History of bank is as old as human society. Forever since man came to realize the importance of money as medium of exchange, the necessity of a controlling or regulating agency or institution was naturally felt. The work „BANK‟ is derived from the word „BANCUS‟ or „BANQUE‟ which means a bench. Other authorities hold the opinion the work „BANK‟ is derived from the German word „BACK‟ which means „joint stock fund‟. Later on, when the Germans occupied major part od Italy, the work „BACK‟ was Italianized into „BANK‟.


Primarily the banking is business of dealing in money and instruments of credit. Banks were traditionally differentiated from other financial institutions by their principal functions of accepting deposits–subject to withdrawal or transfer by check–and of making loans.

Islamic banking refers to a system of banking or banking activity that is consistent with Islamic law (Sharia’h) principles and guided by Islamic economics. In particular, Islamic law prohibits usury, the collection and payment of interest, also commonly called riba. Generally, Islamic law also prohibits trading in financial risk (which is seen as a form of gambling). In addition, Islamic law prohibits investing in businesses that are considered unlawful, or haram. Islamic finance has been gaining momentum on a global scale for the last 30 years. Many Islamic Banks have sprung up over the last few years. These changes are occurring both in Muslim and in western countries, and are driven by a global trend amongst Muslims to become more observant of their faith. It might have been the reason why Islamic Banking emerged, however, today Islamic Banking is sought by Muslims and non-Muslims due to the benefits it offers. Industry size is currently estimated at more than $400 billion, with projected growth of 15% per annum. Financial institutions around the globe are trying to keep pace with the growing demand for Sharia’h compliant products and services.

Conventional banking is based on the principle that the more you have, the more you can get. In other words, if you have little or nothing, you get nothing. As a result, more than half the population of the world is deprived of the financial services of the conventional banks. Conventional banking is based on collateral. Conventional banks look at what has already been acquired by a person Conventional banks go into ‘punishment’ mode when a borrower is taking more time in repaying the loan than it was agreed upon. They call these borrowers “defaulters”. When a client gets into difficulty, conventional banks get worried about their money, and make all efforts to recover the money, including taking over the collateral. In conventional banks charging interest does not stop unless specific exception is made to a particular defaulted loan. Interest charged on a loan can be multiple of the principal, depending on the length of the loan period. A. Conventional Bank functions: Banking laws forbid banks from dealing through profit and loss-sharing investment. Banks receive loans from the public in the form of deposits, and restrict their activities – according to lawyers and economists – to lending and borrowing with interest, thus creating credit through lending deposited funds with interest. B. Conventional Bank relationship with depositors: Religious-law (shar˘i) and secular-law characterizations of the relationship between depositors and banks is one of loans, not agency. This is how general and banking laws characterize the relationship. In contrast, investment agency is a contract according to which an agent invests funds on behalf of a principal, in exchange for a fixed wage or a share in profits. In this regard, there is a consensus [of religious scholars] that the principal owns the invested funds and is therefore entitled to the profits of investment and liable for its losses, while the agent is entitled to a fixed wage if the agency stipulated that. Consequently, conventional banks are not investment agents for depositors. Banks receive funds from depositors and use them, thus guaranteeing said funds and rendering the contract a loan. In this regard, loans must be repaid at face value, with no stipulated increase. C. Conventional Bank interest is a form of forbidden riba Banks’ interest on deposits is a form of riba that is forbidden in Qur˘ an and Sunna, as previous decisions and fatawa have concurred since the second meeting of the Islamic Research Institute in Cairo, Muharram 1385 A.H., May 1965 A.D., attended by eightyfive of the greatest Muslim scholars and representatives of thirty-five Islamic countries. The first decision of that conference stated: “Interest on any type of loan is forbidden riba.” The same decision was affirmed by later decisions of numerous conferences, including.

D. Prespecification of investment profits in amount, or as a percentage of the invested capital


The five elements mentioned above give Islamic banking and finance its distinctive religious identity, and we now briefly explain each in turn. Riba Perhaps the most far-reaching and controversial aspect of Islamic economics, in terms of its implications from a Western perspective, is the prohibition of interest (riba). The payment of riba and the taking of interest as occurs in a conventional banking system is explicitly prohibited by the Holy Qur’an, and thus investors must be compensated by other means. It is further stated in the Holy Qur’an that those who disregard the prohibition of interest are at war with God and His Prophet Muhammad. Haram/halal A strict code of ‘ethical investments’ operates for Islamic financial activities. Hence Islamic banks cannot finance activities or items forbidden (that is, haram) in Islam, such as trade of alcoholic beverages and pork meat. Furthermore, as the fulfilment of material needs assures a religious freedom for Muslims, Islamic banks are encouraged to give priority to the production of essential goods which satisfy the needs of the majority of the Muslim community. As a guide, participation in the production and marketing of luxury activities, israf wa traf, is considered as unacceptable from a religious viewpoint when Muslim societies suffer from a lack of essential goods and services such as food, clothing, shelter, health and education. Gharar/maysir Prohibition of games of chance is explicit in the Holy Qur’an (S5: 90–91). It uses the word maysir for games of hazard, derived from usr (ease and convenience), implying that the gambler strives to amass wealth without effort, and the term is now applied generally to all gambling activities. Gambling in all its forms is forbidden in Islamic jurisprudence. Along with explicit forms of gambling, Islamic law also forbids any business activities which contain any element of gambling (Siddiqi, 1985). The shari’a determined that, in the interests of fair, ethical dealing in commutative contracts, unjustified enrichment through games of pure chance should be prohibited. Zakat According to the Holy Qur’an, God owns all wealth, and private property is seen as a trust from God. Property has a social function in Islam, and must be used for the benefit of society. Moreover, there is a divine duty to work. Social justice is the result of organizing society on Islamic social and legal precepts, including employment of

productive labour and equal opportunities, such that everyone can use all of their abilities in work and gain just rewards from that work effort. Justice and equality in Islam means that people should have equal opportunity and does not imply that they should be equal either in poverty or in riches (Chapra, 1985). However, it is incumbent on the Islamic state to guarantee a subsistence level to its citizens, in the form of a minimum level of food, clothing, shelter, medical care and education.The major purpose here is to moderate social variances in Islamic society, and to enable the poor to lead a normal, spiritual and material life in dignity and contentment. Shari’a board In order to ensure that the practices and activities of Islamic banks do not contradict the Islamic ethics, Islamic banks are expected to establish a Religious Supervisory Board. This board consists of Muslim jurists, who act as independent Shari’a auditors and advisers to the banks, and are involved in vetting all new contracts, auditing existing contracts, and approving new product developments. Also the Shari’a Board oversees the collection and distribution of zakat. This additional layer of governance is quite different from that for a conventional bank (Algaoud and Lewis, 1999).

The important modes of financing are 1. Musharakah 2. Mudarabah 3. Murabaha 4. Salam 5. Istisna 6. Ijaraha

Musharakah Musharakah means a relationship established under a contract by the mutual consent of the parties for sharing of profits and losses in the joint business. It is an agreement under which the Islamic bank provides funds, which are mixed with the funds of the business enterprise and others. All providers of capital are entitled to participate in management, but not necessarily required to do so. The profit is distributed among the partners in pre-agreed ratios, while the loss is borne by each partner strictly in proportion to respective capital contributions. Mudarabah

A form of partnership where one party provid es the funds while the other provides expertise and management. The latter is referred to as the Mudarib. Any profits accrued are shared between the two parties on a pre-agreed basis, while loss is borne by the provider of the capital. Murabaha Literally it means a sale on mutually agreed profit. Technically, it is a contract of sale in which the seller declares his cost and profit. Islamic banks have adopted this as a mode of financing. As a financing technique, it involves a request by the client to the bank to purchase a certain item for him. The bank does that for a definite profit over the cost, which is settled in advance. Salam Salam means a contract in which advance payment is made for goods to be delivered later on. The seller undertakes to supply some specific goods to the buyer at a future date in exchange of an advance price fully paid at the time of contract. It is necessary that the quality of the commodity intended to be purchased is fully specified leaving no ambiguity leading to dispute. The objects of this sale are goods and cannot be gold, silver or currencies. Barring this, ′Salam covers almost everything, which is capable of being definitely described as to quantity, quality and workmanship. Istisna It is a contractual agreement for manufacturing goods and commodities, allowing cash payment in advance and future delivery or a future payment and future delivery. Istisna can be used for providing the facility of financing the manufacture or construction of houses, plants, projects, building of bridges, roads and highways. Ijaraha A contract under which an Islamic bank finances equipment, building or other facilities for the client against an agreed rental together with a unilateral undertaking by the bank or the client that at the end of the lease period, the ownership in the asset would be transferred to the lessee. The undertaking or the promise does not become an integral part of the lease contract to make it conditional. The rental as well as the purchase price are fixed in such manner that the bank gets back its principal sum along with profit, which is usually determined in advance.

DIFFERENCE BETWEEN ISLAMIC BANKING AND CONVENTIONAL BANKING:The Shari‟ah essentially means a way of doing things. This ought to reflect in the working of Islamic banks at all levels: from doing transactions to record-keeping and the skill-profile of the manpower. The conventional banks may not move into the turf of the Islamic banks if there are fundamental differences between the requirements of interest-based banking and Islamic banking. Otherwise, chances are that interest based banks may give Islamic banks a run for their money through “Islamic windows”. Islamic Banks The features of Islamic Banking Operations under Shariah percept are enumerated below to identify the basic differences between Conventional and Islamic Banks.

The fundamental difference between Islamic banks and the existing commercial banks is the avoidance of riba in Islamic banking. Islamic banks are also universal or multipurpose banks and not purely commercial banks - a cross-breed between commercial banks and investment banks, investment trusts and investmentmanagement institutions. Since the Islamic bank would share in the risks of the consignment, venture, business or indemnity, it would need to be more careful in the evaluation of applications. The activities of the bank will be based on the commercial transactions allowed in Islam, including mudarabah, ijara, bai bi-thamin ajil and murabahah.

The objectives of these Islamic banks in general have been to promote, foster and develop the application of Islamic principles, law and tradition to the transaction of financial, banking and related business affairs. The main principles followed by the Islamic banks are: (a) prohibition. of interest in all forms of transactions; (b) undertaking business and trade activities on the basis of legitimate profits; and (c) giving zakat. Moreover Islamic banks receive two types of deposits: (a) deposits not committed for investment which take the form of current accounts or savings accounts; and (b) deposits committed for investment which are called investment accounts. The current account is operated in the same way as it is operated in the conventional banking system, but the saving accounts and investment accounts are operated differently. 1. Savings account This is an account where customers can deposit their savings. Though the depositors allow the bank to use their money, they get a guarantee of getting the full amount from the bank. The bank guarantees their savings but is not obliged to pay any rewards to the savers. Some banks, however, may pay cash rewards from their profits at the end of the financial year or give some privilege to the holders of these accounts as for example providing financial assistance for small projects. 2. Investments accounts The account holder authorises the bank to invest the money in any of its projects and after the expiry of the specified period the account holder will get an agreed share of the profits. The facilities that are provided by the Islamic bank will in general be similar to those provided by other commercial banks. Its customers can maintain current accounts and deposit accounts, however no interest is payable. In addition, the customers can deposit their moneys in the investment accounts in which the profits and h will be shared with the bank. The Islamic bank can also provide services for the transmission and transfer of money, the purchase and sale of currency and the financing of trade documents, for all of which the Islamic bank can charge commissions. In addition, the Islamic banking business provided by the bank includes the methods of mudarabah, musyahrakah, bai bi-thamin ajil, murabahab, wadiah and ijara. a) Relationship:Basically the relationship between Islamic Bank and its customers is not of debtor and creditor, but it is something of sharing risk and rewards. So the relationship

emerges as Mudarib and Rabbul Maal. This basic assumption leads to the following two things. No predetermined fixed return on customer‟s deposits.No liability on the part of Islamic Bank being Mudarib to owners of deposits (Rabbul Maal) to return their funds in full on demand except the deposits in current account and provided the Bank has not been negligent in investing the funds to earn profit. No predetermined fixed return on customer‟s deposits.No liability on the part of Islamic Bank being Mudarib to owners of deposits (Rabbul Maal) to return their funds in full on demand except the deposits in current account and provided the Bank has not been negligent in investing the funds to earn profit. b)Sharing Profit/Loss:Islamic Bank share profit in pre-determined and declared ratio and the capacity of Mudarib and in case of loss they sacrifice the management services rendered for operational activity. Islamic Bank, however, shares the loss on investment of its equity. This ensures justification equity and equality for correct payment of profit or sharing loss. c) Finances to customer :Unlike conventional bank, Islamic Bank does not allow cash loans. Islamic Bank invests funds either through participation (Musharka / Mudarbah) or in the form of Islamic Instrument like Murabaha and Ijarah Funds and other Islamic compliant mode of financing. d) Multi-purpose bank:Islamic Bank deals in short term, medium term and long-term investment in various modes of financing including equity participation. So it is a multi-purpose Bank, functions as commercial as well as investment bank and plays the role of Non-Banking Financial Institution (NBFI). e) Use of financial resources:Islamic Banks uses the financial resources in productive activities thereby developing society as a whole, while conventional Bank attracts financial resources and lends them without directing towards business or productive preposition to earn profit. Although the profit is also kept in mind by Islamic banking too but the same is not the main objective. f) Equity base banking:Islamic Banking is basically equity based as funds are employed in shirkah to share profit, while the conventional has no concern to this effect. It only places funds at the disposal of the borrower for a fixed return.

g) Value Oriented: Islamic Banking system is value oriented while conventional banking system is valueneutral. Islamic Bank shares profit earned by the Bank‟s Funds while Conventional Bank has no concern with the generation of income or sustaining loss by utilization of funds. h) Review & Audit:Islamic Bank is required to be viewed by Shariah audit in addition to the normal audit, while the conventional bank is satisfied with statutory audit only. It is important to mention that the Shariah does not prohibit all gains on capital. It is only the increase stipulated or sought over the principal of a loan or debt that is prohibited. Islamic principles simply require that performance of capital should also be considered while rewarding the capital. Profit has been recognized as „reward‟ for (use of) capital and Islam permits gainful deployment of surplus resources for enhancement of their value. However, along with the entitlement of profit, the liability of risk of loss rests with the capital itself. No other factor can be made to bear the burden of the risk of loss. Financial transactions, in order to be permissible, should be associated with tangible real assets. At macro level, this feature of Islamic finance can be helpful in creating better discipline in conduct of fiscal and monetary policies.

The main difference between Islamic and conventional banking is that Islamic teaching says that money itself has no intrinsic value, and forbids people from profiting by lending it, without accepting a level of risk – in other words, interest (known as "riba") cannot be charged. To make money from money is prohibited – wealth can only be generated through legitimate trade and investment. Any gain relating to this trading are shared between the person providing the capital and the person providing the expertise. At Islamic Bank of Britain, we generate all our profit through sharia’a compliant trading and investment activities. We then share the profits with our customers at a pre-agreed ratio. In order to share profits you must hold one of our savings or investment accounts There are two major difference between Islamic Banking and Conventional Banking: 1. Conventional banking practices are concerned with "elimination of risk" where as Islamic banks "bear the risk" when involve in any transaction. 2. When Conventional banks involve in transaction with consumer they do not take the liability only get the benefit from consumer in form of interest whereas Islamic banks bear all the liability when involve in transaction with consumer. Getting out any benefit without bearing its liability is declared Haram in Islam.

While the basics of what the business is are the same, the term refers to operating the business within Islamic law. The main thing that effects this business under that law is that Islam prohibits the charging of interest. Certainly a problem in modern banking! However, what is considered to be interest has different definitions by different Islamic scholars...some say it can only be considered on gold and silver...but paying back the same weight as you borrowed (the same weight of paper money for example), is not interest. Like in all religious things, there would seem to be some conflict and differences between followers that may seem strange to outsiders. So basically, modern Islamic banking may take many forms, each of which strives to adhere to it's understanding of Islamic law. Fundamental differences between Islamic and conventional banking Islamic banking An advance step toward achievement of Islamic economics Try to ensure social justice/ welfare or the objectives of shari’a Flow of financial resources is in favour of the poor and disadvantaged sections of society Prepare and implement investment plans to reduce the income inequality and wealth disparity between the rich and poor Make arrangements for investment funds for assetless, poor but physically fit people Conventional banking Part of the capitalistic interest-based financial system Not concerned Not concerned


2 3


Increase the gap


All plans are taken out for the rich

Islamic banking is unique, but by no means anomalous. It is neither at odds with nor incomparable to conventional banking. Is it possible to contrast the two models? I-They are both financial intermediations.

A financial intermediary is the institution that acts as a middleman between cash surplus units (savers) and deficit spending units (users of fund). It is quite obvious that the main function of conventional banks is financial intermediation. However, there are those who would like to think that there is no such thing in the Islamic economic system as financial intermediation and that an Islamic bank can only be “sufficiently” Islamic if it can operate like a trader, one who buys and sells goods and commodities. The financial intermediary in conventional banking is a “borrowerlender” institution. Since such institution will not survive unless it at least covers expenses, then an income must be generated from such arrangement. This is where interest appears. An Islamic bank, on the other hand, is based on a multi-tier Mudarabah. A Mudarabah is a partnership in profit where capital and management may join together to create value. The income accruing to the Islamic financial intermediary is coming out of profit not from interest. The root of such a conception is the fact that Shari'ah doesn’t distinguish between a seller being a trader or a final intermediary, unlike positive law where civil law is different from commercial law. In Shari'ah all people stand against one legal code. II-A case in mind is Murabaha. There are those who say if an Islamic bank does Murabaha any other form but the traders way of doing things it will not be permissible from Shari'ah point of view, and an Islamic bank would be in their view a “dubious” conventional bank. They say: since it is never the intention of the bank, to own there assets and hold on to them then, such bank is not sufficiently Islamic. According to this viewpoint, an Islamic bank must have huge warehouses and elegant stores full of goodies for sale. This is not valid and those who think so miss two important points: Intention is of no consequence on the permissibility or otherwise of any exchange contract in Shari'ah. In an authentic Hadith, the Prophet (PBUH) showed one companion how to substitute a usurious transaction by another non usurious to reach the same purpose, He (PBUH) didn’t object to the intention nor that he nullified the contract on the basis of intention. Rather he corrected the form of contract. If the anatomy of the contract is in line with Shari'ah requirements, then the transaction is acceptable. Hence, if bank actually buys and then sells, with ownership passing from seller to buyer and that the subject of contract is a good or commodity then the transaction is correct. In conventional banking the subject of contract is money hence any increase is usurious. III-The way conventional banks render financial intermediation is very simple. They borrow money and lend money. Both assets and liabilities are one form of lending. Islamic banking function in a rather “elaborate” (not perplexing) way. They have to continuously innovate to satisfy the needs of their clients. It is because of this we see Murabaha, Musharakah, Mudarabah, Istisna’a, Salam to name just a few Islamic modes

of finance. This makes the job of an Islamic banker “not all roses”, but certainly a more interesting one. IV-A conventional banker is a risk manger. He is concerned with all kind of credit, market, interest rate, legal and other risk factors. An Islamic banker should be just as concerned. However, there is one added risk for the Islamic banker, this is what we may call “Shari'ah disobservance risk”. Risk analysis refer to the forces that may cause the outcome of investment to be sub optimal. Certainly an Islamic investor earning nonpermissible income is an outcome that is most undesireous, and it may cause the value of his investment to be reduced. Clearly, this is a disadvantage from two aspects: Firstly, an Islamic bank will not have the opportunity in a Murabaha transaction for example, to be compensated for lost profit. But more importantly, it increases significantly, the Murabaha risks. Since bank clients are rational people who will seize an opportunity when they see one, they will always delay payment. One major Ijtihad of contemporary

Motivation and renewed interest in Islamic finance industry stems from its strong economic, financial and social considerations, backed by its unique features. Most significant is its appeal to add to financial diversity and innovation being skewed towards: (i) Asset backed and equity based transactions, which promote entrepreneur friendliness and consideration of project viability (ii) Equitable distribution of risks and rewards among the stakeholders; (iii) inculcating market discipline and higher ethical standards given its emphasis on non-exploitation and social welfare. In the wake of high Asian domestic savings rates and build up of the region’s foreign exchange reserves as well as oil surpluses of Middle East in the last few years, Islamic finance is now also emerging as a way to wealth management, both of richer nations and high net worth individuals.

8.2 Insurance and Takaful

In the ninth declaration at the second session of the Fiqh Academy of the Organization of Islamic Conference, the academy ruled that conventional insurance is forbidden, with the notable dissent by the late Professor Mustafa Al-Zarqa. Professor Al-Zarqa’s opinion, as published in research papers dating back to 1961, had been to permit conventional insurance of all kinds, subject to some conditions on insurance company investment vehicles to avoid riba. A number of recent opinions were based on his analysis, which contradicts the Fiqh Academy’s. The latter series of opinions culminated in a recent fatwa by the Grand Mufti of Egypt, Dr. Ali Jum a, which deemed conventional insurance permissible, provided that some minor modifications are made to typical insurance contracts used therein. THE CHALLENGES FACING INDIVIDUAL ISLAMIC BANKS Impressive as the growth record of individual Islamic banks may be, the fact is that at present, those banks have mostly served as intermediaries between the financial resources of Muslims and major commercial banks in the West. In this context, this has been a one-way relationship, so far. There is still no major Islamic bank that has been able to develop ways and means of intermediating between Western financial resources and the demand for them in Muslim countries. It also appears that individual Islamic banks face difficulties in fund placement because they have had a major bias towards short-term, secured, low-return but liquid investments. The challenge for these institutions stems from motivational and technical factors. Motivationally, their basic aim appears to have been that of demonstrating the viability of Islamic banking without taking too many risks. Admittedly, this is a noble and a very important objective, While there is considerable room for competition and expansion in this field, the long-term survivability of individual Islamic banks will depend on how rapidly, aggressively, and effectively they can develop techniques and instruments that would allow them to carry on a two-way intermediation function. They need to find ways and means of developing marketable Shari‘ah-based instruments by which asset portfolios generated in Muslim countries can be marketed in the West as well as marketing Shari’ah-based Western portfolios in Muslim communities. The challenge of adopting an Islamic financial system The most important challenge for Islamic banking is in its system-wide implementation. At present, many Islamic countries suffer from financial disequilibria that frustrate attempts at wholesale adoption of Islamic banking. Financial imbalances in the fiscal, monetary and external sector of these economies cannot provide fertile ground for efficient operation of Islamic banking. Major structural adjustments particularly in fiscal and monetary areas are needed to provide Islamic banking with a level playing field. Additionally, adoption of a legal framework of property ownership and Contracts that

would clearly specify the domain of private and public property rights as well as stipulation of legally enforceable rights of parties to contract that fully reflect the requirements of the Shari’ah, are necessary to allow an operational framework conducive to efficient operation of Islamic banking. While Muslim countries may, for legitimate reasons, opt for an Islamic financial system, for the economy as a whole to benefit fully from the operations of such a system, it is necessary that (a) government expenditures are fully rationalized, (b) revenues from taxation, and those derived from property legitimately placed within the government domain by the Shari’ah, are raised to meet the expenditure needs the government, (c) the financial sector is liberalized so that returns to this sector reflect returns to the real economy, (d) equity markets are developed to allow financing of investment projects outside banking institutions, and, finally, (e) the structure of the banking system should be such as to allow strong banking supervision and prudential regulation commensurate with the risks involved in various transactions.* To accomplish the last objective, the banking structure can be tiered in accordance with principal Islamic financial transactions. It is reasonable to assume that risks involved in Musharakah or Mudarabah financing, are different from those involved in trade-type financing. It follows, therefore, that prudential regulations of these transactions should be different.