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Arab Law Quarterly 24 (2010) 293-308 brill.nl/alq
Abstract
This research evaluates three reasons against the use of interest. One reason is that interest
is a tool of exploitation. It contradicts facts because nowadays ultimate borrowers are busi-
nessmen and ultimate lenders are salaried individuals, the former being financially better
off than the latter. The second reason is that interest-based external financing leads to
unfair distribution of profits. Although this reasoning is not wrong, it is not very appeal-
ing in positive economics. Having noted that risk aversion is applauded in both conven-
tional and Islamic economics, this author has propounded a third reason which states that
the risk of an investment is least when financed exclusively by equity. This reasoning is
easily understandable to conventional economists and is proved mathematically in this
article. Therefore it provides a sound economic footing for prohibition of interest.
Keywords
economic rationality; usury; bank interest; debt equity ratio; risk aversion, portfolio theory
1. Introduction
Although experimentation with interest-free banking has been ongoing
for about half a century, its logic is still not so clear to the Western mind.
Islam categorically prohibits the use of interest, but its sources of law do
not specify any clear-cut economic reasoning for its prohibition.1 How-
ever, in order to satisfy enquiring minds, Muslim jurists and economists
have provided, roughly speaking, two main reasons so far. One is that
legitimacy of interest paves the way towards exploitation of the poor by
the rich. The other is that legitimacy of interest generally leads to unfair
1
To understand why, see Emad H., “An Overview of the Sharia’a Prohibition of Riba”
in: (Ed.) Thomas, Abdulkader, Interest in Islamic Economics; Understanding Riba (Rutledge:
London, 2006).
© Koninklijke Brill NV, Leiden, 2010 DOI: 10.1163/157302510X508346
294 M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308
2
This is the majority view of contemporary Muslim economists as they equate usury
with bank interest. See Rehman, Abdul Rahim Abdul, “Islamic Banking and Finance;
Between Ideals and Realities”, IIUM J. Econ. Management, 15(2) (2007) 123-141; Iqbal,
Zamir and Mirakhor, Abbas, An Introduction to Islamic Finance; Theory and Practice, Ch. 3
(Vanguard Books: Lahore, 2008).
3
See, Mishkin, Frederic S., The Economics of Money, Banking and Financial Markets,
6th edn. (Addison-Wesley: New York, 2001) where it is stated that the principal lenders–
savers are households and the most important borrowers–spenders are businesses and the
government in the US economy which is also true in general around the world.
M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308 295
nomically correct’ is not ‘Islamically correct’, and vice versa. Where one
approach sees man as inherently selfish, the other considers him altruistic
and virtuous.”4 Hence, this view renders prohibition of interest out of the
realm of positive economics.
That is why a vocal minority of Muslim jurists and a vast majority of
silent Muslim masses, like people in the West, believe that religion has
prohibited only usury, not bank interest.5 Bank interest that was actually
invented centuries after the onset of Islam, the last God-revealed religion,
is determined first and foremost by forces of supply and demand and then
remains almost the same for all bank borrowers, irrespective of their
financial positions and of their intended use of borrowed funds, whether
for consumption or for business purposes. Also in case of default of a
business or a firm for which its managers or owners have borrowed
money, neither the personal property of the managers or owners is confis-
cated nor is the issue of their personal liberty addressed as it used to be in
days of old.6 For these reasons, bank interest, as they argue, should be
considered a legitimate outcome of modern times and not be equated
with usury that is also prohibited in the West.
The second reasoning is problematic in that it is normative in nature,
implying discontinuation of an ongoing mode of contracting on social
grounds. That is, it justifies prohibition of interest on the pretext of unfair
distribution of profits. However, in economics, there are many other
unfair or suboptimal situations like monopoly pricing, subsistence wage
rate, scarcity rent and involuntary unemployment which are tolerated as
natural outcomes of free play of market forces and, thus, are not prohib-
ited by the state. Therefore, if prohibition of interest because of unfair
distribution of actual profits is enforced by the state, as Muslim scholars
have recommended, then Islamic economics would deny the right of ‘free
4
See Warde, Ibrahim, Islamic Finance in the Global Economy (Edinburgh University
Press: Edinburgh, 2000), p. 45.
5
A number of authors share this view. See, e.g., Mallat, Chibli (1996) “Tantawi on
Banking” in: (Eds.) M. Khalid Masud et al., Islamic Legal Interpretations: Muftis and Their
Fatwas (Harvard University Press); Jafarey, N.A., “What is Riba?”, J. Islamic Bank. Fin., 12/1
(1995) 50-52; Pal, Izzud-Din (1994) “Pakistan and the Question of Riba”, Mid. East.
Studies, 30/1 (1994) 64-78; Shah, Sayed Yaqub (1959) “Islam and Productive Credit”,
Islamic Rev., 47/3 (1959) 34-37; and Ulgener, Sabri F., “Monetary Conditions of Eco-
nomic Growth and the Islamic Concept of Interest” Islamic Rev., 55/2 (1967) 11-14.
6
See Kuran, Timur, Islam and Mammon; The Economic Predicaments of Islamism (Princ-
eton University Press: Princeton, NJ, 2004) where on p. 39 he states that, at the time
when Islam was revealed, defaulting borrowers were usually enslaved.
296 M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308
7
See Warde, op cit., Ch. 3.
8
See, e.g., Colander, David et al. (2009) “The Financial Crisis and Systemic Failure of
Academic Economics”, Kiel Working Paper 1489.
9
This concept is explained in every textbook of finance. In particular, see Fabozzi,
Frank J. and Modigliani, Franco, Capital Markets; Institutions and Instruments, 3rd edn.
(Pearson Education: New Delhi, 2003) p. 138.
M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308 297
The PFPI resembles the FPI so closely that any student of economics who
acknowledges FPI as a true representation of reality can hardly object to
any part of the PFPI. Furthermore, looking at the utmost emphasis on
FPI in portfolio theory, one can safely predict that the PFPI can go a long
way in the development of corporate finance. Therefore, the ‘null hypoth-
esis’ of this research says that ‘the variance of a given investment is less if
it is financed exclusively on a PLS-basis.’ The alternative hypothesis is that
the variance in the same investment is less if it is financed by a mix of
debt and equity. The expected return of a given investment remains the
same irrespective of the mode of external financing and that is why both
the null and alternative hypotheses are set with respect to risk only.
This paper is divided into five sections. Section 2 explains how an
investor achieves the objective of FPI. Section 3 explains PFPI and illus-
trates its relevance in positive economics. On the basis of PFPI, it also
develops a hypothesis within the contours of positive economics, which,
if accepted, would mean that prohibition of interest is economically logi-
cal and which, if rejected, would ascertain the current view that prohibi-
tion of interest can be justified on normative grounds only. Section 4
contains mathematical proof of this hypothesis. Section 5 presents the
important conclusions of this research.
10
See Siddiqi, M.N., “Islamic Banking and Finance”, a lecture delivered at UCLA in a
Fall 2001 seminar. http//www.international.ucla.edu/printasp?parentid=15056
298 M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308
every aspect of portfolio design from allocating across different asset classes
to selecting assets within each asset class to performance evaluation.”11
There are two main features of every investment: expected return and
risk. Between them, the former is desirable and the latter undesirable.
Therefore, a trade-off must be made between them. An investor, who
seeks a relatively higher expected return, must also be willing to accept a
relatively higher risk. In his seminal article, Tobin illustrated how the
objective of this principle can be achieved.12 An investor who is not will-
ing to accept any risk must be holding his money in cash or in checking
deposits. On the other hand, an investor who is willing to bear an accept-
able level of risk can choose from a menu of risky assets like savings or
time deposits in a commercial bank, bonds, stocks, real estate and physi-
cal investment.
For example, if he puts his money in savings or time deposits, then he
would earn due interest income but at the same time would be facing the
risk of his bank’s bankruptcy and illiquidity of savings or time deposits
relative to cash or checking deposits. Similarly, if he buys stocks, then he
would earn dividend as income but he would also face risk of loss in share
values and illiquidity of stocks. According to the Markowitz portfolio
theory, an investor who is willing to bear a higher risk must be compen-
sated with a higher expected return.13 Therefore, if risk of a bank’s bank-
ruptcy and illiquidity of savings or time deposits is less than the risk of
loss in share values and illiquidity of stocks, then the required rate of
return on stocks must be greater than the interest rate paid to bank depos-
itors and vice versa.
If an investor wants to buy a single stock or a portfolio of selected
stocks, according to the Capital Asset Pricing Model, then he should
select the one whose ratio of expected return in access of risk-free rate to
risk on that particular stock or portfolio of selected stocks is greater than
the ratio of expected return on market portfolio in access of risk-free
interest rate to risk on market portfolio.14 In this formulation, risk on the
11
See Damodaran, Aswath (2008) Strategic Risk Taking; A Framework for Risk Manage-
ment, Wharton School Publishing, New Jersey.
12
See Tobin, James (1958) “Liquidity Preference in Behavior toward Risk” Review of
Economic Studies February pp. 65-86.
13
For better understanding of this concept, see Markowitz, Harry M., “Portfolio Selec-
tion”, J. Finance, March (1952) pp. 77-91.
14
Levy, Haim and Sarnat, Marshall, Capital Investment and Financial Decisions, 4th edn.
(Prentice Hall: New York, 1990) illustrate this theory with examples in Ch. 12.
M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308 299
15
Fabozzi and Modigliani, op cit., give exact formulae for calculation of variance and
covariance for a single stock and a portfolio of stocks in Ch. 9.
16
See Ch. 1 of Levy, Haim, Stochastic Dominance; Investment Decision Making under
Uncertainty, 2nd edn. (Springer: New York, 2006) where he describes these measures of risk.
17
See Levy and Sarnat, op cit., for expected utility hypothesis, portfolio theory and
CAPM; and Levy, ibid., for stochastic dominance.
300 M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308
exclusively on equity basis.’ The alternative hypothesis is that the risk and
return profile of an investment improves if it is financed on both PLS and
debt bases. Clearly if the null hypothesis is accepted, then it will establish
that prohibition of interest in Islam also makes economic sense and if the
alternative hypothesis is accepted then it will verify the current view that
prohibition of interest is mainly for normative reasons.
Due to the dearth of data on such investments that are financed totally
on equity basis, empirical research may not be conclusive. In the real
world, most of the investments, particularly those on a medium to large-
scale, are carried out by a mix of equity and debt financing. Therefore, the
null hypothesis is proved only mathematically in the following section. In
this regard, the same parameters, expected return and variance, are used
that are being used, in the literature, to achieve the objective of FPI.
As can be seen from the statements of the two hypotheses, the main dif-
ference between them is that the FPI focus of analysis is on an investor/
financier while that of the PFPI is on an investment. Since an investment
includes both financiers and users of funds, therefore it can be argued that
PFPI is holistic in nature. In other words, if the risk and return profile of
an investment financed on PLS basis turns out better than the risk and
return profile of the same investment financed on debt basis, then it will
indicate that debt financing generates a negative externality for the coun-
ter-party of underlying investment.
Another subtle difference between the two hypotheses is that FPI pre-
sumes permissibility of interest-based lending and borrowing on the pre-
text of human liberty to choose a gainful act or contract, whereas PFPI
will evaluate economic rationality of interest-based lending and borrow-
ing. If a mix of debt and equity financing as compared to exclusive equity
financing improves risk and return profile of a given investment, then
interest-based financing will qualify the test of economic rationality, oth-
erwise it will not.
18
See Ellsberg, Daniel, “Risk, Ambiguity and Savage Axioms” Quart. J. Econ., 75 (1961)
643-669.
M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308 303
only if, C < μx/2, otherwise it is equal or less. But expected return for n/2
shareholders and the lender altogether under the conventional setup is the
same as for all n shareholders under the Islamic setup, which is also equal
to the expected return of the investment when financed internally. On the
other hand, variance for an individual shareholder under the conventional
setup, 4σ 2/n2, is quadruple of that for an individual shareholder under the
Islamic setup, σ 2/n2. However, variance for n/2 shareholders and the
lender altogether under the conventional setup, 2σ 2/n, is just double of
that for all n shareholders under the Islamic setup, σ 2/n.
By relaxing the initial assumption of a 50:50 debt equity ratio, two
arbitrary debt equity ratios, 40:60 that is less and 60:40 that is greater
than 50:50, are considered. For a 40:60 debt equity ratio, the correspond-
ing number of shares to be issued becomes (3/5)n under the conventional
setup. Consequently, expected return for an individual shareholder out of
total (3/5)n shareholders under the conventional setup turns out to be
3( μx – C )/5n as shown in the second column of Table 2. It is greater than
that for an individual shareholder under the Islamic setup, if and only if,
C < 3μx/5, otherwise it is equal or less. However, variance for each of
the (3/5)n shareholders, shown in column three of Table 2 becomes
25σ 2/9n2 as compared with variance of a shareholder under the Islamic
setup, σ 2/n2. Expected return for all shareholders and the lender, not
reported in Table 2, remains the same as in the case of a 50:50 debt equity
ratio, but variance for them under the conventional setup reported in col-
umn four becomes 5σ 2/3n.
On the same lines, for a 60:40 debt equity ratio, the corresponding
number of shares to be issued becomes (2/5)n. Consequently expected
return for an individual shareholder under the conventional setup comes
out 2( μx – C)/5n that is greater than that for a shareholder under the
Islamic setup, if and only if, C < 2μx/5, otherwise it is less or equal. How-
ever, variance for each shareholder becomes 25σ 2/4n2 as compared with
the variance of a shareholder under the Islamic setup, σ 2/n2. Expected
return for all shareholders and the lender does not change but variance
for them becomes 5σ 2/2n that is 2½ times greater than that under the
Islamic setup.
Assuming the three debt equity ratios given in Table 2, it is shown that
risk of investment under the conventional setup increases along with
every increase in the debt equity ratio. It is interesting to note that corre-
sponding to similar increases in the debt equity ratio, expected return for
an individual shareholder under the conventional setup may increase,
M.M. Iqbal / Arab Law Quarterly 24 (2010) 293-308 305
iv) For all shareholders and lenders altogether under the conventional
setup, expected return remains same as for all shareholders under
the Islamic setup irrespective of the debt equity ratio.
v) For all shareholders and lenders altogether under the conventional
setup, risk is definitely greater than that for all shareholders under
the Islamic setup corresponding to every positive debt equity
ratio.
vi) Under the conventional setup, risk for an individual shareholder as
well as for all shareholders and lenders altogether increases at an
increasing rate corresponding to successive and similar increases in
debt equity ratio.
vii) Under the conventional setup, the rate of increase in risk for an
individual shareholder corresponding to successive and similar
increases in debt equity ratio is greater than that for all sharehold-
ers and lenders altogether.
5. Conclusions