Today, the market segment of Islamic
financial products and regulations are no longer confined within a limited
territory, but are in the borderless world of the Web, having exposure to
almost all groups of people worldwide. The market mechanisms adopted by the
potential marketers include dynamic strategies and mechanisms of governance to
match the applied global phenomena, where both Muslim and non-Muslim are
equally participating to market Islamic financial products with promising
results.
But such an achievement certainly and
rationally requires rediscovery of mechanisms for product innovation, culture
of products review, review of professionalism, and improving the relevant
policies, regulations and governing standard with ethical guidelines, as these
shall not be denied in any sector of the Islamic industrial movement.
Strategic planning for every move of
Islamic financial industry is of utmost importance to ensure smooth and
successful growth of the industry. Strategic planning should be consolidated
with dynamic actions. For this exercise, it is essential to ensure the presence
of experts in: Shari’ah,
decision-making, technical, operational or /and marketing avenues, along with
proper professionalism and rightful performance justified by Shari’ah standard.
Resurgence
of Islamic Finance in the Modern Reality
The modern growth of the Islamic financial
industry began in Egypt and
the Arab world, while Malaysia
caught the wave in the early 80s and subsequently, we have seen a rapid gradual
development through both the Muslim and non-Muslim world. Due to the present
phenomena of development and dynamic offerings of applied Islamic financial
products, Malaysia , Bahrain and UAE
play the top-ranking roles in the global Islamic financial market.
Apart from the existing world players,
the next wave of industrial growth can be predicted from the non-Muslim world
with a reasonable participation. Among those countries may be Singapore , England ,
Hong Kong , Germany ,
Canada , Russia , Australia ,
China , Japan , and South Africa . It may be anticipated
that, in the next 7 to 10 years, Islamic financial products with required
Shari’ah regulatory frameworks may attract almost 60-65 percent of the total
financial industries globally, offering Islamic financial products to both
Muslims and non-Muslims with beneficial results.
It is widely accepted that
the adaptation of the Shari’ah
compliant financial paradigm is one of the fastest growing areas of the
international banking and finance in reality. The forecasts predict that there
will be significant growth in this sector over the next five to ten years.
However, this growth is dependent on successful risk management,
professionalism, product innovation, regulatory frameworks, marketing
strategies, research and discovery and customer satisfaction that all
professionals, regulators, practitioners, customers and participants of the
banking -financial industry must attend to. All these can be achieved only
through the appropriate knowledge, information and exercises.
Rational
Outlook of the Sustainable Growth of Islamic Finance
It is not simply a religious ground,
but also socio-eco-cultural and other logistic, authentic and hypothetical
reasons, which undeniably justify a sustainable growth of Islamic finance with
promising track record. Thus, among the rational outlook of the growth of
Islamic finance in the modern reality are pointed out by www.theborneopost.com
as follows:
Mutual Cooperation
with Risk Sharing Culture
Islamic finance is not a mere product,
but a holistic integrated system for all mankind based on the Divine principle of Mutual
cooperation with risk sharing culture for the legitimate benefit of all,
irrespective of one’s religious background, race, color, gender, status or
nationality. (See al-Qur’an 5:2)
Green Financing
Platform
Islamic finance offers the ideal
platform to boost ‘green financing’ and promote SRI (social responsibility
investment). As Shari’ah rules prohibit participation in businesses involving
alcohol, pork, and gambling, Islamic banks only support businesses that adhere
to ethical and moral nature values when it comes to investments.
Shari’ah-Compliant
Products
Demand for Shari’ah-compliant products
continues to rise alongside a growing Muslim population. Muslims predicted to
account for more than 25 per cent of the world population in 2013, growing
twice as fast as the world’s non-Muslim population. Islamic banks address this
group’s need and natural inclination to prefer Shari’ah-compliant financial
products.
Fast and Steady
Growth
The Islamic financing industry is
growing 50 per cent faster than conventional banking. As of 2011, the global
asset value of the Islamic finance industry is estimated to be at US$1
trillion. The figure is expected to reach US$5 trillion over the next five
years. Indeed, there is no stopping the fast growth of Islamic banking with
Islamic banks setting up shop in countries under the Gulf Cooperation Council
(GCC), Malaysia, the UK, and even in Africa along with many other regions.
Attracts
Non-Muslim investors
Even non-Muslim investors see the
potential for profit in Islamic banking. Islamic financial products, as a rule,
carry lower risk investments while enabling them to earn a profit and at the
same time diversify their portfolio to further reduce risk.
Global Indexing
Western investors can track the Islamic
financing industry through international rating systems. When purchasing sukuk
or Islamic bonds, they can easily assess the strengths, weaknesses, and risk of
the bonds by simply referring to benchmarks that track the financial industry.
Oil-rich Countries
Adopt Islamic Finance
Countries belonging to the GCC want Shari’ah-compliant
products for investment. Those belonging to this group are some of the
wealthiest countries in the world. As the economies of Europe and the US
struggle to stabilize, GCC nations are well-funded and their needs well met by
Islamic banks.
Effective Decision-Making
Islamic investors avoid choices that
cause harm to people and the environment. Through a thoughtful decision-making
process, investors are able to make socially responsible choices that encourage
investments that are good for the long-term.
Streamlined and
Simpler
Islamic financial products, though they
might also come with their own set of complex rules, are far simpler to
understand than their conventional counterparts. For one, they are stricter
with contracts and as focused. Islamic financial institutions also have
scholars that offer consumers guidance with every venture and proceeding. They
follow strict principles that ensure every single transaction is carried out
according to Syariah law.
‘No Crisis’ Zone
Islamic financing saw a 25 per cent
increase in value of assets from 2007 to 2008, while most of the world’s
economies battled the worst financial crisis. It is, thus, safe to say that
investing in Islamic financing is a possible way to avert potential crises in
the world economy.
Humanitarian
Concern
It is not against Islamic laws to
accumulate wealth but all investors need to exercise awareness and shared
responsibility for poverty in the world. Through the concept of zakat, or
giving a portion of wealth to charity, Islamic finance aims to reduce economic
disparity across the globe.
Industrial
Catching Up
Malaysia’s Islamic assets reached US$65
billion in the financial year 2012/ 2013, reports the Ministry of Finance.
National Islamic banking assets registered an average growth rate of 18 per
cent to 20 per cent annually to reach US$ 65.6 billion. The government just
invested in the development of human resources for the Islamic financing
industry so as to ensure it catches up to the industry’s phenomenal growth.
Literature Initiative to Support the
Growth of the Industry
Despite
this development, quality refereed materials on Islamic law of trade and
finance do not suffice the need yet. Thus, literally “Applied Islamic Law of Trade and Finance” (Sweet & Maxwell) provides
possible practical exposition of the current Islamic law of trade and finance.
Comparison with civil law highlights the differences between the systems and
greatly assists in the understanding of both systems. Regular quotation of
Qur’anic verses and prophetic traditions, with English translation, sets out
the religious foundation underlying the applicable Islamic law of trade and
finance in practical reality.
The
forthcoming title Applied Islamic
Finance: Law and Practice from a Global Perspective provides a new source
of reference to aid the understanding of the laws and practices of Islamic
finance from a global perspective. Besides providing an overview of the regulatory
structure overseeing the Islamic financial system, the book discusses the
sources of law and the applied principles of Shari’ah governing Islamic financial instruments, products and
policies. An entire chapter is also devoted to surveying the laws of several
countries in the Muslim world that govern Islamic financial institutions.
As
Islamic finance involves a wide array of global players including borrowers,
lenders and their bankers, policy makers as well as legal and financial
advisers, harmonization and rationalization are important to foster an
efficient and dynamic system. To that end, the book discusses the Shari’ah standard of contemporary
financial business, the roles and functions of a Shari’ah advisory body and the impact of fatwa in Islamic financial
practices.
This
book may be regularly consulted by banking and finance practitioners, in-house
legal counsel, business owners, policy makers, participants, players,
researchers and persons responsible for the further development of the Islamic
financial system globally.
The
book has been useful for takaful, re-takaful and insurance practitioners,
business owners, in-house Shari’ah
and legal counsel, takaful or insurance advisors and persons responsible for
risk management.
e-Commerce:
The
increasing volume of Shari’ah-compliant
business transactions backed by Islamic financial arrangements and the
widespread use of the Internet and information technology (IT) make a good
understanding of Islamic e-commerce law and practices very important. Being a
developing area, good literature is not in abundance and it is the aim of a
latest book, “Applied Islamic e-Commerce”
(Sweet & Maxwell), may
meet the need.
This
book gives a practical and enlightening account of Islamic law comparing modern
principles as they apply to the field of e-commerce with comparative treatment.
Part I of the book sets out the general principles of e-commerce law, which
include ethics in e-commerce and the sources of e-commerce law. Part II
discusses the Shari’ah perspective
comparing modern practical matters such as Internet marketing and advertising,
virtual stores and payment systems as well as personal rights and the
protection of privacy.
The
practices of e-commerce law under Shari’ah
compared with modern principles are explored in Part III. These include the
components of an e-contract, the principles governing data protection and the
concept and practical application of digital signatures. Part IV surveys
offences and liabilities in e-commerce, particularly the problem with hackers
and torts in e-commerce dealings under Shari’ah
compared with modern principles.
Applied Islamic e-Commerce: Laws and Practice
is an illuminating text and provides valuable guidance from the Islamic law
standpoint compared with modern principles on practical issues which arise in
the conduct of e-commerce. This is certainly a first book produced by
considering Shari’ah standard comparing with modern principles and should not
be missed by corporate lawyers, finance and business advisors, business owners,
in-house legal counsel, marketers, IT professionals and those involve in
e-commerce activities in business across the world.
Indeed,
in the past Islamic financial industry had grown with hardship strategies,
while the present movement is being achieved through dynamic strategic and
smart applications with the potential to be an alternative component to the
global conventional players. If such a phenomenon continues, the Islamic
banking and financial platform may undoubtedly secure a sustainable place in
the world’s growing financial picture.
For
this to occur, due professionalism, public awareness, review exercises and
product innovations must strictly be observed. Furthermore, dynamic mechanisms
should be continuously researched to provide tools for risk management at all
levels of Islamic financial industry. In addition, there must be adequate
applications of relevant information technology (IT) to facilitate the smooth
running of hi-tech Islamic financial activities. This will help meet the
objective of providing the best and most competitive offerings for the present
and the future.
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