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IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL O ye who believe Fear God and ... PDF

112 Pages·2012·1.54 MB·English
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IN THE NAME OF ALLAH, THE BENEFICENT, THE MERCIFUL O ye who believe Fear God and give up what remains of your demand for usury if ye are indeed believers. If ye do not, take notice of war from God and His Apostle. But if ye turn back ye shall have your capital sums. Deal not unjustly, And ye shall not be dealt with unjustly. SURA AL BAQARA II VERSE 278-279 ------------------------------------------------------------------- The articles published in this Journal contain references from the sacred verses of Holy Qur’an and Traditions of the prophet (p.b.u.h) printed for the understanding and the benefit of our readers. Please maintain their due sanctity and ensure that the pages on which these are printed should be disposed of in the proper Islamic manner. Journal of Islamic Banking and Finance Oct – Dec. 2012 1 Journal Of Islamic Banking and Finance Publication Date: 1984 (Pioneer in field of Islamic Banking & Finance in Pakistan) Frequency: Quarterly (Refereed/Peer Reviewed) Registration: ISSN 1814-8042 Index Islamicus (Indexing/Abstracting Service) Circulation: Worldwide include IMF, World Bank, Central Commercial Banks, Universities, Educational Institutions, and Public Libraries in Pakistan/abroad, Individuals, Scholars, Jurists etc. Subscription Rates (Including postage) S u b s c r i p t i o n One year Two years Per single Copy Pakistan Rs. 750.00 Rs. 1300.00 Rs. 160.00 Overseas US$. 70.00 US$. 130.00 US$. 17.00 Old Issues of One Year Pakistan Rs. 400.00 Overseas US$. 20.00 For Students* Pakistan Rs. 550.00 Overseas US$. 35.00 * Photocopy of the proof of the existing status of the students required Advertisement Rates (per Insertion) Pakistan Ordinary Full Page (Coloured) Rs. 8,500/= ( Minimum 3 Insertions) Inside Front Cover (Coloured) Rs. 9,000/= Inside back Cover (Coloured) Rs. 9,000/= Full Page Back cover(Coloured) Rs. 11,000/= Classified (Black and White) Rs. 2,000/= Abroad Ordinary (Coloured) US$. 150/= Full Page Back Cover (Coloured) US$. 200/= For Further Details Please Contact: B-5 (1st Floor), Kehkashan Apartments, Block No. 7, Main Clifton Road, Karachi (Pakistan) Phone: + 92(021) 35837315 E-Mail [email protected] 2 Journal of Islamic Banking and Finance Oct – Dec. 2012 Journal of Islamic Banking and Finance Volume 29 Oct – Dec. 2012 No. 4 Founding Chairman Board of Editorial Advisors Muazzam Ali (Late) S. A. Q. Haqqani Dr. Hasan uz Zaman Former Chairman Dr. Mohammad Uzair * Pakistan Press Foundation (Pak) Altaf Noor Ali (ACA) * Pakistan Press International (Pak) * Institute of Islamic Banking & International Advisory Panel Insurance (UK) Professor Dr. Md. Ma’sum Billah * Former Vice Chairman Corporate Advisor & Consultant to Global Islamic DAR AL-MAAL AL-ISLAMI Banks & Financial Market. Malaysia. TRUST, GENEVA, Professor Dr. Rodney Wilson SWITZERLAND School of Government and International Affairs, Durham University, UK Chairman Dr, R. Ibrahim Adebayo Basheer Ahmed Chowdry Department of Religions, University of Ilorin, Nigeria Prof. Dr. Zubair Hasan Editor The Global University of Islamic Finance, Aftab Ahmad Siddiqi Kuala Lumpur, Malaysia Dr. Waheed Akhtar Associate Editor Assistant Professor, Comsats Institute of Information Technology (CIIT), Lahore, Pakistan Mazhar Ali Dr. Manzoor Ahmed Al-Azhari, Co-ordinator Research & PhD Legal Policy (Shariah & Law) Chair, Department of Islamic Studies Marketing Institute of Religious Education & Research Mohammad Farhan (IRER) HITEC University Taxila Cantt, Pakistan Professor Dr. Khawaja Amjad Saeed FCA, FCMA Business Executive Hailey College of Banking & Finance University of Punjab, Lahore, Pakistan A. N. Haqqani Dr. Mehboob ul Hassan Professor, Department of Business Administration, Published by Sindh Madarsatul Islam University, Karachi, International Association of Pakistan Islamic Banks Mr. Salman Ahmed Shaikh Karachi, Pakistan. External Reviewer Bankers Academy USA, Ph: 35837315 Research Associate & Faculty Member IBA, Fax: 35837315 Karachi and also Heads of Islamic Economics Project Email: ia _ ib @ yahoo.com Prof/ Dr. Habib ur Rahman Head Business Administration Deptt Registration No. 0154 Sarhad University of Science & Information Printed at M/S Maaz Prints, Technology, Peshawar, Pakistan Karachi Dr Muhammad Zubair Usmani Jamia Daraluloom, Karachi Journal of Islamic Banking and Finance Oct – Dec. 2012 3 4 Journal of Islamic Banking and Finance Oct – Dec. 2012 Journal of Islamic Banking and Finance Volume 29 Oct – Dec. 2012 No. 4 C O N T E N T S 1. Editor’s Note......................................................................................................9 2. Cooperative Micro-Bond................................................................................16 By Prof Dr. Mohd. Masum Billah 3. The Legal Framework for Islamic Banking in Nigeria....................................20 By Dr. Abdulqadir Ibrahim Abikan 4. The Performance of Insurance Industry in Malaysia: .....................................40 Islamic vis-à-vis Conventional Insurance By Muhamad Abduh, Mohd Azmi Omar and Raudhah Mohd Tarmizi 5. Interest Based Financial Intermediation: Analysis & Solutions......................50 By Salman Ahmed Shaikh 6. The Analysis of Shariah Bank Efficiency Level in Indonesia: .......................65 A Comparison Between the Intermediary Approach and Production Approach By Muhamad Nadratuzzaman Hosen & Muhammad Dadi Sutisna 7. Islamic Financial Product As Alternative to Riba in the Cooperative.............81 Sector in Nigeria By Bukhari Sikirullahi 8. Educational Islamic Financing Models:...............................................................................94 • Salam.......................................................................................................95 • Ijara.........................................................................................................97 9. Development of New Five Years Strategic Plan for Islamic Banking Industry by State Bank of Pakistan...............................100 BY Kazi Abdul Muktadir 10. Country Model: United Arab Emirates (UAE)...............................................102 11. Islamic Banking Glossary..............................................................................104 13. Note To Contributors of Articles...................................................................111 13. Order Form for Subscription/Ad to the Journal.............................................112  Journal of Islamic Banking and Finance Oct – Dec. 2012 5 6 Journal of Islamic Banking and Finance Oct – Dec. 2012 Journal of Islamic Banking and Finance Oct – Dec. 2012 7 8 Journal of Islamic Banking and Finance Oct – Dec. 2012 Editor’s Note This is an article on “Interest Based Financial Intermediation: Analysis & Solutions” by Salman Ahmed Sheikh. It contains a plethora of pro-interest and anti- interest arguments. The article opens with the assertion that not only Islam but all revealed religions prohibited interest. However, the Commandments of God to Muslims in this respect are very strict and couched in threatening language. It is asserted that the violators must be prepared to face wrath of God. Even the famous philosopher Aristotle in his book “Politics” denounced Riba as being the most un-natural of all modes of getting wealth. Thomas Aquinas in his book “Summa Theological” condemns it as selling a non-existent thing. It leads to in-equality and is contrary to justice. Even a modern economist Keynes has also opposed it in his treatise “General Theory of Income, Employment and Money” and also in one of his essays. Some scholars differentiated between interest and usury. According to them high rate of interest charged on consumption loans in olden days was usury and it is this practice which has been banned by the Holy Quran but the Council of Islamic Ideology report and subsequent judgment of the Supreme court on interest held that riba includes interest in any shape, whatsoever. The votaries of interest have brought forth farfetched arguments to justify interest. The lender after giving loan loses every chance of reaping any benefit from the lent money and also incurs cost in the process of lending. These two factors are enough to entitle him to interest as compensation. Further more subtle arguments favoring interest have been adduced but they all stand rebutted. The paper further has enumerated various ills of capitalist system based on Riba and the harm they wreak on the people. The paper outlines the financial architecture sans interest. Under this head the point of view of Islamic economics has been projected and the advantages of Islamic system over the interest based one have been brought out in bold relief. But these have also been critically reviewed and the other point of view has been fully discussed. It is Islamic principle that in case of transactions on credit, the returned article must be identical to the one borrowed. It is argued that the principle should be extended to loans taken during period of inflation and deflation. This proposal has been examined and it is found that it will raise many serious problems and hence it is not practicable. The problems have been identified. Journal of Islamic Banking and Finance Oct – Dec. 2012 9 Lastly the question of pricing the financial capital in Islamic finance has been focused upon. Two studies by Muslim economists Mirakhor (1996) and Haque & Mirakhor (1998) were undertaken and they derived two formulae. Some other proposals were also considered. It was concluded as under: “The merit of these proposals will rest on the criterion that how well they remain close to the actual returns in particular sectors and overall economy”. Concluding remarks which carry the crux of the article are reproduced below: “Interest as a system of allocation of resources ensures a fixed return for one variable and uncertain for another. In contrast, Islam encourages equity financing in which loss/profit would be shared. This ensures better results from the perspective of redistribution and better cooperative behavior since payoffs for all parties are linked with productive sector of the economy. Consequently, markets will not have to produce speculative surplus output just to service exorbitant amount of debt and that could stabilize business cycles. Islam by prohibiting interest eliminates one important source of distributive injustice (Chapra, 1984). But, it does so in a just manner by allowing all people with capital and labor or one o f these to contribute in productive enterprise and earn the rewards out of actual return on productive enterprise”. The article is on “The Analysis of Shariah Bank Efficiency Level in Indonesia: A Comparison Between the Intermediary Approach and Production Approach” is co-authored by i) Muhamad Nadratuzzaman Hosen and ii) Muhammad Dadi Sutisna. They have undertaken a research to assess the efficiency of Shariah Banks and also to find out the factors which affect the efficiency. The period covered is 2006-2008. The Shariah banking in Indonesia has been making good progress as Indonesia has Muslim population in majority and an efficient regulatory authority but in spite of these advantages the market share of Islamic banking is very low and it was this aspect which proved a catalyst for the present research. The article defines efficiency, divides it into three categories and explains their characteristics. The research is however based on alternative efficiency. This article has given a detailed description of research models and methodologies adopted in the process. Their findings in a nut-shell are that efficiency of the Shariah banks using intermediary approach during the period 2006-2008 decreased each year, whereas those using production approach during this period fluctuated each year. It has been recommended that the central bank of Indonesia should take suitable action in the matter to improve the efficiency of the Shariah banking system. The article on “The Performance of Insurance Industry in Malaysia Islamic vis- à-vis Conventional Insurance” is the output of three authors i) Muhamad Abduh ii) Mohd Azmi Omar and iii) Raudhah Mohd Tarmizi, and its aim is to compare the performance of Takaful, which signifies Islamic insurance, and the conventional insurance. 10 Journal of Islamic Banking and Finance Oct – Dec. 2012

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By Muhamad Nadratuzzaman Hosen & Muhammad Dadi Sutisna. 7 Takaful companies offer general and family Takaful whereas conventional insurance .. Categorizes Banks”, Daily Independent, Friday, February 4, 2005, 1 and 2; however, . consent of the Governor of the Central Bank.22.
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