Risk Sharing in Finance The Islamic Finance Alternative ffffiirrss..iinndddd ii 1100//1144//1111 33::3333::4499 PPMM Risk Sharing in Finance The Islamic Finance Alternative HOSSEIN ASKARI ZAMIR IQBAL NOUREDDINE KRICHNE ABBAS MIRAKHOR John Wiley & Sons (Asia) Pte. Ltd. ffffiirrss..iinndddd iiiiii 1100//1144//1111 33::3333::5500 PPMM Copyright © 2012 John Wiley & Sons (Asia) Pte. Ltd. Published in 2012 by John Wiley & Sons (Asia) Pte. Ltd. 1 Fusionopolis Walk, #07–01, Solaris South Tower, Singapore 138628 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning, or otherwise, except as expressly permitted by law, without either the prior written permission of the Publisher, or authorization through payment of the appropriate photocopy fee to the Copyright Clearance Center. 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Other Wiley Editorial Offi ces John Wiley & Sons, 111 River Street, Hoboken, NJ 07030, USA John Wiley & Sons, The Atrium, Southern Gate, Chichester, West Sussex, P019 8SQ, United Kingdom John Wiley & Sons (Canada) Ltd., 5353 Dundas Street West, Suite 400, Toronto, Ontario, M9B 6HB, Canada John Wiley & Sons Australia Ltd., 42 McDougall Street, Milton, Queensland 4064, Australia Wiley-VCH, Boschstrasse 12, D-69469 Weinheim, Germany Library of Congress Cataloging-in-Publication Data ISBN 978–0–470–82966–0 (Hardback) ISBN 978–0–470–82960–8 (ePDF) ISBN 978–0–470–82967–7 (Mobi) ISBN 978–0–470–82961–5 (ePub) Typeset in 10/12pts Sabon Roman by MPS Limited, a Macmillan Company Printed in Singapore by Markono Print Media Pte. Ltd. 10 9 8 7 6 5 4 3 2 1 ffffiirrss..iinndddd iivv 1100//1144//1111 33::3333::5511 PPMM In the Name of Allah, the All Merciful, the All Benefi cent ffffiirrssf..fiiinnrsdd.ddin d vvd v 1100//1144//111/117 / 1 330:: 33 334:::554116 :PP39MM PM Contents Preface ix Acknowledgments xvii Glossary xix PART ONE THE H ISTORY AND CAUSES OF FINANCIAL CRISES CHAPTER 1 A Brief History of Financial Crises and Proposed Reforms 3 CHAPTER 2 Financialization and the Decoupling–Recoupling Hypotheses 31 PART TWO RISK SHARING AND THE ISLAMIC PARADIGM CHAPTER 3 A Brief History of Risk-Sharing Finance 49 CHAPTER 4 Risk Sharing and the Islamic Finance Paradigm 69 CHAPTER 5 Risk Sharing in the Islamic Financial System: The Building Blocks 95 CHAPTER 6 Risk Sharing and Vibrant Capital Markets in Islamic Finance 115 vii ffttoocc..iinndddd vviiii 1100//1100//1111 88::1111::0033 AAMM viii Contents CHAPTER 7 Portfolio Theory and Asset Pricing 133 CHAPTER 8 Complementary Role of Intermediaries and Markets in Promoting Risk Sharing 159 PART THREE MOVING FORWARD CHAPTER 9 Enhanced Access to Finance, Social Welfare, and Economic Development under a Risk-Sharing System 181 CHAPTER 10 The Role of Institutions and Governance in Risk Sharing 201 CHAPTER 11 Gaps between the Theory and Practice of Islamic Finance 225 CHAPTER 12 Concluding Remarks 247 References 259 Index 277 ffttoocc..iinndddd vviiiiii 1100//1100//1111 88::1111::0044 AAMM Preface The fi nancial crisis that erupted in the United States in 2007 and quickly per- meated many of the advanced industrial countries is undoubtedly the most serious fi nancial and economic crisis since the Great Depression of the 1930s. Its severity has invoked more debate than the run-of-the-mill fi nancial crisis that seems to occur about once every 10 or so years; and rather than calling for minor reforms, some academics, practitioners, and policymakers have been questioning the fundamental stability of the modern conventional fi nancial system. The suggested reasons for this fi nancial crisis have been many: ■ wholesale and foolhardy deregulation; ■ inadequate and failed supervision; ■ unregulated and unsupervised fi nancial institutions; ■ an inadequate level of capital; ■ an extended episode of low interest rates; ■ excessive risk taking; ■ the emergence of a parallel banking sector (the repo market); ■ rapid and uncontrolled fi nancial innovations (derivatives); ■ mark-to-market accounting; ■ the consolidation of the fi nancial sector and the emergence of institutions that are deemed “too big to fail”; ■ shortcomings of the credit rating agencies and, especially, the confl ict of interest in their operations; ■ excessive assumption of debt and leveraging; ■ increased international capital mobility; and ■ human greed, fraud, and Ponzi fi nance. The list is long and could be lengthened even further. Depending on which of these reasons one considers the culprit(s), recommendations for reform have also been numerous. As to be expected, reforms are little more than a “bandaging” of the current fi nancial system: higher levels of capital; breaking up of fi nancial institutions; re-regulation to include all fi nancial institutions; measures to limit risk taking and to increase transparency, and more. But it is diffi cult to see how any of these ix ffpprreeff..iinndddd iixx 1100//77//1111 44::3388::4466 PPMM x PREFACE changes will eliminate the likelihood of future fi nancial crises. Higher capital requirements, for instance, would reduce bank lending, money creation, and leveraging, but there is always the chance that bad loans could still wipe out a bank’s capital. Similarly, limiting the size of fi nancial institutions would reduce, but not eliminate, systemic risk and the need for bailouts. Increasing transparency in the packaging, pricing, and settling of derivatives would afford investors more information on pricing and reduce, but again not elimi- nate, systemic risk. And on and on. The conventional banking system is a fractional reserve banking system that is based predominantly on debt fi nancing and, by its structure, creates money and encourages leveraging. The embedded risk of such a system is that money and debt creation, and leveraging, could be excessive. Safeguards such as deposit guarantee schemes—for instance, the Federal Deposit Insurance Corporation (FDIC) in the United States—and the classifi - cation of some banks as “too big to fail” are the implicit government subsidies that reduce funding costs and create moral hazard, encouraging mispricing and excessive assumption of risk by fi nancial institutions. The mispricing of loans and assumption of excessive risk, in turn, threaten the liquidity and sol- vency of fi nancial institutions. Systemic risks that are inherent in the system, such as the linkages and the interdependencies of institutions, as well as the prominence of “too big to fail” institutions, create fi nancial instability and threaten the entire fi nancial and real economy. To enhance fi nancial stability, regulators would have to adopt policies and practices that eliminate moral hazard and excessive debt creation and leveraging. One way to ensure the stability of the fi nancial system is to eliminate the type of asset–liability risk that threatens the solvency of all fi nancial institutions, including commercial banks. This requires commercial banks to restrict their activities to two: (i) cash safekeeping; and (ii) investing client money, as in a mutual fund. Banks would accept deposits for safekeeping only (as, for example, in a system with a 100 percent reserve requirement) and charge a fee for providing this service and for check-writing privileges. In their intermediation capacity, banks would identify and analyze invest- ment opportunities and offer them to clients; they would charge a fee for this service, much like a traditional investment bank. The bank would not be assuming any asset–liability risk on its balance sheet; instead, gains or losses would accrue directly to client investors. However, the bank could at the same time invest its own equity capital in these and other investment projects, as could its client investors. In this case, the bank would not be assuming any asset–liability exposure, just a potential loss of some (but not all) of its capital, which would not endanger the bank’s solvency. In other words, in this example of a fi nancial system, there would be no debt fi nancing by institutions, only equity fi nancing; and there would be no risk ffpprreeff..iinndddd xx 1100//77//1111 44::3388::4466 PPMM Preface xi shifting, only risk sharing. Banks would not create money, as they do under a fractional reserve system. Financial institutions would be serving their tradi- tional role as intermediaries between savers and investors but with no debt on their balance sheets, no leveraging, and no predetermined interest rate payments as an obligation. Proposals along these lines are not new. Financial systems in some such form or other have been practiced throughout recorded history (see Chapter 3). Recently, such an approach was recommended in the “Chicago Plan.” This reform plan was formulated in a memorandum written in 1933 by a group of renowned Chicago professors, including Henry Simons, Frank Knight, Aaron Director, Garfi eld Cox, Lloyd Mints, Henry Schultz, Paul Douglas, and A. G. Hart, and was forcefully advocated and supported by the noted Yale University professor Irving Fisher in his book titled 100% Money. Noting the fundamental monetary cause underlying each of the severe fi nancial crises in 1837, 1873, 1907, and 1929–34, the Chicago Plan called for a full monopoly for the government in the issuance of currency and forbade banks from creating any money or near money by establish- ing 100 percent reserves against checking deposits. Investment banks would play the role of broker between savers and borrowers and act as fi nancial intermediators. Hence, under such a system, the inverted credit pyramid, highly leveraged fi nancial schemes (such as hedge funds), and monetization of credit instruments (for example, securitization) are excluded. The credit multiplier is far smaller and is determined by the savings ratio instead of the reserves ratio. As stated by Irving Fisher: “The essence of the 100% plan is to make money independent of loans; that is to divorce the process of creating and destroying money from the business of banking. A purely incidental result would be to make banking safer and more profi table; but by far the most important result would be the prevention of great booms and depressions by ending chronic infl ations and defl ations which have ever been the great economic curse of mankind and which have sprung largely from banking.” According to Fisher, the creation of money depends on the coincidence of the double will of borrowers to borrow and of banks to lend. Keynes deplored this double want coincidence as a source of large swings in the circulating medium. Why? In times of recession, borrowers are over-indebted and see narrower profi t prospects, and thus become less willing to borrow; while banks are saddled with impaired assets and are less willing to lend. Jointly, they cause a contraction of money and, in turn, an aggravation of the downturn in the economic cycle. Irving Fisher wrote: “I have come to believe that that plan is incomparably the best proposal ever offered for speedily and per- manently solving the problem of depressions; for it would remove the chief cause of both booms and depressions.” ffpprreeff..iinndddd xxii 1100//77//1111 44::3388::4466 PPMM xii PREFACE More recent than the Chicago Plan, Laurence Kotlikoff (2010) has made a proposal along similar lines, coining it “Limited Purpose Banking (LPB).” Henry and Kotlikoff, writing in Forbes (2010), said of the Kotlikoff approach: Were we really serious about fixing our financial system, there’s a very simple alternative—Limited Purpose Banking. LPB would transform all financial intermediaries with limited liability into mutual fund companies. Under LPB a single regulatory agency— the “Federal Financial Authority”—would organize the independent rating, verification, custody and full disclosure of all securities held by the mutual funds. Voilà, by dint of competition and transparency, “liar loans,” off-balance sheet gimmickry, and toxic assets would all disappear. LPB would let the financial sector do only what Main Street needs it to do—connect lenders to borrowers and savers to investors. The financial sector’s job is not to take taxpayers to the casino and collect the winnings. There are many reasons why reform along this, or similar lines, has not entered the political and fi nancial mainstream until the recent fi nancial turmoil. For starters, there is the opposition of the powerful fi nancial sector. The lobbying of the fi nancial sector against fundamental fi nancial reform in the United States is well documented and its interest is evident. Starting in the 1970s, the fi nancial sector has gained relative to the real sector, as measured by its growing share of gross domestic product (GDP), aggregate corporate profi ts, and salaries and bonuses. The fi nancial sector will not readily give up activities and instruments that have allowed it to establish such a domi- nant position and to accumulate such gains.1 When risk transfer is combined with high leverage, the growth of interest-based debt contracts and their pure fi nancial derivatives—those with little or no connection to real assets— outpace the growth of the real sector leaving the liabilities in the economy a large multiple of real assets needed to validate them. This phenomenon has been coined “fi nancial decoupling” or “fi nancialization,” whereby fi nance is no longer anchored to the real sector. A second popular concern is the “assumed” impact on economic growth and prosperity if debt fi nancing is signifi cantly reduced or elimi- nated. Although most observers attribute a signifi cant role to the explosion of debt and leveraging in bringing about fi nancial crises, at the same time some argue that the reduction, let alone elimination, of debt fi nancing and bank money creation would reduce economic growth. This is an empirical issue that deserves careful estimation—how would growth over the long haul compare under each regime? And what would be the attendant social benefi ts ffpprreeff..iinndddd xxiiii 1100//77//1111 44::3388::4466 PPMM