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For many Muslim charities, decisions surrounding finance
and banking do not end with the question of whether a bank
offers the services it needs or the terms and conditions
it wants.
Islamic, or Sharia, law includes strict guidelines surrounding
the matter of money, how it is managed and how it is invested.
The principles are drawn from the Qu’ran and from
the teachings of the prophet Muhammed.
One key element of this is that earning or paying interest
is not allowed, as it is considered usury, so standard current
and deposit accounts and loans, including mortgages, are
not acceptable to many Muslims. Money should also not be
invested in anything related to businesses dealing in products
and services banned under Sharia law, such as alcohol or
pornography.
In the past, Muslim charities wanting to bank and invest
in a Sharia-compliant way would have struggled to find any
UK bank that fit the bill. But with close to two million
Muslims now living in Britain, there are a now a variety
of mainstream and specialist banks offering the kinds of
services all those potential clients might want, both to
individuals and to businesses and charities.
Sharia law does not say that Muslims should only bank with
organisations run by Muslims, but it does specify that whoever
is looking after the money should do so in a way that is
acceptable to the faith. Every bank, whether high street
or specialist faith-led banks, offering Islamic financial
services operate under the watchful eyes of panels of Muslim
scholars, who are there to ensure that all practices are
appropriate under Islamic law. The accounts are not reserved
only for Muslims; indeed anyone can apply, regardless of
faith.
Lloyds TSB launched Sharia compliant business and corporate
bank accounts in April 2007. The accounts, which are suitable
for charities, are available through the entire branch network,
and form part of a suite of other Sharia products and services
on offer through Lloyds, including student accounts, mortgages
and an investment fund.
The accounts do not pay any interest and do not include
an overdraft service, neither of which would be allowed
under Sharia law, and Lloyds says the funds will be ring-fenced.
But aside from this, the accounts are pretty similar to
Lloyds’ standard business offerings.
HSBC’s Islamic Amanah arm of the business is a global
service, and offers a range of financial services to Muslim
clients, including a Sharia-compliant equivalent to a mortgage
and current account. HSBC says it keeps the funds in Amanah
accounts separate from other funds, and that they are not
invested in anything that is not permitted under Islamic
law.
Charity Bank, too, has been planning to launch an Islamic
offering. Last year it announced it would begin work on
developing a Sharia compliant, non-interest bearing account,
which has yet to come to fruition. Brian Sweetland, chairman
of the Friends Provident Foundation, which supported the
development programme, said at its launch: “Ensuring
that those who find it most difficult to find appropriate
financial products have choice and control are central to
our approach to financial inclusion.”
Meanwhile, the Islamic Bank of Britain, which has been stepping
up its operations in recent years, offers a dedicated account
for charities and mosques, or Masjids. The bank also encourages
charities that are not Muslim to sign up, with the assurance
that funds will be invested in “an ethical and responsible
manner”.
Again, the bank does not pay interest, but instead generates
income from Sharia-compliant activities, which is shared
with charity customers. “Charities can invest with
us for a profit,” explains spokesman Samir Alamad
of the Islamic Bank of Britain.
The Islamic Bank also offers Sharia finance for the purchase
of commercial property, which allows organisations to buy
buildings without the need for a conventional mortgage.
What’s more, banks should not profit when customers
default on repayments or go into unauthorised overdraft,
explains Alamad. The bank levies charges when customers
break the rules, but these funds are given to charities
rather than being kept by the bank.
Not all Muslim charities choose to use Islamic or Sharia-compliant
banks, and indeed some have reserves about the way Sharia
finance is approached in the mainstream. As one representative
of a Muslim charity says, “not many Muslims would
be prepared to buy Halal meat in a shop where pork is also
sold”. By the same principal, for some it is strange
to think of Sharia finance being offered where non-Sharia
activities also take place.
And, looking at the wider picture, it could be argued that
any bank that is part of the international banking system
has no choice but to be involved at some level in activities
which would not be permissible under Sharia law.
Another charity explains that its priority is to be able
to transfer funds to beneficiaries overseas in the most
transparent and straightforward way possible, which has
prompted it to stick with an international organisation
with branches all over the world, albeit not a Sharia-compliant
bank.
Nonetheless, the scope for banking in accordance with faith
is growing for Britain’s Muslim charities, making
it easier for them to make the choices that best suit their
practical and spiritual requirements.
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Islamic investments
There are a number of Sharia compliant investment funds
on the market, such as HSBC’s Amanah Global Equity
Index fund, the UBS Islamic fund and the Scottish Widows
Islamic Global Equity fund.
The funds all follow the same ethical structure and avoid
investment in gambling, anything to do with alcohol, the
production and sale of pork, tobacco and pornography.
Scottish Widows also says its fund will not invest in other
financial institutions which are not Sharia-compliant.
The charity offering Sharia finance to its beneficiaries
The charity Islamic Aid has turned the idea of Sharia finance
around and offers a Halal version of microfinance to people
living in poverty, helping them to buy livestock which is
vital to allowing them to earn a living. “Instead
of lending money we enter into joint activities,”
explains Mahmood Hassan, chairman of Islamic Aid.
“We give a person the capital to buy the livestock,
and then when it is sold in the marketplace, that person
keeps two thirds of the proceeds and Islamic Aid takes one
third.”
Interestingly, Islamic Aid has not chosen an Islamic bank
to look after the organisation’s funds, but instead
has chosen to use a high street bank. “We have been
with the bank for around ten years and we have been very
happy with the service,” says Hassan.
Key Islamic financial terms
Riba
The term Riba refers to interest, whether earned or paid.
This is considered usury and is not permitted under Sharia
law.
Musharaka
This means partnership – the placing of capital with
another person, and the sharing of the risk and reward.
This is one of the central points in Islamic finance.
Ijara
Ijara is a form of leasing. Essentially, the bank buys an
item and then leases it back to the customer at a set rate
and over a set period. The customer never actually owns
the item. A variation on this is Ijara-wa-iktana, where
the customer undertakes to buy the item at the end of a
set term at a set price, and rent payments are part of the
purchase price.
And another variation is often used for property purchase.
Ijara with diminishing Musharaka is where the bank buys
the building and which each payment above the value of the
rental payment, the bank reduces its equity in the asset.
Gradually, the customer’s equity increases and the
bank’s decreases until the ownership is finally taken
over by the customer.
Murabaha
This is effectively a form of credit without interest. Essentially,
the bank buys an item which it agrees to resell to the customer
on a deferred basis. The customer pays the bank in instalments,
and a profit margin is included in the sale price.
Mudaraba
This is where someone hands over money to someone more skilled
to invest it. In exchange for the expertise on offer, the
skilled investor gets a share in the returns.
Qard
This is a loan where no interest is paid. The Islamic Bank
of Britain uses this principal for its current accounts
– a customer lends its money to the bank and the bank
in turn invests that money for other purposes, but promises
to give it back on request.
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