ina 2 1 3 Bay al Tawarruq 2 2 Legal status 2 2 1 United States 3 Challenges and criticism 4 See also 5 References 5 1 Notes 5 2 Citations 5 3 Books documents 6 External linksReligious justification editWhile orthodox Islamic scholars have expressed a lack of enthusiasm for murabaha transactions 24 calling them no more than a second best solution Council of Islamic Ideology 24 or a borderline transaction Islamic scholar Taqi Usmani 25 nonetheless they are defended as Islamically permitted According to Taqi Usmani the reference to permitted trade or trafficking in Quran aya 2 275 26 they say Trafficking trade is like usury but God has permitted trafficking and forbidden usury refers to credit sales such as murabaha the forbidden usury refers to charging extra for late payment late fees and the they refers to non Muslims who didn t understand why if one was allowed both were not 27 the objection of the infidels was that when they increase the price at the initial stage of sale it has not been held as prohibited but when the purchaser fails to pay on the due date and they claim an additional amount for giving him more time it is termed as riba and haram The Holy Qur an answered this objection by saying Allah has allowed sale and forbidden riba 28 Usmani states that while it may appear to some people that allowing a buyer more time to pay for some product commodity deferred payment in exchange for their paying a higher price is effectively the same as paying interest on a loan 29 this is incorrect In fact just as a buyer may pay more for a product commodity when the seller has a cleaner shop or more courteous staff so too the buyer may pay more when given more time to complete payment for that product or commodity 29 When this happens the extra they pay is not riba but just an ancillary factor to determining the price In such a case according to Usmani the price is against a commodity and not against money and so permitted in Islam 30 When a credit transaction is made without the purchase of a specific commodity or product i e a loan is made charging interest the added charge for deferred payment is for nothing but time and so is forbidden riba 30 However according to another Islamic finance promoter Faleel Jamaldeen murabaha payments represent debt and because of that are not negotiable or tradable as Islamic finance instruments making them according to Jamaldeen unpopular among investors 31 Hadith also supports use of credit sales transactions such as murabaḥa Another scholar M O Farooq states it is well known and supported by many hadiths that the Prophet had entered into credit purchase transactions nasi ah and also that he paid more than the original amount in his repayment 32 Note 2 Note 3 Usmani states that this position is accepted unanimously by the four Sunni schools of Islamic law and the majority of the Muslim jurists 25 Murabahah and related fixed financing has been approved by a number of government reports in the Islamic Republic of Pakistan on how to eliminate Interest Note 4 Late paymentUsmani presents a theory of why sellers are allowed to charge for providing credit to the lender buyer but are guilty of riba when charging for late payment In a true non riba murabaḥah transaction Usmani states the whole price is against a commodity and not against money and so once the price is fixed it relates to the commodity and not to the time Consequently the price will remain the same and can never be increased by the seller If the price had been against time which is forbidden it might have been increased if the seller allows more time for repayment when the bill is past due 34 Usmani and other Islamic finance scholars 8 35 agree that not being able to penalize a lender buyer for late payment has led to late payments in murabaḥah and other Islamic finance transactions Usmani states that a problem of murabahah financing is that if the client defaults in payment of the price at the due date the price cannot be increased 36 According to one source Mushtak Parker Islamic financial institutions have long tried to grapple with the issue of delayed payments or defaults but thus far there is no universal consensus across jurisdictions in this respect 35 Islamic finance use variations editLimits of use in fiqhIn its 1980 Report on the Elimination of Interest from the Economy 37 the Council of Islamic Ideology of Pakistan stated that murabahah should be undertaken only when the borrower wants to borrow to purchase a some item must involve the item being purchased by the bank 38 coming under the ownership and possession of the bank 38 which must assume the risk for that item 38 the item then being sold to the customer through a valid sale 38 be used to the minimum extent and only in cases where profit and loss sharing is not practicable 38 Murabaḥah is one of three types of bayu al amanah fiduciary sale requiring an honest declaration of cost The other two types are tawliyah sale at cost and wadiah sale at specified loss According to Taqi Usmani in exceptional cases an Islamic bank or financial institution may lend cash to the customer for a murabaḥah but this is when the customer is acting as an agent of the bank in buying the good the customer needs financed W here direct purchase from the supplier is not practicable for some reason it is also allowed that he makes the customer himself his agent to buy the commodity on his behalf In this case the client first purchases the commodity on behalf of his financier and takes its possession as such Thereafter he purchases the commodity from the financier for a deferred price 39 The idea that the seller may not use murabaḥah if profit sharing modes of financing such as mudarabah or musharakah are practicable is supported by other scholars that those in the Council of Islamic Ideology 16 19 Limits of use in practiceBut these involve risks of loss profit sharing modes of financing cannot guarantee banks income Murabahah with its fixed margin offers the seller i e the bank financier a more predictable income stream One estimate is that 80 of Islamic lending is by murabahah 40 M Kabir Hassan reports that murabaha accounts are quite profitable As of 2005 the average cost efficiency for murabaha was 74 whereas average profit efficiency even higher at 84 Hassan states although Islamic banks are less efficient in containing cost they are generally efficient in generating profit 41 Islamic banker and author Harris Irfan writes that use of murabaha has become so distorted from its original intent that it has become the single most common method of funding inter bank liquidity and corporate loans in the Islamic finance industry 42 A number of economists have noted the dominance of murabahah in Islamic finance despite its theological inferiority to profit and loss sharing 43 44 45 One scholar has coined the term the murabaha syndrome to describe this 46 The accounting treatment of murabaḥah and its disclosure and presentation in financial statements vary from bank to bank If the exact cost of the item s cannot be or are not ascertained they are sold on the basis of musawamah bargaining 5 Different banks use this instrument in varying ratios Typically banks use murabaha in asset financing property microfinance and commodity import export 47 The International Monetary Fund reports that Murabaḥah transactions are widely used to finance international trade as well as for interbank financing and liquidity management through a multistep transaction known as tawarruq often using commodities traded on the London Metal Exchange LME 8 The basic murabaha transaction is a cost plus profit purchase where the item the bank purchases is something the customer wants but does not have cash at the time to buy directly 48 However there are other murabaha transactions where the customer wants needs cash and the product commodity the bank buys is a means to an end Thus violating the requirement spelled out by Usmani and others Variations edit In addition to being used by Islamic banks murabahah contracts have been used by Islamic investment funds such as SHUAA Capital of Saudi Arabia and Al Bilad Investment Company 4 and sukuk also called Islamic bonds an example being a 2005 sukuk issued by Arcapita Bank sukuk in 2005 4 Bay bithaman ajil edit Also called Bai muajjal 49 abbreviated BBA and known as credit sale or deferred payment sale Reportedly the most popular mode of Islamic financing is cost plus murabaha in a credit sale setting Bay bithaman ajil with an added binding promise on the customer to purchase the property thus replicating secured lending in Shari a compliant manner The concept was developed by Sami Humud and shortly after it became popular Islamic Banking began its strong growth in the late 1970s 50 Another source Skrine law firm distinguishes between Murabahah and Bay bithaman ajil BBA banking products saying that in BBA disclosure of the cost price of the item being financed is not a condition of the contract 51 One variation on murabahah known as Murabahah to the Purchase Orderer according to Muhammad Tayyab Raza allows the customer to serve as the agent of the bank so that the customer buys the product using the bank s borrowed funds 39 The customer then repays the bank similar to a cash loan While this is not preferable from a Sharia point of view it avoids extra cost and the problem of a financial institution lacking the expertise to identify the exact or best product or the ability to negotiate a good price 52 Bay al Ina edit Also Bay al Inah This simple form of murabahah involves the Islamic bank buying some object from the customer such as their house or motor vehicle for cash then selling the object back to the customer at a higher price with payment to be deferred over time The customer now has cash and will be paying the bank back a larger sum of money over time This resemblance to a conventional loan has led to bay al ina being criticized as a ruse for a cash loan repaid with interest 53 It was used by a number of modern Islamic financial institutions despite condemnation by jurists but in recent years its use is very much limited according to Harris Irfan 54 Bay al Tawarruq edit nbsp Both a Reverse Murabaha aka Tawarruq and conventional loan provide a customer with cash in return for deterred repayment but while a conventional loan is simpler and involves fewer fees a tawarruq does not violate sharia law according to some jurists Tawarruq also called a reverse murabaha 14 and sometimes a commodity murabaha 55 also allows the banking customer to borrow cash instead of finance a purchase 56 and has also been criticized by some jurists 57 Unlike a bay al ina it involves another party in addition to the customer Islamic bank and seller of the commodity In Tawarruq the customer would buy some amount of a commodity a commodity which is not a medium of exchange or forbidden in riba al fadl such as gold silver wheat barley salt etc 14 from the bank to be paid in installments over a period of time and sell that commodity on the spot market the commodity buyer being the additional party for cash 54 58 59 The commodity buying and selling is usually done by the bank on behalf of the customer 14 so that all that changes hands is papers being signed and then handed back according to one researcher 56 An example would be buying 10 000 worth of copper on credit for 12 000 to be paid over two years and immediately selling that copper to the third party spot buyer for 10 000 in cash There are additional fees involved for the commodity purchases and sales compared to a cash loan but the additional 2000 is considered profit not interest and so not haram according to proponents According to Islamic banker Harris Irfan this complication has not persuaded the majority of scholars that this series of transactions is valid in the Sharia 60 Note 5 Because the buying and selling of the commodities in Tawarruq served no functional purpose banks financers are strongly tempted to forgo it Islamic scholars have noticed that while there have been billions of dollars of commodity based tawarruq transactions there have not been a matching value of commodity being traded 62 The IMF states that tawarruq has become controversial among Shari ah scholars because of its divergence of its use from the spirit of Islamic finance 8 But some prominent scholars have tolerated commodity murabaha for the growth of the Islamic finance industry 6 Irfan states that at least as of 2015 Sharia boards of some banks such as Abu Dhabi Islamic Bank have taken a stand against Tawarruq and were looking at purer forms of funding such as mudarabah 63 To counter the obvious violation of the spirit of the riba ban some banks have required the complication and expense of two additional commodity brokers in addition to the customer and financier 56 64 On the other hand Faleel Jamaldeen states that commodity murabaha contracts 55 are used to fund short term liquidity requirements for Islamic interbank transactions 55 65 although they may not use gold silver barley salt wheat or dates for commodities 66 as this is forbidden under Riba al Fadl Among the Islamic banks using Tawarruq as of 2012 according to Jamaldeen include the United Arab Bank QNB Al Islamic Standard Chartered of United Arab Emirates and Bank Muaamalat of Malaysia 14 Legal status edit United States editIn the United States the Office of the Comptroller of the Currency which regulates nationally licensed banks has allowed murabaha Interpretive Letter 867 November 1999 In the current financial marketplace lending takes many forms murabaha financing proposals are functionally equivalent to or a logical outgrowth of secured real estate lending and inventory and equipment financing activities that are part of the business of banking 67 68 Challenges and criticism editOrthodox Islamic Scholars such as Taqi Usmani emphasize that murabaḥah should only be used as a structure of last resort where profit and loss sharing instruments are unavailable 25 Usmani himself describes murabaḥah as a borderline transaction with very fine lines of distinction compared to an interest bearing loan as susceptible to misuse and not an ideal way of financing 25 He laments thatMany institutions financing by way of murabahah determine their profit or mark up on the basis of the current interest rate mostly using LIBOR Inter bank offered rate in London as the criterion 21 Another pioneer Mohammad Najatuallah Siddiqui has lamented that as a result of diverting most of its funds towards murabaha Islamic financial institutions may be failing in their expected role of mobilizing resources for development of the countries and communities they are serving 69 and even bringing about a crisis of identity of the Islamic financial movement 70 Note 6 Some Muslims Rakaan Kayali among others complain that murabaha does not eliminate interest as it guarantees for itself the amount of profit it collects 23 and so amounts to a Ḥiyal or legal trick to defeat the intent of shariah 54 Khalid Zaheer considers it an example of how two classical shariah compliant contracts Murabahah and Bai Muajjal can be combined to form a contract that is not compliant 74 Non orthodox critics of murabaḥah have found the distinction of setting a price against a commodity as opposed to against money with the first being allow and the second forbidden because money has no intrinsic utility abstract or suspicious 75 According to El Gamal it has been called merely inefficient lending 61 Note 7 However criticism of the transaction has been primarily levied against its application Critics complain that in most real world murabaḥah transactions the commodities never change hands the commodity never appears on the bank s balance sheet 6 and sometimes there are no commodities at all merely cash flows between banks brokers and borrowers Often the commodity is completely irrelevant to the borrower s business and not even enough of the relevant commodities are in existence in the world to account for all the transactions taking place 20 Frank Vogel and Samuel Hayes also note multi billion dollar murabaha transactions in London popular for many years where many doubt the banks truly assume possession even constructively of inventory Note 8 Islamic banker Irfan bemoans the fact that not only is the murabaha money market insufficiently well developed and illiquid but the very sharia compliance of it has come to be questioned often by Islamic scholars not known for their strictness 63 Nejatullah Siddiqi warned the Islamic banking community that the alleged difference between modes of finance based on murabahah bay salam and conventional loans was even less than it appeared Some of these modes of finance are said to contain some elements of risk but all these risks are insurable and are actually insured against The uncertainty or risk to which the business being so financed is exposed is fully passed over to the other party A financial system built solely around these modes of financing can hardly claim superiority over an interest based system on grounds of equity efficiency stability and growth 79 Circa 1999 the Pakistan Federal Shariat Court ruled that the mark up system in vogue among banks in Pakistan was against the Islamic injunctions 28 Usmani noted much like the complaints above that the Pakistani banks failed to follow proper murabaha requirements not actually buying a commodity or buying one already owned by the customer 80 Late paymentWhile in conventional finance late payments delinquent loans are discouraged by accumulating interest in Islamic finance control and management of late accounts has become a vexing problems according to Muhammad Akran Khan 81 Others agree it is a problem 35 36 Note 9 According to Ibrahim Warde Islamic banks face a serious problem with late payments not to speak of outright defaults since some people take advantage of every dilatory legal and religious device In most Islamic countries various forms of penalties and late fees have been established only to be outlawed or considered unenforceable Late fees in particular have been assimilated to riba As a result debtors know that they can pay Islamic banks last since doing so involves no cost 81 83 Warde also complains that Many businessmen who had borrowed large amounts of money over long periods of time seized the opportunity of Islamicization to do away with accumulated interest of their debt by repaying only the principal usually a puny sum when years of double digit inflation were taken into consideration 81 83 Some suggestions to solve the problem include having the government or the central bank penalizing defaultors by depriving them of the use of any financial institution until they paid up Taqi Usmani in Introduction to Islamic Finance although this would require a completely Islamized society 36 Collecting late fees but donating them to charity 10 11 12 Collecting late fees only when the buyer has deliberately refused to make a payment Note 10 Extra costsBecause murabaha financing is asset based financing and must be to avoid riba according to orthodox Islamic thinking it requires financiers to purchase and sell properties But regulatory frameworks in most countries forbid financial intermediaries such as banks from owning or trading real properties according to scholar Mahmud El Gamal 84 Furthermore when the financier holds title to the property being sold it can be lost if the financier is sued loses and declares bankruptcy and this can happen when a customer has paid off most almost all of the product property s price To avoid these dangers SPVs Special Purpose Vehicles are created to hold title to the property and also serve as parties to various agreements regarding obligations for repairs and insurance as required by Islamic jurists However the SPVs entail extra costs usually not borne in conventional finance 84 Example of MurabaḥahAn example of a murabaha contract is Adam approaches a Murabaha Bank in order to finance the purchase of a 10 000 automobile from Cash Only Automobiles The bank agrees to purchase the automobile from Cash Only Automobiles for 10 000 and then sell it to Adam for 12 000 which is to be paid by Adam in equal installments over the next two years While the cost to Adam is approximately that of a 10 per year loan the Murabaha Bank using this transaction maintain it is different because the amount that Adam owes is fixed and does not increase if he is delinquent on payments Therefore the finance is a sale for profit and not riba Another argument that murahaba is shariah compliant is that it is made up of two transactions both halal permissible Buying a car for 10 000 and selling it for 12 000 is allowed by Islam Making a purchase on a deferred payment basis is also allowed by Islam However not mentioned here is the fact that the same car that is being sold for 12 000 on a deferred payment basis is being sold for 10 000 on a cash basis So basically Adam has two options Cash Only Automobiles will sell him the car for 10 000 but are not willing to wait to receive the full price The Murabaha Bank will sell him the car for 12 000 and is willing to wait two years to receive the full price Adam s choice to purchase from the Murabaha Bank reflects his desire to not pay the full price of the car today In other words he prefers to pay part of the price today and be indebted with the rest The Murabaha Bank agrees to be owed by Adam the price of his car in return for the amount that it is owed being 2 000 more than the price of the car today Did the bank charge Adam a predetermined return for the use of its money interest Yes The bank charged 2 000 in return for Adam s use of its 10 000 to buy a car The fact that no penalties are assessed if Adam is delinquent on his payments simply means that the amount of interest in the murabaha contract is fixed at 2 000 23 This amounts to a Ḥiyal or legal trick to defeat the intent of shariah 54 See also editIslamic banking and finance Profit and loss sharing Islamic finance products services and contracts Sharia and securities trading Muamalat FINCA Afghanistan a Murabaḥah compliant microfinance institution MFI References editNotes edit Faleel Jamaldeen insists that using LIBOR as a benchmark doesn t mean that Islamic banks were charging an interest rate they simply got guidance from that rate of interest Furthermore in late 2011 an Islamic Interbank Rate IIBR was developed and should alleviated this source of controversy 14 see also Thomson Reuters Islamic Interbank Benchmark Rate IIBR Is it really an important Step Forward for Islamic Finance Authenticity 15 Sahih al Bukhari Vol 3 282 Narrated A ishah The Prophet purchased food grains from a Jew on credit and mortgaged his iron armur to him ishtara ta aman min yahudi ila ajalin wa rahnahu dir an min hadid in al Bukhari Vol 3 309 the hadith is narrated with nasi ah instead of ajal Sahih al Bukhari Vol 3 579 Narrated Jabir bin Abdullah I went to the Prophet while he was in the Mosque Mis ar thinks that Jabir went in the forenoon After the Prophet told me to pray two rak ah he repaid me the debt he owed me and gave me an extra amount The first comprehensive report in this respect was submitted by the Council of Islamic Ideology in 1980 The second report was that of the Commission for Islamization of Economy constituted under the Shariat Act This Commission has submitted its comprehensive report to the government in 1991 Lastly the same Commission was reconstituted under the Chairmanship of Raja Zafarul Haq which submitted its final report in August 1997 33 jurists of most schools have forbidden this transaction tawarruq which takes the form of multiple valid sales but does not serve the desired substance of Islamic law 61 M O Farooq 71 quoting M Iqbal and P Molyneux 72 quoting M N Siddiqi 73 Dr Yusuf Al Qaradawi who described himself as one of the early supporters of Islamic banking recently criticized many developments in the industry quite harshly He was particularly critical of tawarruq which is a natural extension of traditional murabaha financing cf 76 A number of scholars have recently cast doubts upon the acceptability of one of the most widely used forms of Islamic finance the type of Murabaha trade financing practiced in London These investors and well known multinationals seeking lowest cost working capital loans Although these multi billion dollar contracts have been popular for many years many doubt the banks truly assume possession even constructively of inventory a key condition of a religiously acceptable murabaha Without possession these arrangements are condemned as nothing more than short term conventional loans with a predetermined interest rate incorporated in the price at which the borrower repurchases the inventory These synthetic murabaha transactions are unacceptable to the devout Muslim and accordingly there is now a movement away from murabaha investments of all types Al Rajhi Bank al Baraka and the Government of Sudan are among the institutions that have vowed to phase out murabaha deals This development creates difficulty as Islamic banking now operates murabaha trade financing is an indispensable tool 77 78 The Islamic Bankers Resource Centre also states that for the longest time Islamic Banks have been abused by delinquent customers due to the low penalties for late payments 82 Mumtaz Hussain Asghar Shahmoradi Rima Turk writing for the IMF 8 Citations edit Irfan Harris 2015 Heaven s Bankers Overlook Press p 135 Usmani Taqi 1998 An Introduction to Islamic Finance Creative Commons Attribution No Derivative Works 3 0 p 65 Retrieved 4 August 2015 Murabaha Investopedia Retrieved 3 August 2015 a b c Jamaldeen Islamic Finance For Dummies 2012 188 9 220 1 a b c d Islamic Finance Instruments and Markets Bloomsbury Publishing 2010 p 131 ISBN 9781849300391 Retrieved 4 August 2015 a b c Irfan Harris 2015 Heaven s Bankers Overlook Press p 139 A Simple Introduction to Islamic Mortgages 14 May 2015 a b c d e f Hussain Mumtaz Shahmoradi Asghar Turk Rima June 2015 IMF Working paper An Overview of Islamic Finance PDF p 8 Retrieved 9 July 2016 Late Payment Charges for Islamic Financial Institutions Islamic Bankers Resource Centre 11 June 2014 Retrieved 9 July 2016 a b Visser Hans ed January 2009 4 4 Islamic Contract Law Islamic Finance Principles and Practice Edward Elgar p 77 ISBN 9781848449473 Retrieved 9 July 2016 The prevalent position however seems to be that creditors may impose penalties for late payments which have to be donated whether by the creditor or directly by the client to a charity but a flat fee to be paid to the creditor as a recompense for the cost of collection is also acceptable to many fuqaha a b Kettell Brian 2011 The Islamic Banking and Finance Workbook Step by Step Exercises to help you Wiley p 38 ISBN 9781119990628 Retrieved 9 July 2016 The bank can only impose penalties for late payment by agreeing to purify them by donating them to charity a b FAQs and Ask a Question Is it permissible for an Islamic bank to impose penalty for late payment al Yusr Retrieved 9 July 2016 Visser Hans 2013 Islamic Finance Principles and Practice Second ed Elgar Publishing p 66 ISBN 9781781001745 Retrieved 7 December 2016 a b c d e Jamaldeen Islamic Finance For Dummies 2012 156 Thomson Reuters Islamic Interbank Benchmark Rate IIBR Is it really an important Step Forward for Islamic Finance Authenticity Islamicmarkets com Retrieved 15 April 2018 a b c Irfan Harris 2015 Heaven s Bankers Overlook Press p 136 Siddiqui M N 2002 Dialogue in Islamic Economics Islamabad Institute of Policy Studies p 175 Farooq Riba Interest Equation and Islam 2005 p 35 6 a b Usmani Taqi 1998 An Introduction to Islamic Finance Creative Commons Attribution No Derivative Works 3 0 p 107 Retrieved 4 August 2015 Therefore it Murabahah should neither be taken as an ideal Islamic mode of financing nor a universal instrument for all sorts of financing It should be taken as a transitory step towards the ideal Islamic system of financing based on musharakah or mudarabah a b Misused murabaha hurts industry Arabian Business 1 February 2008 a b Usmani Taqi 1998 An Introduction to Islamic Finance Creative Commons Attribution No Derivative Works 3 0 p 81 Retrieved 4 August 2015 Murabaha Financing VS Lending on Interest Qazi Irfan July 22 2008 Social Science Research Network a b c Kayali Rakaan 11 March 2015 Murabaha Halal or Haram Practical Islamic Finance a b Is charging more on credit sales Murabaha permissible Khalid Zaheer Retrieved 31 August 2016 a b c d Usmani Historic Judgment on Interest 1999 para 227 Surah Al Baqarah 2 275 Surah Al Baqarah 2 275 Retrieved 11 April 2018 Usmani Historic Judgment on Interest 1999 paras 50 51 219 a b Usmani Historic Judgment on Interest 1999 para 219 a b Usmani Historic Judgment on Interest 1999 para 223 a b Usmani Historic Judgment on Interest 1999 para 225 Jamaldeen Islamic Finance For Dummies 2012 220 Farooq Riba Interest and Six Hadiths 2009 p 112 Usmani Historic Judgment on Interest 1999 para 228 Usmani Historic Judgment on Interest 1999 para 224 a b c PARKER MUSHTAK 5 July 2010 Payment delays and defaults Arab News Retrieved 2 December 2016 a b c Usmani Introduction to Islamic Finance 1998 p 91 Ali Muhammad Aqib The Roots amp Development of Islamic Banking in the World amp in Pakistan PDF Proceeding Kuala Lumpur International Business Economics and Law Conference 7 Vol 1 August 15 16 2015 122 ISBN 978 967 11350 6 8 Retrieved 22 September 2017 a b c d e Usmani Historic Judgment on Interest 1999 para 190 a b Usmani Introduction to Islamic Finance 1998 p 73 Haltom Renee Econ Focus Islamic Banking American Regulation Second Quarter 2014 Federal Reserve Bank of Richmond Retrieved 26 August 2015 M Kabir Hassan The Cost profit and X efficiency of Islamic Banks 12th Annual Conference of Economic Research Forum Egypt 19 21 December 2005 Irfan Harris 2015 Heaven s Bankers Inside the Hidden World of Islamic Finance Little Brown Book Group p 135 ISBN 9781472105066 Retrieved 28 October 2015 Iqbal Munawar and Philip Molyneux 2005 Thirty years of Islamic banking History performance and prospects New York Palgrave Macmillan Kuran Timur 2004 Islam and Mammon The economic predicaments of Islamism Princeton NJ Princeton University Press Lewis M K and L M al Gaud 2001 Islamic banking Cheltenham UK and Northampton MA USA Edward Elgar Yousef T M 2004 The murabaha syndrome in Islamic finance Laws institutions and policies In Politics of Islamic finance ed C M Henry and Rodney Wilson Edinburgh Edinburgh University Press Government of Pakistan Securities and Exchange Commission of Pakistan PDF Archived from the original PDF on 2 October 2006 Retrieved 10 October 2006 MAKE PURCHASES WITH COST PLUS PROFIT MURABAHA CONTRACTS dummies com Retrieved 21 September 2016 TRADE BASED FINANCING MURABAHA COST PLUS SALE PDF Retrieved 15 August 2017 El Gamal Islamic Finance 2006 p 18 Isa Azrina Mohd Islamic Finance Contracts amp Products Skrine Retrieved 16 August 2017 Raza Muhammad Tayyab Murabahah Finance Islamic Banking ABN AMRO Pakistan Limited Retrieved 21 September 2017 Glossary of Financial Terms B Institute of Islamic Banking and Insurance Archived from the original on 29 August 2015 Retrieved 21 September 2016 a b c d Irfan Harris 2015 Heaven s Bankers Inside the Hidden World of Islamic Finance Overlook Press p 137 a b c Dusuki Asyraf Wajdi c 2007 Commodity Murabahah Programme CMP An Innovative Approach to Liquidity Management Journal of Islamic Economics Banking and Finance 12 a b c Khan Islamic Banking in Pakistan 2015 p 93 Bakir Mohammad Majd 11 January 2014 Islamic Finance What is the Difference Between Bay al Tawarruq and Bay al Inah investment and finance net Retrieved 16 August 2017 What is the Difference Bay al Tawarruq and Bay al Inah Investment and Finance 11 January 2014 Retrieved 9 July 2016 Fiqh Muamalat Bay al Tawarruq scribd com Universiti Teknologi Mara Retrieved 21 September 2016 Irfan Harris 2015 Heaven s Bankers Inside the Hidden World of Islamic Finance Overlook Press p 138 a b El Gamal Islamic Finance 2006 p 63 Definition of tawarruq ft com lexicon Financial Times Archived from the original on 11 September 2015 Retrieved 9 August 2015 a b Irfan Harris 2015 Heaven s Bankers Inside the Hidden World of Islamic Finance Overlook Press p 226 Ibrahim Warde presentation Panel on Islamic Finance Bankruptcy Financial Distress and Debt Restructuring Islamic Finance Workshop Harvard Law School 26 September 2011 Retrieved 6 June 2017 Commodity Murabahah Programme iimm bnm gov my Jamaldeen Islamic Finance For Dummies 2012 155 Interpretive Letter 867 12 USC 24 7 12 USC 29 PDF occ gov Comptroller of the Currency Administrator of National Banks November 1999 El Gamal Islamic Finance 2006 p 15 SIDDIQI Mohammad Nejatullah 2004 Riba Bank Interest and The Rationale of Its Prohibition PDF Visiting Scholars Research Series Islamic Development Bank p 75 Retrieved 26 November 2017 Siddiqi Muhammad Nejatullah 1988 Ariff Mohamed ed Islamic Banking in Southeast Asia Islam and the Economic Development of Institute of Southeast Asian Studies p 56 ISBN 9789971988982 Retrieved 21 December 2017 Farooq Riba Interest Equation and Islam 2005 p 35 Munawar IQBAL and Philip Molyneux Thirty Years of Islamic Banking History Performance and Prospects Palgrave 2005 p 125 Mohammad Nejatullah SIDDIQI Issues in Islamic Banking Leicester The Islamic Foundation UK 1983 Zaheer Khalid Is Islamic Banking in fact Islamic Retrieved 21 September 2017 Usmani Historic Judgment on Interest 1999 para 224 5 Qaradawi dead link Frank VOGEL and Samuel Hayes III Islamic Law and Finance Religion Risk and Return The Hague Kluwer Law International 1998 pp 8 9 Farooq Riba Interest Equation and Islam 2005 p 19 Mohammad Nejatullah SIDDIQI Issues in Islamic Banking Leicester The Islamic Foundation UK 1983 p 52 Usmani Historic Judgment on Interest 1999 para 191 a b c Khan What Is Wrong with Islamic Economics 2013 p 207 8 Late Payment Charges for Islamic Financial Institutions Islamic Bankers Resource Centre 11 June 2014 Retrieved 2 December 2016 a b Warde Islamic finance in the global economy 2000 p 163 a b El Gamal Islamic Finance 2006 p 14 64 5 Books documents edit Farooq Mohammad Omar The Riba Interest Equation and Islam Re examination of the Traditional Arguments November 2005 September 2009 PDF Global Journal of Finance and Economics 6 2 99 111 Retrieved 16 September 2016 Irfan Harris 2015 Heaven s Bankers Inside the Hidden World of Islamic Finance Overlook Press Jamaldeen Faleel 2012 Islamic Finance For Dummies John Wiley amp Sons ISBN 9781118233900 Retrieved 15 March 2017 el Gamal Mahmoud A 2006 Islamic Finance Law Economics and Practice PDF New York NY Cambridge ISBN 9780521864145 Archived from the original PDF on 3 April 2018 Retrieved 4 March 2017 Khan Feisal 22 December 2015 Islamic Banking in Pakistan Shariah Compliant Finance and the Quest to Make Pakistan More Islamic Routledge ISBN 9781317366539 Retrieved 9 February 2017 Khan Muhammad Akram 2013 What Is Wrong with Islamic Economics Analysing the Present State and Future Agenda Edward Elgar Publishing ISBN 9781782544159 Retrieved 26 March 2015 Turk Rima A 27 30 April 2014 Main Types and Risks of Islamic Banking Products PDF Kuwait Regional Workshop on Islamic Banking International Monetary Fund Archived from the original PDF on 17 May 2017 Retrieved 17 August 2017 Usmani Taqi 1998 An Introduction to Islamic Finance PDF Kazakhstan Archived from the original PDF on 7 August 2015 a href Template Cite book html title Template Cite book cite book a CS1 maint location missing publisher link Usmani Muhammad Taqi December 1999 The Historic Judgment on Interest Delivered in the Supreme Court of Pakistan PDF Karachi Pakistan albalagh net External links editWorld Database for Islamic Banking and Finance Retrieved from https en wikipedia org w index php title Murabaha amp oldid 1176664182, 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