The Islamic finance industry operates within the framework of Sharia (shariah), the Islamic law derived from the Quran and the teachings of Prophet Muhammad (peace be upon him). It aims to provide financial solutions that adhere to Islamic principles and ethical guidelines. However, within the industry, a dilemma persists between two approaches: Sharia-based and Sharia-compliant. In this blog post, we will explore the differences between these approaches and discuss the challenges and opportunities they present to the Islamic finance industry.
Sharia-based finance refers to financial products and services that are directly derived from and rooted in the principles of Sharia. It requires a deep understanding of Islamic jurisprudence and relies on specialised scholars to ensure compliance with the intricate nuances of Islamic law. Sharia-based finance goes beyond mere compliance and seeks to create financial instruments that align with the broader objectives and spirit of Sharia.
Proponents of the Sharia-based approach argue that it offers a more authentic and holistic representation of Islamic finance. It emphasises the ethical and moral dimensions of financial transactions, focusing on justice, fairness, and the avoidance of exploitation. Sharia-based finance places a strong emphasis on risk-sharing, asset-backed transactions, and equitable wealth distribution, while discouraging interest-based transactions and speculative activities.
Sharia-compliant finance, on the other hand, refers to financial products and services that are structured in accordance with Sharia principles, but do not necessarily embody the same depth of understanding or alignment with the broader objectives of Islamic law. These products and services are designed to meet the minimum requirements for Sharia compliance, as determined by Sharia boards or scholars.
The Sharia-compliant approach allows for a more flexible interpretation of Islamic principles, accommodating a wider range of financial transactions that are deemed permissible within the bounds of Sharia. It often relies on legal and financial engineering techniques to replicate conventional financial instruments while avoiding explicit interest-based elements. This approach has contributed to the growth and mainstream acceptance of Islamic finance globally.
The Dilemma and Challenges:
The dilemma facing the Islamic finance industry stems from the tension between these two approaches. While the Sharia-based approach seeks to uphold the original intent and spirit of Islamic law, it faces challenges in terms of scalability, standardisation, and meeting the demands of a globalised financial system. On the other hand, the Sharia-compliant approach offers greater flexibility and adaptability to international financial practices, but risks diluting the fundamental principles of Islamic finance.
The challenges associated with the Sharia-based approach include the availability of qualified scholars, the complexity of Sharia interpretations, and the need for harmonisation across different jurisdictions. On the other hand, the Sharia-compliant approach faces criticism for potential inconsistencies, lack of depth in adherence to Islamic principles, and the possibility of exploiting loopholes in the system.
Opportunities for Resolution:
To navigate this dilemma, the Islamic finance industry needs to strike a delicate balance between the Sharia-based and Sharia-compliant approaches. This can be achieved through:
- Enhanced Education and Research: Investing in research and education to deepen the understanding of Islamic law and finance can help develop a pool of qualified scholars capable of guiding the industry.
- Strengthened Governance and Oversight: Implementing robust governance structures, including independent Sharia boards, can ensure transparency, accountability, and adherence to Islamic principles.
- Standardisation and Harmonisation: Developing globally accepted standards and guidelines that strike a balance between Sharia authenticity and international financial practices can enhance trust, facilitate cross-border transactions, and promote market growth.
- Innovation and Product Development: Encouraging innovation and product diversification within the boundaries of Sharia can attract a broader investor base and meet the evolving needs of the industry.
The dilemma between Sharia-based and Sharia-compliant approaches poses both challenges and opportunities for the Islamic finance industry. Striking the right balance requires a collaborative effort from industry stakeholders, including scholars, regulators, financial institutions, and investors. By embracing the authentic principles of Sharia while adapting to the dynamics of the global financial landscape, the Islamic finance industry can continue to grow, serve a wider audience, and contribute to sustainable and ethical economic development.