The Art of Islamic Banking and Finance: Tools and Techniques for Community-Based Banking

(Tina Meador) #1

were able to adapt it in a way that makes the financing closer to the require-
ments of Shari’aa and to expand its use in the development of the ‘‘Islamic’’
asset-based bonds (sukuk.)


ISLAMIC BANKING MODELS


The following is analysis of the Islamic banking models designed to fit the
existing conventional finance contracts to make them Shari’aa-compliant.


The Cost-Plus (Murabaha) Model
This mode of financing (in Malaysia it is calledAl Bai’ Bithaman Aajil,or
BBA) was developed to finance trade transactions in a riba-free format.The
Institute of Islamic Banking and Insurancemagazine (London, the United
Kingdom)^2 responds to reservations and criticisms made by many Shari’aa
scholars, as well as users of murabaha ‘‘Islamic’’ finance models and con-
tracts, by stating that we should not‘‘... ignore that the basic Islamic
finance structures adopted today were used primarily in trade in the early
Islamic period.’’ The article further states that


Murabaha [cost-plus], in its original Islamic connotation, is simply
a particular type of sale, not a mode of financing. The only feature
distinguishing it from other kinds of sale is that the seller in Mura-
baha [cost-plus] tells the buyer the cost incurred and the profit
(mark-up) on the cost.

The magazine also quotes retired Justice Muhammad Taqi Usmani:

There are two essential points which must be fully understood
in this respect: 1) it should never be overlooked that, originally,
Murabaha [cost-plus] is not a mode of financing. Therefore, this in-
strument should be used as a transitory step... and its use should
be restricted only to those cases where Musharaka [joint ownership
with diminishing equity] is not practicable; 2) the Murabaha [cost-
plus] transaction does not come into existence by merely replacing
the word of ‘‘interest’’ by words of ‘‘profit’’ or ‘‘mark up.’’

The article further states that:

Murabaha [cost-plus], though not an ideal model in Shari’aa com-
pliant finance, was adopted initially for home purchase in the UK in
the late 1990s, as pure Musharaka [joint ownership with

Islamic Banking in the 20th Century 207

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