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I

Global Report on
Islamic Finance 2018

The Role of Islamic


Finance in Financing
Long-term Investments

III
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IV
Contents
EXECUTIVE SUMMARY XXIII
OVERVIEW 1
Chapter 1
Financing for Long-term Investments: A Risk-Sharing Islamic Finance Model 13
1.1 Introduction 13
1.2 Why Long-term Financing? 14
1.3 A Global Perspective on the Long-term Financing Gap 17
1.3.1 Long-term Financing for Infrastructure Investment 17
1.3.2 Long-term Financing for Firm-level Private Investments 18
1.3.3 Long-term Financing for Government Budgetary Support 18
1.4 Needs and Role of Private Sector, Government Sector, and Voluntary Sector in
Generating Long-term Finance 18
1.5 Key Impediments in Mobilizing Financing for Long-term Investments 21
1.5.1 Systemic Factors 21
1.5.2 Demand Factors 22
1.5.3 Supply Factors 24
1.6 Sustainability in Long-term Investment Financing 26
1.6.1 A Critique of the Status Quo 26
1.6.2 Risk-sharing Long-term Finance: A Viable Alternative? 27
1.7 Theoretical Framework for Acquiring Long-term Investment: An Islamic Finance Perspective 28
1.7.1 An Institutional Foundation in Line with Islam’s Rules of Behavior 30
1.7.2 Accountable Governance and Legal System 31
1.7.3 Long-term Investment Horizon 33

V
1.7.4 Risk-sharing−based Fund Mobilization 34
Chapter 2
An Empirical Islamic Finance Framework for Financing Long-Term Investment 41
2.1 Factors Affecting Risk-Sharing Long-Term Finance 42
2.1.1 Macroeconomic and Political Stability 42
2.1.2 Institutional Development 43
2.1.3 Risk Sharing 43
2.2 Relative Status of Financial Development and Long-term Financing in OIC Countries 45
2.2.1 Financial Development 45
2.2.2 Long-Term Financing 47
Chapter 3
Developments and Challenges in the Islamic Financial Sector 55
3.1 Sectoral Development 55
3.1.1 The Status of the Islamic Banking Sector in Financing Long-term Investment 55
3.1.2 The Role and Status of Islamic Capital Markets in Strengthening Long-term Financing 57
3.1.3 Insurance Companies and the Takāful Market 64
3.1.4 Other Institutional Investors 66
3.1.5 Investment with the Voluntary Sector: Blended Finance 71
3.1.6 FinTech for Long-term Islamic Finance 71
3.2 Challenges in Mobilizing Islamic Finance for Long-Term Investments 74
3.2.1 Dominance of the Islamic Banking Subsector 74
3.2.2 Lack of Prerequisites for Risk-sharing–based Islamic Finance 74
3.2.3 Market Failures and Policy Distortions 75
3.2.4 Lack of Awareness of the Full Cost of Risk Transfer 75
3.2.5 Underutilization of the Islamic Social Sector 75
3.3 Challenges in Using Islamic Finance for Economic Development 75
Chapter 4
Policy Response to Development of Islamic Financial Industry for Long-Term Financing 81
4.1 Introduction 81
4.2 Developments in the Legal and Regulatory Regimes for Islamic Finance 81
4.3 Status and Developments in Legal and Regulatory Environment Related to
the Islamic Financial Services Industry 83
4.4 Policy Response—Unlocking Maturities in Islamic Finance 90

VI
Chapter Attributions 100
Boxes
1.1 Long-term Investment and Structural Transformation in the Asia-Pacific Region 16
1.2 The Conceptual Difference between Debt and Equity 28
1.3 Equity Funding in Practice 32
1.4 Whither Tax Code Favoritism? 33
1.5 Why Isn’t Islamic Finance So Prevalent Today? 35
3.1 Islamic Syndicated Financing – Success Stories 59
3.2 Private Sector Partnership with Awqāf: The Case of the Awqāf Properties Investment Fund (APIF) 69
3.3 A Blended Finance Approach to Long-term Financing 70

Figures
1.1 Framework of Provision for Long-Term Financing 14
1.2 Estimated World Infrastructure Gap, 2016–30 17
1.3 Debt Maturity by Country Income Group,1999–2012 19
1.4 Declining Long-term Government Investments 20
1.5 Relative Size of Financial Intermediaries, Selected Countries 23
1.6 Change in Debt Maturity since the Global Financial Crisis by Country Income Group and Firm Size 25
1.7 An Islamic Framework for Long-term Investment Finance 29
2.1 Macroeconomic Stability and Maturity of Financial Products in OIC Countries 42
2.2 Financial Development and the Average Maturity of External Debt 43
2.3 Regulatory Efficiency and the Maturity Structure of Financial Products 43
2.4 Debt Bias in a Tax System 44
2.5 Risk-Sharing Index across Different Income Groups 45
2.6 Risk-Sharing Index and Maturity Structure of Financial Products 45
2.7 Evolution of Financial Development Index 46
2.8 Evolution of Financial Institutions Index 46
2.9 Evolution of Financial Markets Depth Index 47
2.10 Percentage of Firms Citing Size of Loan and Maturity of Loan as Insufficient 47
2.11 Source of Finance for Fixed Asset Investment 48
2.12 Institutional Investors, Non-OIC and OIC Countries 49
2.13 Islamic Finance and Financial Development Index 50
2.14 Maturity Structure of Various Financial Products 50
2.15 Factors Affecting the Volume of Long-term Sukūk 51

VII
3.1 Change in Assets of the Islamic Finance Sector, 2015 versus 2016 55
3.2 Maturity Structure of Loans and Deposits of Selected Islamic Banks 57
3.3 Size and Growth of Islamic Syndicated Financing, 2008–16 58
3.4 Regional Distribution of Islamic Syndicated Loan Approvals, 2014–16 58
3.5 Sectoral Distribution of Islamic Syndicated Financing by Maturity of Loans, 2014–16 58
3.6 Global Funds: Assets under Management by Asset Type, 2015 versus 2016 60
3.7 Regional Distribution of Global Islamic Funds by Type of Investments:
Assets under Management and Number of Funds 60
3.8 Distribution of Assets under Management by Investment in the Size of Firms, 2014–16 61
3.9 Regional Distribution of Global Islamic Funds Assets under Management, 2014–16 61
3.10 The Number and Amount of Sukūk Issuance, 2006–16 61
3.11 Maturity Structure of Outstanding Sukūk at the end of 2016 61
3.12 Regional Sukūk Issuance: Sovereign versus Corporate Sukūk Issuance, 2014–16 63
3.13 Investment Portfolio Allocation, 2015 64
3.14 Portfolio Allocation to Public and Private Sector Bonds, 2015 65
3.15 Selected Indictors of Takāful Operators, 2013–16 66
3.16 Total Investment of Pension Funds in OECD and Selected Non-OECD Countries, 2005–15 67
3.17 Pension Fund Asset Allocation for Selected Investment Categories in
Selected OECD and Non-OECD Countries, 2015 68
4.1 Countries with a National Strategic Framework for Islamic Finance 84
4.2 Status of Islamic Finance Laws 85
4.3 Tax Law Status for Islamic Finance 86
4.4 Regulatory Framework for Islamic Finance 87
4.5 Sharī‘ah Governance Regimes 88
4.6 Liquidity Infrastructure for Islamic Finance 89
4.7 Deposit Insurance Schemes 90

Tables
0.1 Policy Recommendations 5
2.1 Components of the Risk-Sharing Index 44
2.2 Maturity Structure of Financial Products in OIC Countries 52
3.1 Size of Islamic Banking Industry, 2014−16 56
3.2 Financing and Revenue Patterns of Islamic Banking Industry, 2014−16 56
3.3 Regional Breakdown of Maturity Structure of Sukūk Issuance, Selected Years 62
3.4 Family and Non-Family Takāful Gross Premiums Written, 2015 versus 2016 66

VIII
3.5 Challenges to and Prospects for the Use of Islamic Finance in
Selected Important Economic Subsectors in OIC Member Countries 76
4.1 Overall Legal and Regulatory Status in OIC Member Countries 82
4.2 Policy Recommendations for Promoting Islamic Financial Sector Long-term Financing 97

IX
X
Foreword
The development community is facing the challenge IsDB has embarked on a new initiative to reposi-
of mobilizing financing for long term investments tion the bank in the changing development finance
needed to eradicate poverty, provide education, ac- landscape in the wake of the 2030 global agenda for
cess to clean water and fight climate change. It ap- sustainable development. Under the new initiatives,
pears that there is no shortage of funds as trillions the IsDB Group is committed to forging partner-
of dollars are invested in securities earning negli- ships with both public and private sector, insists on
gible or sometimes negative returns. The question the development of financial markets and financial
remains: what are the key impediments to attracting infrastructure, and the wider role of private sector in
funds for long-term investments? This joint report economic development. In addition, the emphasis is
by the Islamic Development Bank (IsDB) Group on enhancing the governance mechanism to provide
and the World Bank Group (WBG) attempt to ad- close monitoring and risk mitigation required for
dress this question. The theme of the report is quite risk-sharing system. In this context, the IsDB Group
relevant, timely and has been well justified. is providing support for the development of finan-
cial sectors conducive to Islamic finance globally.
The report rightly proposes incentivizing “risk shar- The joint initiative of the IsDB Group and the
ing” and asset-backed finance as the potential mech- WBG also reflects a global view regarding the Is-
anism to attract financing for long-term investments. lamic finance and the role it can play to improve
One of the major features of risk-sharing finance is the financing for the long-term investments. I be-
that all participants have ‘skin-in-the-game’ result- lieve the periodic publication of the Global Report
ing in alignment of interests. By its very nature, Is- on Islamic Finance will not only help to direct the
lamic finance based on the principles of risk sharing future growth of Islamic finance but also boost the
(equity and asset-backed financing) offers the right economic development.
ingredients to mobilize long term financing provid-
ed an enabling legal, regulatory, and financial eco- I congratulate the technical teams from both institu-
system is developed. Therefore, Islamic finance can tions on completion of this important report.
and should occupy this space to make a difference.
Dr. Bandar M. H. Hajjar
For more than 40 years, the IsDB has been prac- President, Islamic Development Bank Group
ticing Islamic finance and striving to promote eco- October 2018
nomic development through its operations. For
attaining long-term sustainable development, the

XI
XII
Acknowledgments

This report was prepared by experts from the Is- of the report. Their comments helped the team to
lamic Research and Training Institute (IRTI) of enhance the content of earlier versions of this re-
the Islamic Development Bank (IsDB) Group with port.
contributions from the Islamic finance team at the
World Bank Group (WBG). The task was coordi- The team would like to thank Samuel Munzele
nated by Dawood Ashraf, Senior Researcher - Is- Maimbo, Senior Advisor and Head, Finance for
lamic Finance, IRTI, and Abayomi Alawode, Head Development Unit, World Bank; and Mohammad
of Islamic Finance, Finance, Competitiveness & In- Ahmed Zubair, Lead Country Economist, Islamic
novation Global Practice, World Bank Group. Development Bank, for their valuable feedback on
Special thanks are owed to Zamir Iqbal, Vice Presi- an earlier draft.
dent of Finance & CFO, the IsDB, for his commit-
ment and contributions in the preparation of this re- In addition, the team benefited greatly from discus-
port. We are also thankful to Azmi Omar, President sions, valuable input, and constructive comments
and CEO, the International Centre for Education in provided by Prof. Habib Ahmed, Durham Univer-
Islamic Finance (INCEIF), for his support on this sity; Alaa Alaabed, Senior Financial Analyst, Islam-
project. ic International Rating Agency; and Rasim Mutlu,
Graduate Assistant, University of Lausanne, who
The team would like to acknowledge the contribu- served as consultants to the team for select chapters.
tions of the Technical Editor, Prof. Hossein Askari, The team would also like to thank Prof. Andrew
George Washington University; and the Editorial Sheng, Distinguished Fellow of the Asia Global
Board, comprising Ishrat Husain, Chairman, Cen- Institute, University of Hong Kong, who provided
tre for Excellence in Islamic Finance, Institute of guidance as a technical expert. The team would also
Business Administration, Karachi, Pakistan; Prof. like to recognize the valuable contributions of Tarik
Abbas Mirakhor, First Holder, INCEIF Chair of Is- Akin, Senior Associate, Undersecretariat of Trea-
lamic Finance; and Ghiath Shabsigh, Assistant Di- sury, the Republic of Turkey.
rector, Monetary and Capital Markets Department,
International Monetary Fund (IMF), who guided the The teams at IRTI and the World Bank’s Global Is-
team with their wisdom, experience, and expertise. lamic Finance Development Center are recognized
They provided extensive feedback and comments for their commitment and efforts in writing, updat-
throughout the conceptualization and review stages ing, editing, and assembling this report. They were

XIII
led by Dawood Ashraf (IRTI), and Ayse Nur Aydin Finally, we acknowledge the staff of IRTI’s Infor-
and Muharrem Cevher (WBG). We thank all the mation and e-Programs Division, especially Habeeb
team members from both institutions for their valu- Idris Pindiga, Senior Editor/Acting Manager, and
able expertise and contributions, including Fatih Mahmoud Rashad, Information Specialist, for the
Kazan, Financial Sector Specialist from the World editorial production of the report; and Nancy Morri-
Bank; Salman Syed Ali, Lead Research Economist; son, Editor, the Morrison Group, for her invaluable
and Mohammed Obaidullah, Lead Research Econo- efforts in editing this report.
mist from IRTI.

Several institutions helped in various ways in final-


izing this report including the World Bank, Islamic
Financial Services Board (IFSB), and International
Islamic Financial Market (IIFM). We acknowledge
their support, especially Babar Nasim at IIFM and
Zahid ur Rehman Khokher at IFSB.

XIV
XV
XVI
Abbreviations

AAOIFI Accounting and Auditing MTR Mid-Term Review of the Ten-Year


Organization for Islamic Financial Framework and Strategies document
Institutions OECD Organisation for Economic Co-operation
AUM assets under management and Development
BNM Bank Negara Malaysia (central OIC Organisation of Islamic Cooperation
bank, Malaysia) P2P person-to-person
CWM Crowdfunding-Waqf Model PPP public-private partnership
DAO decentralized autonomous model SDGs Sustainable Development Goals
G-20 Group of Twenty SMEs small and medium enterprises
G-30 Group of Thirty SRI socially responsible investment
GCC Gulf Cooperation Council SWF sovereign wealth fund
GDP gross domestic product UN United Nations
GFC global financial crisis
IsDB Islamic Development Bank All dollar-denominated currency is in U.S. dollars, unless
IFIs Islamic financial institutions otherwise noted.
IFSB Islamic Financial Services Board
IFSIs Islamic financial services institutions
IIFM International Islamic Financial
Markets
IMF International Monetary Fund
IRTI Islamic Research and Training In
stitute (Islamic Development Bank)
IT information technology
KPIs Key Performance Indicators
MDGs Millennium Development Goals
MENA Middle East and North Africa
MSEs micro and small enterprises

XVII
XVIII
Glossary

A lot of Islamic technical terms of Arabic origin sary, except when it is necessary
have, over the last few decades, entered the diction- to keep them, such as al-ghunm bi al-ghurm or al-kharāj
ary of economics, banking, and finance in view of bi al-Damān.
the rise and spread of Islamic economics, banking, Therefore, words like al-‘adl, for example, are written
and finance worldwide. It is not possible to collect just ‘adl without the
them all and add them al- article.
all to this glossary, however, the most important and • Some Arabic words bearing the same meanings are
most used ones are provided here. A large number of pronounced differently.
the teachers, practitioners, researchers, and students These are separated by a slash / as in the case of
interested in learning, practicing, or researching the ‘arbun/‘urbūn, meaning
subjects of Islamic economics, banking, and finance down payment.
need to know the meanings of these technical terms • Both the singular and plural forms of some Arabic
and their proper usage. Therefore, this glossary has words are put in the same
been prepared to facilitate their tasks. It provides entry instead of in two entries. The plural forms are put
broad, general, and precise explanations of the tech- between parentheses
nical terms used in the literature of Islamic econom- after the singular form, as in the case of ‫‘ )عَالِم ( ُعلَ َماء‬alim
ics, banking, and finance. Because the terms were (‘ulamā’) meaning “scholar(s).”
collected and compiled from various sources, it is • The terms used in this glossary are arranged alphabeti-
difficult to recall or point out cally according to
which term comes from which source. Our thanks the second column on the left, entitled “Transliterated
and gratitude go to all of those from as.”
whom we benefited in compiling this glossary.

Notes
• Usually most of the terms used in this glossary are
preceded by the article al-,
meaning the. The articles are not used in this glos-

XIX
Arabic original word Transliterated as English meanings

(‫)بُيُوْ ع‬ bay‘ (buyūʿ) sale(s)


‫ َغ َرر‬ gharar excessive risk and uncertainty, ambiguity
‫َح اَلل‬ ḥalāl permissible, lawful, allowed
‫َح َرام‬ ḥarām not permissible, unlawful, not allowed
‫إِحْ َسان‬ iḥsān benevolence, compassion, kindness
‫إِ َجا َرة‬ ijārah leasing, rent
‫اِ ْستِصْ نَاع‬ istiṣnā‘ Manufacturing contract whereby a manufacturer
agrees to produce (build) and deliver a well-described good
(or premise) at a given price on a given date in the future
‫ُم َرابَ َحة‬ murābaḥah mark-up sale, sale at a margin
‫ُمشَا َركَة‬ mushārakah Partnership whereby all the partners contribute
capital for a business venture. The partners share profits on
a pre-agreed ratios while losses are shared according to each
partner’s capital contribution.
َ َ‫ ُمشَا َركَة ُمتَنَاق‬
‫صة‬ mushārakah mutanāqiṣah diminishing partnership
‫قِ َمار‬ qimār gambling
‫قَرْ ض َح َسن‬ qarḍ ḥasan interest-free loan
‫قُرْ آن‬ Qur’ān the sacred book of Islam
‫ِربَا‬ ribā usury, interest
(‫ص َدقَات‬
َ ( ‫ص َدقَة‬
َ ṣadaqāt charity(ies)
‫َري َعة‬
ِ ‫ش‬ Sharī‘ah Islamic law
‫ص ُكوْ ك‬
ُ sukūk equity-based certificates of investment
‫تَكَافُل‬ takāful solidarity, mutual support
(‫َو ْقف (أَوْ قَاف‬ waqf (awqāf) endowment(s), foundation(s), trust(s)
َ‫َوكَالَة ( َوك ا‬
(‫َالت‬ wakālah (wakālat) Agency. A contract whereby one party appoints
another party to perform a certain task on its behalf, usually
for payment of a fee or a commission
‫َزكَاة‬ zakāh (zakāt) obligatory contribution(s) or due payable to the
poor by all Muslims having wealth above nisab (threshold or
exemption limit)

XX
XXI
Executive Summary

Long-term finance plays a major role in sustainable for and impediments to long-term financing. To deal
economic development because it helps advance with the ongoing underfunding problem in long-
structural transformation of economies, stimulates term investments, it proposes the use of Islamic fi-
development of infrastructure, and provides funds nance, which is based on risk sharing rather than
for fixed investments to enhance production capac- risk transfer, and thus offers many advantages.
ity. The need for funding long-term investments is
so huge that resources by governments, multilateral Key impediments to raising long-term financing
development banks, and other traditional develop- The report identifies many impediments on both
ment partners remain insufficient. The role of the the systemic and the usual demand and supply level
private sector is critical in meeting the challenges in mobilizing funds for long-term investments. Al-
of long-term financing needs. However, the existing though there are several issues stifling the financing
financing patterns clearly indicate the preference of for long-term investments, the report finds that the
investors for assets with short-term maturity despite most important impediments are the over-allocation
their meagre returns. Thus, extending the maturity of savings to short-term and medium-term instru-
structure of finance is a key policy challenge for the ments, excessive leveraging, and incentives for risk
development community. transfer. The risk-transfer paradigm of convention-
al finance not only constrains funding for long-term
Market factors under existing conditions, together investment but also reinforces the plight of overlev-
with systemic biases toward short-term debt and erage and short-termism in the current global finan-
risk transfer mechanisms, substantially reduce the cial system that is responsible for many more chal-
availability of funding for long-term financing, lenges for the contemporary global economy.
which creates deficiencies in resource allocation
and a gap in long-term funding, despite the ample Risk-sharing and Islamic finance
supply of global savings. While the gap exists glob- The potential of long-term finance can be unlocked
ally, it is particularly critical in developing econo- by adopting a risk-sharing structure that reduces the
mies because it hampers the implementation of systemic risk and moral hazards associated with the
much-needed investment projects to enhance wel- conventional risk-transfer structures. The sharing of
fare. This edition of the Global Report on Islamic risks and contingency of returns can allow socially
Finance presents a global perspective on the needs optimal projects to be undertaken that might other-

XXIII
wise seem unfeasible from a risk-transfer perspec- are necessary. At the micro level, the organizational
tive. Risk-sharing also enables the commitment to framework of financial institutions and the diver-
mutuality and long-term horizons in investing. sity of financial instruments offered determine the
extent to which long-term financing needs are met.
Against this backdrop, the report introduces Islam- Currently, Islamic financial institutions are subject
ic finance as one of the possible ways to meet the to the similar regulatory regime as conventional
challenges of providing adequate funds to long-term institutions, thus forcing them to develop financial
investments on a sustainable manner. Risk sharing instruments similar to conventional instruments,
is the preferred organizational structure for Islamic even if those instruments are Sharī‘ah--compliant.
economics and finance. Islamic economics and fi- However, this stricture limits the full benefits that
nance offer a framework based on risk-sharing that could be obtained through the risk-sharing feature
can serve a viable means of long-term investment of Islamic finance.
financing. Importantly, Islamic finance can mobi-
lize resources to the real sector, rather than chan- The report reviews the status and developments of
neling much-needed funds to the money markets. Islamic finance for a sample of 12 member countries
This risk-sharing framework attempts to address the of the Organization of Islamic Cooperation (OIC)
shortcomings of the conventional model. It is based in the light of the 10 years that have elapsed since
on four pillars: institutional foundations in line with the foundational report, Islamic Financial Services
Islam’s rules of behavior; accountable governance Industry Development: Ten-Year Framework and
and legal system; a long-term investment horizon; Strategies 2007 (IRTI and IFSB 2007), was issued.
and mobilization of funds on the basis of sharing The findings suggest that countries are at different
risks among parties. levels of development with respect to the key recom-
mendations related to the developments in national
Challenges for Islamic finance plans and strategies, the legal and regulatory frame-
The exceptional growth of the Islamic finance indus- works, the Sharī‘ah governance regime, liquidity in-
try in the last decade is a remarkable development, frastructure, and deposit insurance schemes. Some
but it began from a low base and still constitutes a countries, such as Indonesia, Malaysia, Oman, and
small fraction of global finance. The risk-sharing na- Pakistan, have adopted national action plans for the
ture of Islamic finance has attracted attention in all development of the Islamic financial sector, includ-
financial sectors, including banking, capital markets, ing separate Islamic financial laws. In other member
and insurance. The report provides a comprehensive countries, adoption is still at very early stages.
review of the status and development of various sec-
tors and how each sector is contributing to long-term Policy recommendations
financing. The main finding from this analysis is that Despite the remarkable growth of Islamic finance,
despite the huge potential, Islamic financial sector is policy interventions are needed in several areas to
a small player in the global financial markets and re- better utilize the merits of Islamic finance in mobi-
quires a concerted push for the regulatory and legal lizing funds for long-term investments. The report’s
changes to take root. policy recommendations have a dual aim: not only
to promote Islamic finance to make the provision
The report highlights several challenges for Islamic of long-term financing more efficient, but also to
finance in mobilizing funds to long-term impactful encourage a global paradigm shift away from over-
investments. To reduce uncertainty and provide pro- reliance on short-term instruments toward adding
tection of property and investors rights, macroeco- economic value. To these ends, the report offers two
nomic and political stability, institutional develop- main sets of recommendations:
ment, and an enabling legal and regulatory regime

XXIV
a. Strengthen the financial system by developing tial not only to deleverage the financial system but
a supportive legal, administrative, and regula- also to make it more conducive to long-term finance.
tory environment. A financial system based on asset-backed financing
would encourage real transactions and growth in the
A financial sector with weak governance and lack of real sector. To this end, the report makes the follow-
transparency is hampered by market frictions, inef- ing policy recommendations:
ficiencies, and financial exclusion. Fundamental in- • Promote the development of capital markets
stitutional problems and market failures need to be for Sharī‘ah-compliant instruments to mobilize
addressed to reduce uncertainty and protect property resources for long-term projects by engaging
and investors rights, which are impeding the mobi- institutional investors, including pension funds,
lization of long-term financing at both the systemic sovereign wealth funds, asset management
and the usual demand and supply levels. The report firms, venture capitalists, and private equity
recommends the following: firms.
• Introduce a supportive legal, administrative, • Engage Islamic banks in Sharī‘ah -compliant
and regulatory infrastructure that establishes syndicated financing to finance long-term and
and protects investors’ rights, provides effective larger projects.
mechanism for dispute resolution, institutes a • Introduce regulations to unlock the potential of
sound insolvency framework, and strengthens Islamic banks to provide long-term financing
financial supervision for the efficient mobiliza- using investment accounts.
tion of resources on the basis of risk sharing. • Provide incentives for Islamic financial innova-
• Adhere to strong corporate governance values tion based on FinTech solutions, especially for
that increase the accountability and transpar- mobilizing the dormant Islamic social sector
ency of the financial system. to support investments with environment and
• Enhance coordination among standard-setting social as well as economic impacts (impact in-
bodies to provide unified Sharī‘ah, regulatory, vesting). Crowdfunding, for example, can pool
and accounting treatments. resources (zakāt, ṣadaqāt, waqf) from small sur-
• Develop secondary markets to provide liquidity plus units and channel them toward investment
in the markets for long-term financing instru- in large-scale projects that would otherwise be
ments. beyond the scope of any one individual.
• Capitalize on blended finance and public-pri-
b. Enhance the institutional framework and di- vate partnerships (PPPs) by developing new
versity of instruments for long-term financing products and expanding existing ones to in-
crease the use of Islamic finance for projects of
This report finds that institutions and instruments mutual benefit to the public and private sectors.
associated with risk-sharing finance can mitigate
agency conflicts because all parties partake of the The report demonstrates how risk-sharing finance
risks as well as the rewards: that is, they have “skin can play a key role in mobilizing funds to long-term
in the game.” However, few instruments are avail- investments and provides examples of the ways that
able to serve this purpose, mainly because universal Islamic finance can be utilized to release the poten-
regulatory requirements are commonly adopted to tial of long-term financing that advances social, en-
cover both conventional and Islamic financial insti- vironmental, and economic goals.
tutions. The report emphasizes that innovations in
financial institutions and instruments that promote
risk-sharing and asset-backed financing are essen-

XXV
Overview

The adoption of the Sustainable Development Goals of the debt) and fund crucial societal needs. Access to
(SDGs) by the development community testifies to a long-term investment vehicles can also improve house-
shared responsibility toward the well-being and em- holds’ welfare by allowing them to smooth their con-
powerment of mankind. To achieve the desired sustain- sumption over time and share the benefits of economic
able development, there is a huge need for investment growth. Long-term financing is often considered to be
in capacity-building assets. The United Nations esti- an important driver of sustainable economic develop-
mates a gap of $2.5 trillion between the annual invest- ment, helping in structural transformation, infrastruc-
ment needs of the SDGs of $3.9 trillion and current an- ture investments, and budgetary support.
nual investments of $1.4 trillion (UNCTAD 2014). The
challenge posed by the scale of funding requirements Although estimates of long-term investment financing
is further aggravated by the need to commit funds for needs vary considerably and are not necessarily pre-
long-term horizons. Moreover, there is broad consen- cise, studies conclude, unanimously, that the needs are
sus that to deal with the complex challenges of climate extremely large. Over the next 15 years (2016−30), the
change, growing urbanization, and social imbalances, global economy will need to invest $50 trillion to $90
the world needs to invest more in long-term sustainable trillion in infrastructure assets such as urbanization in-
projects. vestments, transport systems, energy systems, water
and sanitation projects, and telecommunication sys-
The need for long-term funding for investment to ex- tems (Woetzel et al. 2016; Bhattacharyna, Oppenheim,
pand the sustainability and productive capacity of the and Stern 2015). This translates into almost doubling
modern economy was explored in a World Bank Report the current infrastructure spending of $2 trillion to $3
in 2015. The findings of the report (World Bank 2015) trillion per year. At the firm level, long-term financing
suggest that by its nature, long-term finance exerts a is generally used to acquire fixed assets, equipment,
stabilizing influence on the financial system. Long- and the like. Empirical evidence suggests that the use
term investors can provide necessary support during of long-term finance is associated with better firm
economic downturns, given their extended investment performance. Access to long-term financing was sig-
horizon, countercyclical strategies, and emphasis on nificantly constrained after the global financial crisis
long-term value. In contrast to short-term liquidity- of 2007−09. While the impact varied across countries
chasing investors, long-term investors mitigate invest- of different income grouping, small and medium enter-
ees’ rollover risks (risks associated with the refinancing prises in lower-middle- and low-income countries were

1
hardest hit. Lack of long-term finance exposes deserv- To explore the potentially pivotal role of Islamic fi-
ing firms to rollover risks, which may in turn dissuade nance in long-term financing, the World Bank Group
longer-term fixed investments, with adverse effects on and Islamic Development Bank Group decided to focus
economic growth and welfare. The World Bank Group on the topic of “Financing Long-Term Investments” as
estimates a funding gap of $2.1 trillion to $2.6 trillion the general theme for the second edition of the Global
for micro, small, and medium enterprises (MSMEs) Report on Islamic Finance (GRIF). This report has five
globally (Stein, Ardic, and Hommes 2013). main objectives:
1. To deepen understanding of the significance of
The mobilization of funding for long-term investments long-term financing by documenting why long-
is faced with many impediments on both the systemic term financing is needed.
level and through the usual demand and supply factors. 2. To provide a critique of the traditional financing
Leveraging and incentives for risk transfer, the unavail- model of transferring risk by presenting the theo-
ability of financially viable long-term projects, political retical rationales and discussing policy issues re-
myopia, macroeconomic instabilities, high entry barri- lated to financing of long-term investments from
ers, inadequate risk assessment frameworks, weak legal the perspective of Islamic economics and finance.
and institutional frameworks, illiquidity in the financial 3. To formulate a theoretical framework that empha-
markets, fiscal consolidation, and restrictive lending sizes the central role of risk-sharing as a mecha-
environments are the main issues stifling the financing nism for acquiring long-term investment for sus-
for long-term investments. tainable economic development and provide some
empirical evidence of widespread needs for long-
On the other hand, it is obvious that the problem is not term investments.
the paucity of financial resources, as there is an ample 4. To review recent developments and trends in Is-
supply of global savings to meet the needs of long-term lamic finance as a means of long-term financing,
investment. According to World Bank estimates, more and to discuss challenges that Islamic finance faces
than $10 trillion is invested in negative interest rate in mobilizing long-term finance.
bonds; $24.4 trillion is invested in low-yield govern- 5. To explore policy options to remove key barriers
ment securities; and $8 trillion is sitting in cash, waiting impeding the development of Islamic financial in-
for better investment opportunities (World Bank 2017). dustry for long-term financing.
Thus, the problem is the “allocation” of these resourc-
es, which vastly underfund long-term investment. The report identifies the existing tendency of conven-
tional finance to transfer risk to be one of the underly-
In this regard, various policy initiatives have been en- ing reasons for over-allocation of savings to short-term
dorsed to mobilize international organizations (includ- and medium-term instruments. This tendency not only
ing the International Monetary Fund, the Organization constrains funding for long-term investment, but is also
for Economic Co-operation and Development, the responsible for many more problems and challenges for
World Bank Group, and Islamic Development Bank the contemporary global economy, including stagnation
Group) to address the potential detrimental effects of of economies around the world, constrained private in-
a prolonged underfunding of long-term investment. vestment, the decline in productivity, and the sizable
While there are small differences of opinion as to the increase in global debt since the global financial crisis.
specifics of the proposals to addressing the gap, they
agree on the diagnosis. Islamic economics and finance, This report suggests adopting a risk-sharing solution to
owing to its nature of risk-sharing and equity participa- address the risk-transfer problem impeding long-term
tion, provide an alternative perspective and solution to investments. Risk-sharing financing may resolve some
the ongoing challenges mentioned. of the major problems and meet the challenges asso-
ciated with risk transfer. The risk-sharing mechanism

2
has the potential to create a culture of trust, increase premium approach is the unilateral motives of the lend-
investment (by funding projects that are rationed out of er for the recovery of loan and interest without regard
risk-transfer markets), reduce individual risk aversion to the fate of the venture. This undermines the com-
through collective risk taking, and increase financial in- mitment to mutuality among the parties in a financing
clusion (Bowles 2013). All these advantages increase relationship, enhances individual risk aversion, and dis-
x-efficiency1 in the economy, which is the ability to get courages investment for long-term projects.
maximum output from the inputs, leading to expanded
productivity (Leibeinstein 1966). More importantly, In this regard, these problematic aspects of leverage-
risk-sharing finance reduces inequality of income and based risk-transfer type of financing have been under
wealth distribution by allowing lower-income classes question for years, especially after the global financial
to become holders of real assets and builders of wealth. crisis. A number of recent studies have offered fun-
damental critiques of the collateral and risk premium
Given the benefits of risk sharing, the report addresses approach. Taleb (2008) regards the higher amount of
the question as to why there is so much reluctance to equity as a necessary condition to control extraordinary
risk-sharing financing and suggests that current eco- and unexpected risks, which he referred to as black
nomic development models rely heavily on the lever- swans2. Taleb posits a view of risk relationships that is
age and liquidity in the financial markets. However, systemic. A player that thinks systemically looks at the
both these factors impede the provision of long-term system organically, rather than mechanically, recogniz-
funding due to the higher uncertainty associated with ing that the system must adapt itself to the changing
the long-term contracts and the procyclical nature of context and environment, from both endogenous and
credit markets. exogenous sources of change. By contrast, convention-
al debt finance models have a partial and fundamentally
Another reason for the prevalence of leverage-based self-interested view of risk relationships.
risk-transfer instrument is the set of market imperfec-
tions leading to ex ante adverse selection by the lend- Bowles (2013) emphasizes that risk-sharing contracts
ers and ex post moral hazard of the borrowers. The have characteristics that mitigate the risk of contract vi-
presence of such market imperfections creates a con- olations arising from the agency conflict. Gintis (2002)
sistent rift between the borrower and the lender. In a argues that the self-interested “rational” actor (Homo
debt contract, the lender attempts to address the mar- economicus) depicted in neoclassical economics is one
ket imperfections by requiring collateral and charging of the types of human subjects characterized as engag-
a risk premium to compensate lenders for the default ing in strategic interactions. On the other extreme of
of the borrower. However, in the event of default, the the Homo economicus, Gintis posits Homo reciprocans,
lender still pushes for recovery from the borrower and who exhibits strong reciprocity, and a propensity to co-
restricts further lending. In such a scenario, any of the operate and share with others— even when there are no
potential causes of distress in the financial system may plausible future rewards or benefits from so behaving.
perpetuate a vicious cycle of defaults and crisis due to This reciprocal approach emphasizes mutuality, com-
borrowing restrictions and liquidity constraints. There mitment (“skin in the game”), incentives to focus on the
is mounting evidence suggesting that interest-bearing common good of the parties to the contract, and hori-
debt and leveraged balance sheets pose systemic prob- zontal governance, which is self-enforcing (in contrast
lems and can potentially undermine sustainability. to the top-down governance of risk-transfer contracts).

One of the important elements in the collateral and risk Islam endorses risk sharing as the preferred organiza-
1
The term “x-efficiency” describes the degree of efficiency maintained by economic agents under conditions of imperfect competition.
2
Taleb discusses in his book (2007) that unexpected events which are considered extreme outliers play significantly larger roles than regular
occurrences. Thus, any analysis omitting outliers lacks substantial portion of information. This idea has implications on finance as well as his-
tory, science, and technology. In finance, Taleb’s Black Swan Theory is acknowledged in the discussion of tail risks. A conservative approach to
leverage, i.e. strong equity capital, may limit the probability of tail risks.

3
tional structure for all economic and financial activities. an important channel through which long-term invest-
From this perspective, Islamic economics and finance ment financing is normally provided. Further challeng-
offer a framework based on risk sharing that can serve es are the lack of prerequisites for risk-sharing-based
a viable means of long-term investment financing. Im- Islamic finance, including property rights and good
portantly, Islamic finance can mobilize resources to the governance; market failures and policy distortions;
real sector, rather than channeling much-needed funds lack of awareness of the full cost of risk transfer; and
to the money markets. This risk-sharing framework under-utilization of the Islamic social sector as an area
attempts to address the shortcomings of conventional of long-term investment.
model. It is based on four fundamental pillars: 1) in-
stitutional foundations in line with Islam’s rules of be- To advance discussion about the state of acquiring
havior; 2) an accountable legal system and modes of long-term funding using the risk-sharing mechanisms,
governance; 3) a long-term investment horizon; and the report provides an empirical review of long-term
4) mobilization of funds on the basis of sharing risks investment financing from the perspective of Islamic
among parties. finance. The review identifies a well-functioning finan-
cial system as one that is based on appropriate gover-
Establishing efficient institutions and an institutional nance mechanisms, supporting infrastructure that en-
framework in line with the objectives of Islam is es- hances risk sharing, and institutional arrangements to
sential to creating an enabling environment for long- promote trust and cooperation to support financing for
term finance. While institutions lay the foundation long-term investments. With this standard in mind, the
of a system, a sound legal system and an appropriate review then considers the broader challenges in creat-
governance mechanism is needed to ensure smooth ing an enabling environment for long-term financing.
functioning of the financial system. The need is more Specifically, the review compares the relative state of
pronounced in contracts based on risk sharing, given member countries of the Organization for Islamic Co-
the contingent nature of parties’ claims and the limi- operation (OIC) with respect to the rest of the world in
tation of human foresight. The core principle of risk terms of their ability to and progress in creating this en-
sharing in Islamic finance stipulates that investors and abling environment. The review analyses factors affect-
users of funds share the outcome of the project or asset ing the supply of and demand for risk-sharing long-term
being financed. Encouraging financial instruments that finance, such as macroeconomic and political stability,
promote risk sharing and asset-backed financing could institutional development, and risk-sharing friendli-
make the financial system more conducive to long-term ness. It also examines the relative status of financial
finance. The development of equity-based capital mar- development and long-term financing in the member of
kets could play an important role in mobilizing resourc- the OIC countries.
es without creating leverage in the economy.
Having drawn an accurate picture of Islamic finance
Islamic finance is well suited for long-term financing as a means of mobilizing funds for long-term invest-
because of its emphasis on materiality, property rights, ments, the report concludes by providing a set of policy
risk sharing, and addition of value. The report, how- recommendations to address the issues highlighted and
ever, highlights several challenges for Islamic finance to ensure that prerequisites are in place to unlock the
in mobilizing funds for long-term investment that sup- potential of Islamic finance for long-term financing in
ports broader goals of serving the economy, society, OIC member countries. Table O.1 summarizes the rec-
and the environment. The biggest challenge in achiev- ommendations and policy interventions suggested in
ing the potential of Islamic finance for funding long- the report.
term investments lies in the dominance of the Islamic
banking subsector. The underdevelopment of Islamic
capital markets is another impediment that undermines

4
Table 0.1. Policy Recommendations

table contiues next page

5
Table 0.1. Policy Recommendations (continued)

6
Overview of the Chapters in long-term investment financing. It criticizes cur-
rent financial systems, which are characterized by
The report consists of four chapters providing dis-
financialization, and the supply of a narrow range
cussions on the significance of long-term finance,
of debt-based instruments that transfer risk, such
policy challenges, and recommendations to address
as bank credit and bonds, by entities that lack com-
these issues, as well as an investigation of the ef-
mitment to long-term horizons. As a viable alterna-
fectiveness of the Islamic finance framework in pro-
tive, the chapter proposes risk-sharing long-term
moting financing for long-term investments.
finance. Risk sharing can provide the necessary fi-
nancing without the need to take on excessive lever-
Chapter 1 discusses the importance of long-term
age, which could in turn help stabilize government
financing in driving sustainable economic devel-
spending and reduce debt servicing pressures. Un-
opment and helping in structural transformation,
like other modes of finance, risk sharing is favorable
infrastructure investments, and budgetary support.
to long-term impact financing made in companies,
Estimates of long-term investment financing needs
organizations, and funds with the aim of generat-
vary considerably and are not necessarily precise.
ing social or environmental benefits alongside (or
However, studies conclude, unanimously, that needs
instead of) a financial return. Sharing the risks of
are extremely large and are unlikely to be met by the
economic and financial transactions also ensures the
public sector alone. Capital from the public, private,
stability of the financial system. This in turn will in-
and voluntary sectors must be mobilized to fill fund-
crease the allocation of resources to the real sector,
ing gaps.
rather than channeling excessive financial flows to
the financial sector, leading to over-financialization
Mobilization efforts are faced with various impedi-
of the economy.
ments with respect to both systemic factors and the
usual demand and supply factors. The 2007−09
Risk sharing is one of the most important aspects of
global financial crisis exposed flaws in finance theo-
Islamic finance. The chapter provides a theoretical
ry and current practices and highlighted the need to
framework for acquiring long-term investment from
revisit some conceptual frameworks. Most notably,
an Islamic finance perspective. In a truly risk-shar-
the chapter considers the financial infrastructure,
ing framework, Islamic finance can serve the real
peripheral supporting institutions, and legal envi-
sector of economy more effectively in an equitable
ronment and finds that they reinforce bias toward
and sustainable manner than conventional finance.
debt and risk transfer mechanisms, inducing over-
Indeed, the vision of Islamic finance is to offer itself
leverage and short-termism in the current global fi-
as a source of stability against the plight of overlev-
nancial system.
erage and short-termism in the current global finan-
cial system.
The demand for long-term investment financing by
project planners is constrained by the availability
Chapter 2 empirically investigates the effective-
of financially viable long-term projects, political
ness of elements of the Islamic finance framework
myopia, macroeconomic instabilities, and high en-
put forward in chapter 1 in promoting financing for
try barriers, among other impediments. The supply
long-term investments. These elements are used to
of long-term investment financing is constrained by
characterize a well-functioning financial system as
the lack of adequate risk assessment frameworks;
one based on appropriate governance mechanisms,
weak legal and institutional frameworks; and illi-
supporting infrastructure that enhances risk-sharing,
quidity and investors’ short-termism, which are ef-
and institutional arrangements that promote trust
fectively obstacles in the way of the efficient alloca-
and cooperation. This comprehensive approach of-
tion of savings and capital.
fers a more functional view of a long-term sustain-
able financial system than the narrow focus on tra-
The chapter deals with the issue of sustainability

7
ditional one-dimensional proxies, such as the depth ers in many financial markets.
of financial markets.
Awqāf are currently underutilized. They have the
The investigation depicts and compares the relative potential to engage the private sector and become a
state of member countries of the Organisation of Is- systemic approach to overcome the shortages in long
lamic Countries (OIC) with respect to the rest of the term financing. Awqāf are rich in one of the important
world in terms of broader challenges in creating an factors of production—land—as they involve the do-
enabling environment for long-term financing. The nation of a building, plot of land, or other real assets.
chapter’s findings validate the hypothesis that financ- However, they are short on other factors such as cap-
ing based on risk-sharing principles promotes long- ital, labor, and organization. Given that the problem
term investments. The strength of the presence of of long-term financing is not simply of time, but is
Islamic finance in a country (measured by the share also a problem of size and scale, awqāf may well be
of sukūk issuance and Islamic banking in GDP) is used to alter projects’ cash flows by providing a fac-
positively correlated with the financial development tor of production of significant value, so as to reduce
index. the otherwise large upfront cost and make the project
a viable business case for the private sector.
To assess the relative status of OIC countries with re-
spect to long-term financing compared to their coun- The chapter examines recent innovations in financial
terparts, two proxies are used. The first proxy is the technology (fintech)—such as “smart” contracts,
percentage of firms citing the maturity of loans as decentralized autonomous organizations (DAOs),
insufficient. The second proxy is fixed asset invest- block-chains, crypto-currencies, and crowd fund-
ment. With respect to the first proxy, the chapter finds ing—that are closer to the spirit of Islamic law of
that firms in OIC countries are more likely to be de- contracts, with an undiluted focus on cooperation,
nied financing on the basis of the size and maturity of transparency, and avoidance of any kind of uncer-
their loan application. Small firms are more vulner- tainty regarding the settlement of contracts.
able than their counterparts in this regard. With refer-
ence to the source of investments, small and medium Given the complexity and multidimensionality of
firms tend to prefer internal funds. Use of external the challenges at hand, no single authority can drive
finance, such as banks, seems to be weaker in OIC change and mobilize long-term finance alone. A
countries compared to non-OIC countries. Moreover, collaborative and concerted approach is needed by
OIC countries lack a well-developed institutional in- multilateral development banks and organizations.
vestor base. This would involve system-wide monetary, fiscal,
and structural policies to correct disincentives to risk
Chapter 3 presents an overview of developments and transfer that lie at the core of the current convention-
challenges in the Islamic financial sector. It does so al financial system. The recommendations proposed
by analyzing the development in various sectors of in the chapter are based on principles with universal
Islamic finance, with a special focus on risk-sharing application across geographical areas and financial
and long-term financing aspects, where possible. At systems.
present, the bulk of Islamic finance is provided by
Islamic banks. The future of long-term Islamic fund- In the sphere of Islamic finance, efforts to mobilize
ing depends very much on the development of non- significant funding for investments with a long-term
bank financial intermediaries (NBFIs). These include horizon are impeded by the dominance of the Is-
Islamic capital markets, takāful markets, other insti- lamic banking subsector; the lack of prerequisites for
tutional investors such as pension funds, sovereign risk-sharing-based Islamic finance—including well-
wealth funds, private equity funds, and awqāf (en- functioning institutions and rules of behavior that
dowment funds). The long-term nature of many of protect investors, creditors, and property rights; trust
these NBFIs means that they can act as shock absorb- in government and institutions; rule of law; good

8
governance; and a developed financial system; mar- Drawing on the report’s discussions and findings,
ket failures and policy distortions; lack of awareness the chapter concludes by providing a roadmap for
of the full cost of risk transfer; and underutilization supportive public policy, a sound enabling envi-
of the Islamic social sector as an area of long-term ronment, and conducive financial infrastructure to
investment. strengthen Islamic finance and provide appropriate
incentives for long-term financing. The full spec-
Chapter 3 identifies a number of areas in which policy trum of necessary policy reforms extends beyond
interventions are needed to shift away from overreli- banks to include institutional investors, Islamic cap-
ance on short-term instruments toward adding eco- ital markets, the Islamic social sector, and Islamic
nomic value through a complete spectrum of Islamic fintech. Policy makers are strongly urged to consid-
financial instruments and unlocking of maturities. er the impact of any policy regime on the incentives
The empirical analysis in chapter 3 lends support to of different types of investors to participate in the
this proposition. It indicates that a country charac- long-term financing market before implementing
terized by better governance structure comprising a that policy. Deliberation is necessary to avoid the
sound regulatory and supervisory framework, rule of pitfalls of some of the existing standards and regu-
law, strong institutions, and an effective government lations, which are unintendedly detrimental to long-
is more likely to issue long-term sukūk than short- term investments.
term or medium-term sukūk.
Most of the solutions proposed in the conventional
Chapter 4 presents an overview of the overall status finance literature to overcome short-termism of fi-
of the business and regulatory environment in the nancing deal only with creating new products, ener-
OIC member countries. It also discusses the specific gizing dormant players (such as revitalizing pension
status of some key legal and regulatory infrastructure funds and activating institutional investors), and im-
institutions in a sample of 12 OIC member countries proving the quality of institutions and governance.
(Bangladesh, the Arab Republic of Egypt, Indonesia, These measures will definitely help in extending the
Malaysia, Nigeria, Oman, Pakistan, Saudi Arabia, tenure of available financing, but they are not suf-
Senegal, Sudan, Turkey and United Arab Emirates) ficient. Similar policies are often recommended for
representative of different geographical regions and the Islamic finance sector. This recommendation is
the levels of development of the Islamic finance also beneficial, as approximately the same forces
sector. The 2014 Mid-term Review by the Islamic that can help long-term investments in conventional
Development Bank Group, the Islamic Research & finance can help enhance long-term finance in Is-
Training Institute, and the Islamic Financial Services lamic financial sector.
Board is used to gauge the status of the business and
regulatory environment, focusing on key elements to However, these recommendations do not go far
promote a robust Islamic financial services industry. enough. Islamic finance has much greater potential
They include: to increase the proportion of sustainable long-term
• National plans and strategies for Islamic finance finance if a culture of risk sharing and equity financ-
• The legal framework ing is developed and the institutional environment
• The regulatory framework is improved.
• The Sharī‘ah governance regime
• Liquidity infrastructure
• Deposit insurance schemes

On average, OIC member countries score better


than the world average in the Doing Business scale
and lower than the world average in terms of their
regulatory environment.

9
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10
11
Chapter 1
Financing for Long-term Investments:
A Risk-Sharing Islamic Finance Model

1.1 Introduction

The adoption of the Sustainable Development Goals countries are aging and constrained fiscally to invest
(SDGs) by the development community testifies to in long-term projects. Emerging markets need huge
a shared responsibility toward the well-being and amounts of financing for long-term investments.
empowerment of mankind (World Bank and IsDBG However, against a backdrop of low interest rates, fi-
2016). To achieve the desired sustainable develop- nancialization of assets, and investor short-termism,
ment, there is a huge need for investment in capacity- markets appear to be unwilling to commit funds for
building assets (World Bank 2015). The United Na- long-term projects with higher perceived risks3. Al-
tions estimates a yearly gap of $2.5 trillion between though leverage at the system level had increased to
the annual investment needs of the SDGs of $3.9 a new record high of $217 trillion (over 327 percent
trillion and current annual investments of $1.4 tril- of GDP) by early 2017, compared with $142 tril-
lion (UNCTAD 2014). The challenge posed by the lion (269 percent) in the fourth quarter of 2007 (IIF
scale of funding requirements is further aggravated 2017; McKinsey & Company 2015), the supply of
by the need to commit funds for long-term horizons. long-term funding is not matching the demand. The
Moreover, there is broad consensus that to deal with supply of long-term funding could be affected be-
the complex challenges of climate change, growing cause the global economy may be entering a phase
urbanization, and social imbalances, the world needs of synchronized recession or secular debt deflation
to invest more in long-term sustainable projects. arising from a phase of deleveraging in the wake of
The world is facing a systemic dilemma. Advanced the crisis, unwinding of unconventional monetary

3
This could be due to the unavailability of good projects or projected returns that are difficult to obtain within specified period. For example,
private equity funds usually have a 10-year lock-up period, and most long-term investments, especially infrastructure projects, do not yield
their full return until the end of that period.
4
Long-term financing is the provision of long-dated funds for capital-intensive undertakings that have multiyear payback periods. The Group
of Twenty (G-20) broadly defines long-term financing as all funding with a maturity of at least five years. Equity is also often considered a
long-term financing instrument because it has no maturity date (World Bank 2015).

13
policy, and rising asset prices, accompanied by de- Howitt, and Mayer-Foulkes 2005)5. In contrast to
clining commodity prices and trade volumes, Sheng short-term liquidity-chasing investors, long-term in-
(2017) argues. vestors’ can stabilize the financial system, mitigate
investees’ rollover risks, and fund crucial societal
The need for long-term funding for investment to needs. Access to long-term investment vehicles can
expand the sustainability and productive capacity of also improve households’ welfare by allowing them
the modern economy was explored in a World Bank to smooth their consumption over time and share the
Report in 20154. The findings of the report (World benefits of economic growth (Case, Quigley, and
Bank 2015) suggest that by its nature, long-term fi- Shiller 2013).
nance exerts a stabilizing influence on the financial
system. Long-term investors can provide necessary 1.2 Why Long-term Financing?
support during economic downturns, given their
extended investment horizon, countercyclical strat- Long-term financing is used to fund various type of
egies, and emphasis on long-term value (Aghion, projects that can expand the productive capacity of

Figure 1.1 Framework of Provision for Long-Term Financing

Source: G-30 (2013).

5
For example, the Australian superannuation sector (the arrangements put in place by the Australian government to enable people in Australia
to accumulate funds to provide them with income in retirement) accounted for only 50 percent of the banking system assets in 1997, but by
2013, its share had grown to 60 percent. During the 2007–09 global financial crisis, when Australian bank shares were under pressure because
of foreign sales, the superannuation funds played a major role in buying up shares when they were cheap and providing capital increases where
necessary (The Australian Government Treasury 2014).

14
an economy (all things being equal)6. Long-term fi- Long-term financing is also needed by governments
nancing is an investment tool that finances crucial for budgetary support. Low- and middle-income
projects in the areas of infrastructure, research and countries traditionally rely on international develop-
development (R&D), education, technology, and in- ment aid to respond to their development needs. For
novation that can increase future prospects for in- decades, the international community has provided
novation and competitiveness (see figure 1.1). Chan- resources in the form of project aid. This type of aid
neling long-term financing to particular productive instrument can be donor-driven, with activities that
projects eventually generates greater returns for so- deliver short-term results that cannot be sustained af-
ciety in the form of expanding vibrant services, in- ter development partners cease their funding (Faust
creasing quality of life, or enabling the movement of and Messner 2007). Since the late 1990s, dissatis-
people and goods. faction with the effectiveness of classical project aid
instruments has prompted some major development
Long-term financing is an important driver of sus- partners and donors such as the World Bank and
tainable economic development, helping economies the European Union to provide increased assistance
advance structural transformation (box 1.1), pro- through budget support.
mote infrastructure development, and fund budget-
ary support. In contrast to project aid, budget support targets de-
livery of results in a longer-term horizon and con-
The pursuit of structural transformation often in- centrates on outcomes rather than outputs, includ-
volves broad-based shifts in labor and other resources ing the implementation of macroeconomic reforms
from agriculture, natural resources, or other primary and poverty reduction strategies. Funds provided
sectors to more diversified advanced industrialized through budget support are disbursed through the
economies. Long-term investment is required for recipient government’s own financial management
structural transformation in form of technology ex- system—the national Treasury, the ministry of fi-
change and the reallocations of the resources (WHO nance, or their equivalent—and managed in accor-
2008; Buera and Kaboski 2008). dance with the recipient government’s overall poli-
cies, national priorities, and budgetary procedures,
Infrastructure development is another important thereby enhancing the sustainability of the results of
driver that encourages long-term investments on a the support.
broad front, and, in turn, enhances growth7. Infra-
structure is the backbone of exchange and mobility. Due to its long-term nature, budget support has been
It underpins economic activity and provides essen- accompanied by a focus on the importance of trust,
tial services that exert favorable effects on people’s accountability, and good governance in the recipi-
quality of life and the operation of firms. Infrastruc- ent’s public financial management. This has been
ture investments are generally found to have a sig- referred to as fiduciary conditionality, upon which
nificantly positive impact on long-term growth and the initial release of funding and the release of sub-
a negative impact on income inequality (Calderón sequent installments are made.
and Servén 2014). The economic empowerment of
emerging markets, for example, depends on their
ability to develop modern infrastructure.
6
The G-30 (2013) report stated that there is no precise time horizon for long-term investment, where these investments would be in assets
that have a use over many years (specifically, investment in residential real estate, commercial real estate and other structures, equipment and
software, infrastructure, education, and research and development).
7
Infrastructure investments have distinctive characteristics. They are often large and indivisible, require significant upfront outlays, and often
stretch to long durations of 15 years or more, delaying the realization of profits. This is true for both economic and social infrastructure. Eco-
nomic infrastructure includes roads, railways, and other physical building blocks, while social infrastructure includes such fundamental areas
as health care and education (Chan et al. 2009).

15
Box 1.1 Long-term Investment and Structural Transformation in the Asia-Pacific Region

One of the key elements of the remarkable struc- Focused on productivity-enhancing structural
tural transformation in a number of countries in the change, Asian countries have carried out long-term
Asia-Pacific region after World War II has been their investment projects including infrastructure invest-
ability to sustain high rates of long-term investment ments such as modernizing cities; building airports
(figure B1.1.1). Since the 1970s, these economies and ports, rail routes, highways and subways; and
have transitioned from low-income countries that establishing industrial zones and science parks as a
were predominantly agrarian or producers of pri- driver of research and development (Yeung 2011).
mary products to relatively high-income countries, Gross capital formation has been formidable (figure
on the back of strong long-term investments. China, B1.1.1). China’s gross capital formation, as a per-
for example, was classified as a low-income country centage of GDP, is well above that in other coun-
until 1999, while the Republic of Korea, classified tries, approaching half of GDP in recent years.
as a lower-middle-income country in 1970, transi- Korea’s path of structural transformation has been
tioned to high-income status. China’s growth has similar, resulting in a six-fold increase in its nominal
been associated with a rapid decline in the share of per capita GDP in dollar terms. Indonesia, Malaysia,
real value added in agriculture, from more than 45 and Thailand also have outstanding records. Their
percent of total value added in 1970 to less than 5 nominal per capita GDP has increased 6.0, 4.5−5.0,
percent by 2010, and an increase of over 10 percent- and 3.5 times, respectively (Chandrasekhar and
age points in the manufacturing and services sectors Ghosh 2013).
shares (Dabla-Norris et al. 2013).

Figure B1.1.1 Gross Capital Formation in Asia-Pacific


Percent of GDP

Source: World Bank database.

16
1.3 A Global Perspective on the Long-term quires doubling the current infrastructure spending
Financing Gap of $2 trillion to $3 trillion per year. This will require
spending of an additional one percentage point of
Although estimates of long-term investment financ- the GDP on infrastructure to which SDGs-related
ing needs vary considerably and are not necessarily investment constitute around 20 percent (Figure
precise, studies conclude, unanimously, that needs 1.2b). The Brookings Institution’s estimate is higher
are extremely large. because it factors in the need for additional invest-
ment in infrastructure to fight climate change.
1.3.1 Long-term Financing for Infrastruc-
ture Investment Emerging economies8, including China, will ac-
Over the next 15 years (2016−30), the global econ- count for 60 percent of the global infrastructure need
omy will need to invest around $90 trillion in infra- between 2016 and 2030. This is especially the case
structure assets, according to estimates by the Global in light of China’s One Belt, One Road (OBOR) ini-
Infrastructure Hub. This translates into an additional tiative, which promises more than $1 trillion in in-
investment of $3 trillion to $5 trillion in transport frastructure investment in over 60 countries across
systems energy systems, water and sanitation, and Europe, Asia, and Africa over the next decade9.
telecommunications (Figure 1.2a). This level re-

Figure 1.2 Estimated World Infrastructure Gap, 2016–2030

Figure 1.2 a
8.0

7.0

6.0

5.0
USD trillion

4.0

3.0

2.0

1.0

0.0
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030

Current trends Additional Investment need inc. SDGs

Figure 1.2 b
0.9
0.8
0.7
0.6
0.5
%age

0.4
0.3
0.2
0.1
0
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Year

Energy Telecommunication Transport: Ports Transport: Rail


Transport: Road Water airport SDG

Source: The Global Infrastructure Hub

8
This group includes many member countries of the Organization for Islamic Cooperation (OIC).
9
“One Belt” refers to the Silk Road Economic Belt from China to Central and South Asia, the Middle East, and Europe. “One Road” is the
twenty-first century maritime Silk Road, from Southeast Asia to the Middle East, Africa, and Europe, which will call for the construction of
ports and maritime facilities from the Pacific Ocean to the Baltic Sea.

17
1.3.2 Long-term Financing for Firm-level 1.4 Needs and Role of Private Sector, Gov-
Private Investments ernment Sector, and Voluntary Sector in
At the firm level, long-term financing is generally Generating Long-term Finance
used to acquire fixed assets, equipment, and the
like. Empirical evidence suggests that the use of Given that the total global saving rate is 25 percent
long-term finance is associated with better firm per- of global GDP of $75.6 trillion (according to World
formance. However, access to long-term financing Bank estimates for 2016), there should be $18.9 tril-
was significantly constrained after the global finan- lion worth of annual savings available to fund in-
cial crisis (GFC) of 2007–09. While the impact var- vestment. This is just the flow of funds available. At
ied across high-income, middle-income, and low- the stock level, with global financial assets at rough-
income countries, small and medium enterprises ly three times global GDP, there should be at least
(SMEs) in lower-middle- and low-income countries $220 trillion worth of financial assets that could be
were hardest hit. Only 66 percent of small firms and diversified toward meeting the investment gap. The
real issue is therefore the need for better resource al-
78 percent of medium-size firms in developing coun-
location policy and incentives to encourage resource
tries have any long-term liabilities, compared with
mobilization from a variety of sources and the effec-
80 percent and 92 percent in high-income countries, tive use of financing. For example, more than $10
respectively. On average, the ratio of long-term debt trillion is invested in negative interest rate bonds,
to GDP in developing countries is only one-quarter $24.4 trillion in low-yield government securities,
of its high-income counterpart (figure 1.3) (World and $8 trillion is sitting in cash, waiting for better
Bank 2015). Lack of long-term finance exposes de- investment opportunities (World Bank 2017a).
serving firms to rollover risks, which may in turn
dissuade longer-term fixed investments, with ad- A point in case is that despite the slowing growth
verse effects on economic growth and welfare. The worldwide, there is still ample global savings, both
World Bank Group estimates a funding gap of $2.1 in terms of flows and stock. The perceived shortage
trillion to$2.6 trillion for micro, small and medium of long-term funding is therefore, arguably, due to
enterprises (MSMEs), globally (map 1.2). If not ad- inadequate policy attention and incentives in creat-
dressed, this could stifle growth and affect shared ing the context, products, and institutions to channel
prosperity in economies around the world. savings to long-term financing. Filling the gap in
long-term investment financing also requires strong
1.3.3 Long-term Financing for Government cooperation among all relevant stakeholders across
Budgetary Support the public, private, and nonprofit, voluntary sectors
As noted, the gap between the annual investment and better distribution among countries that need
needs of the Sustainable Development Goals (SDG) long-term finance.
versus current annual investments is huge. In the
area of health alone, to meet 16 SDG health targets The public sector has been a key player in long-term
in 67 low- and middle-income countries by 2030, as investment, providing on average one-third of its fi-
much as $371 billion is required each year in invest- nancings in the form of public services in health,
ments in building and operating new clinics, hos- education, and safety nets, among other social infra-
pitals, and laboratories, and in acquiring medical structure, as well as direct investments into physi-
equipment, among other health system investments cal infrastructure through fiscal resources or bond
funding (World Bank 2015). However, the share of
(Stenberg et al. 2017).
the public sector in long-term investments has been
decreasing for over two decades as the private sec-
To meet the investment needs of the SDGs, the tor has found more room to engage with long-term
United Nations has announced the launch of a new investment. Even so, governments currently fund
platform for blended finance (public-private part- over half of infrastructure investments (G-30 2013).
nerships) (UN 2016). In the wake of the global financial crisis, govern-
ments are struggling to manage their fiscal burdens,

18
Figure 1.3 Debt Maturity by Country Income Group, 1999–2012

100
Private credit through deposit banks as a Maturity >5 years Maturity 1 ‐5 years Maturity <1 year
90

80

70
share of GDP %

60

50

40

30

20

10

0
High‐Income countries Developing countries

Source: Bankscope (database), Bereau van Dijk, Brussels, http://www.bvdinfo.com/en-gb/products/company-information.international/bankscope.


Note: The ratio of private credit to gross domestic product (GDP) and the maturity distribution are averaged over those years when information
for both is available. Figures are averages.

with direct impact on their future funding capacity. Even if fiscal conditions in developed and emerg-
Given the weakness of economic recovery to date, a ing economies improve, the need introduced by the
long fiscal consolidation is anticipated (World Bank long-term financing gap is unlikely to be met from
2017b). Figure 1.4 shows that the stock of public public sector alone. Private sector capital must be
capital, a proxy for government investment, de- mobilized to fill these gaps. This includes the mul-
clined as a share of output in high income countries tiple sources of private capital, such as private firms,
as group between 2009-16 as a response to the cri- banks, and institutional investors, as well as finan-
sis. cial instruments, such as bonds, sukūk, and equities
(World Bank 2015). The private sector is already a

Map 1.2 Total Financing Gap for Formal and Informal Enterprises

Source: International Finance Corporation (IFC) Enterprise Finance Gap Database, 2011.
Note: MSMEs = micro, small, and medium enterprises.

19
critical stakeholder in generating long-term finance ments’ interest in public benefit and has had a grow-
through its investments in new technologies, new ing role in the delivery and provision of public goods
infrastructure, and production facilities. Beginning and services, such as health and education. This has
in the 1990s, there has been a rapid shift from public been achieved by establishing platforms that meet
to private provision of long-term financing, fueled the needs of communities and societies, especially
by an expanding pipeline of investable projects, those at the margin, and strive for their empower-
government search for alternative funding sources, ment. The voluntary sector does not engage in much
and inefficiencies of state-owned enterprises. In- direct long-term financing per se (with the exception
vestment flows, however, peaked in 1997, partly of some major donors such as the Gates Foundation).
due to instability in the policy and investment cli- Voluntary organizations can often be very small on
mate, attributed mainly to pricing issues (IFC 2011). their own. Together, however, they command size-
This, in turn, highlights another catalytic role for the able assets with huge transformative potential. To
public sector in generating long-term financing: that mobilize these resources efficiently requires inno-
of maintaining an enabling environment for private vation and an enabling public sector. Notwithstand-
sector participation through appropriate regulation, ing this, the voluntary sector’s active participation
rule of law, and institutions. In the absence of these in civil society is instrumental in building trust and
conditions, adverse distributional impact may arise social capital within and across borders. This sense
from rent-seeking private activity. of solidarity is prominent in Islam. The holy Qur’ān
prescribes institutions and rules of social and per-
Last but not least is the role of the voluntary sector, sonal behavior, compliance with which guarantees
which is a privately initiated sector that provides so- social solidarity. Examples include zakāt, ṣadaqāt,
cial goods and works in parallel to the government and awqāf.
public sector, and which plays an increasingly sig-
nificant role in improving societies, economies, and No sector can act alone. The policies of the public,
environmental quality around the world. This role private, and voluntary sectors must be coherent and
gains extra momentum in times of distress, such as complement one another to create a sustainable im-
the global financial crisis and the current humanitar- pact.
ian crisis. As a nonprofit sector, it shares govern-

Figure 1.4 Declining Long-term Government Investments


General government gross fixed capital formation as a percent of GDP

15

10

0
1990 2000 2008 2009 2010 2011 2012 2013 2014 2015 2016

‐5

‐10

High income Lower middle income


‐15

Source: OECD; McKinsey Global Institute analysis.

20
1.5 Key Impediments in Mobilizing Financ- • Maturity mismatch, whereby borrowers tend to
ing for Long-term Investments use short-term debt to invest in long-term as-
sets. This creates risks of illiquidity when they
Despite the huge need, the growth of long-term fi- do not have sufficient cash flow to meet inter-
nancing has been slow. The G-30 (2013) report sug- est and principal repayments as per contractual
gests that four key principles are necessary for an obligations. This mismatch exacerbates while
ideal market for long-term financing. attractiveness of short-term funding facilities
such as repos increases.
• The financial system should channel savings
from households and corporations into an ad- The mobilization of funding for long-term invest-
ments is faced with a number of impediments on
equate supply of financing with long maturities
both the systemic level and through the usual de-
to meet the growing investment needs of the mand and supply factors. At the heart of the gap
real economy. between these forces is a collective action trap, in
• Long-term finance should be supplied by enti- which individual actors and stakeholders do not
ties with committed long-term horizons. work collectively to solve the funding of global
• A broad spectrum of financial instruments public goods. The discussion that follows examines
should be available to support long-term invest- some of the other key issues, which are common
ment. in both developed and emerging markets, albeit at
• An efficient global financial system should pro- varying degrees.
mote economic growth through stable cross-
border flows of long-term finance, supported by 1.5.1 Systemic Factors
appropriate global regulation. Leveraging and Incentives for Risk Transfer
The financial sectors in most of the developed
The 2007–09 global financial crisis exposed the economies have expanded significantly in compari-
flaws in finance theory, particularly regarding the son with the real sectors since the global financial
use of derivatives and hybrid products, and the need crisis, with little connection to the value of real as-
to revisit some conceptual frameworks. The crisis sets, because of the attractiveness and convenience
highlighted that the global financial system was im- of increasing leverage globally (Dabla-Norris et al.
balanced due to three fundamental sources of vul- 2015). Consequently, the expansion and profitability
nerability (Lewis 2010): of the financial sector beyond its traditional role of
intermediation (matching savings and investment)
• Interconnection, whereby financial actors get is at the expense of the other economic sectors and
into transactions that generate a set of intercon- is harmful to the broader economy. Among the most
notable adverse consequences of the trend toward
nected obligations by linking the commitments
financialization are increasing inequality, a tenu-
of various parties. This phenomenon expands as ous relationship between financing and real sector
a result of the rise in popularity of securitized investment, a drop in fixed capital investment in the
and structured products. Interconnection among nonfinancial sectors of the economy, and a diversion
financial institutions enables a shock to spread of financial resources into a “gambling casino,” as
all across the financial system and amplifies its John Maynard Keynes (1936) called it, which has
effects. ultimately intensified speculation and undermined
• Leverage (debt/equity mismatch), whereby the stability.
borrower does not have sufficient equity to
cushion himself against sudden shocks. Excess The systemic challenge is further exacerbated where
leverage exposes the borrower to both liquid- the supply of providers of long-term finance is limit-
ity and solvency crises because rises in interest ed. With the exception of the United States, Europe,
rates can very quickly “decapitalize” borrowers Japan, and most emerging markets aredominated
if they are forced to sell assets at “fire sale” rates by banks (figure 1.5)10. The banking sector faces
in order to meet contractual payments. This vul-
a natural maturity mismatch between its assets and
nerability eventually turns into the deterioration
liabilities. The bulk of its liabilities are in the form
in credit underwriting standards and credit qual-
of deposits with a maturity of less than one year.
ity.

21
Furthermore, new standards and regulations (such and other long-term instruments toward deposits,
as the Basel Accords) reinforce the bias toward low- fixed income instruments, and other lower-risk as-
risk, liquid, short-term assets. As a result, banks sets (G-30 2013)11.
are more regulated to maintain higher liquidity and
capital buffers, thus constraining their ability to take 1.5.2 Demand Factors
long-term positions. Furthermore, investment re- Resource mobilization and the demand for long-
strictions limit the participation of pension funds, term investment financing are impeded by the avail-
sovereign wealth funds, insurance companies, en- ability of financially viable long-term projects,
dowments, and other institutional investors that are political myopia, macroeconomic instabilities, and
otherwise well-suited to provide long-term financ- high entry barriers, among other factors.
ing. This then raises questions about the sustainabil-
ity of provision of long-term financing. Financial Viability
The existence of a robust pipeline of investable
To meet the growing investment needs of the real long-term projects is a necessary precondition for
economy, long-term finance should be supplied by the demand of matching finance. Investability is a
entities with committed long-term horizons. How- function of profitability and riskiness, both indepen-
ever, existing governance models, compensation dently and with respect to other projects.
schemes, and performance measures that focus on
quarterly and yearly returns unintentionally pro- A recent working paper by IMF staff projected
mote investors’ short-termism to the detriment of the economic returns of investments in schools
long-term finance. Due to short-termism, investors and roads to be 25 percent and 40 percent in an-
do not seek long-term investments, focusing instead nual terms, respectively (Atolia et al. 2017). Aside
on short horizon investments with immediate re- from economic returns, long-term investments of-
turns. Investor short-termism causes firms to leave ten generate positive externalities, so their social
profitable opportunities on the table or meet these return exceeds the private returns generated for the
opportunities by overleveraging (Fried and Wang operator. Unlike economic returns, however, social
2017). returns are generally more difficult to quantify and
often exceed private returns. As a result, long-term
The easy and cheap access to credit further fuel the investments often lack financial viability from the
demand to search for yield, resulting in overleverag- perspective of private investors or financiers, de-
ing in both the real and financial sectors. In 2013, spite their high socioeconomic rates of return, as
the Focusing Capital on the Long Term Initiative, expected revenues fall short of project costs. Clos-
founded by the Canadian Pension Plan Investment ing the gap between the two calls for accommoda-
Board and McKinsey & Company, started a proj- tive public provisions pertaining to existing tariffs
ect that tried to reverse the trend for short-termism. and legislative and institutional reforms in favor of
The report notes that “savers are missing out on greater private participation, including mechanisms
potential returns because stock markets are penal- to adjust tariffs. Governments can also consider sup-
izing companies that make long-term investments. plementing returns annually by some portion of the
Society is missing out on long-term growth and in- social return to make the investment more attractive
novation because of underinvestment” (FCIT 2014). and reduce the public financial burden, if the public
Short-termism is a problem in UK equity markets, sector were to undertake it. Furthermore, the design
the Kay report commissioned by the UK Secretary of economically rational financing structures is cru-
of State for Business, Innovation and Skills (2012) cial to ensure a distribution of risks and returns that
concludes. The report identifies the principal causes is incentive-compatible12.
as the decline of trust and the misalignment of in-
centives throughout the equity investment chain. Political Myopia
Political leaders’ planning horizon is arguably in-
The aging demographic is adding further pressure extricably linked to resource allocation. The greater
to the future supply of long-term finance in some the political myopia, the shorter the policy makers’
parts of the world, such as Australia, Europe, Japan, time horizon and therefore the greater the incentives
the Republic of Korea, and the United States. Aging to limit investments with benefits that accrue in the
investors are shifting their portfolios out of equities long run13. In this case, investments with more vis-
Generally, emerging markets have under-developed corporate bond, securitization, and equity markets.
10

22
Figure 1.5 Relative Size of Financial Intermediaries, Selected Countries

Source: IMF 2016b, based on Haver Analytics; European Central Bank Statistical Data Warehouse;and IMF staff calculations.

ible returns in the short term are preferred, in order investors and project planners. The unpredictability
to gain electoral advantage (Atolia et al. 2017; World of regulatory/policy changes can further distort in-
Bank 2015). For a proposal of a system of public centives, where a multitude of regulatory agencies
investment appraisal that is apt for sustainable devel- are involved and multiple governmental approvals,
opment and long-term inclusive growth, see Ahmad permits, or licenses are required to start and maintain
(2017). a project15.

Macroeconomic Instability High Entry Barriers


A stable macroeconomic environment is a necessary A range of factors often influence the degree of ease
condition for long-term investments. It reduces un- of entry to a market, including sunk costs and/or
certainty and boosts investors’ interest, on the back of economies of scale; cost advantages conferred by
enhanced ability to predict risks and returns (World incumbency; structural factors specific to a market,
Bank 2015). Macroeconomic instabilities, on the including vertical integration or regulatory require-
other hand, undermine the economic value and prof- ments (such as environmental and safety regulation);
itability of long-term investment projects. Since the and the nature of competition in the market. Many
crisis, uncertainty about future economic prospects long-term investments are natural monopolies. The
has weakened demand for long-term financing and sheer size of these large-scale projects has often been
shortened investment horizons14. Shorter maturities a barrier for governments and private sector alike.
are often perceived as the optimal response to mac-
roeconomic instabilities. This is especially the case The IRSG research paper on Long-term Finance for
in environments characterized by high inflationary Infrastructure and Growth Companies in Europe
pressures, which may significantly increase project- (2015) argues that “there is no shortage of money
ed costs and cash flows, thereby deterring long-term to finance infrastructure, but there are obstacles in
investment undertakings. Lack of clarity around tax the way of the efficient allocation of capital to in-
exemptions and sudden changes in the tax system frastructure projects.” This can be true for all forms
over the life of long-term projects are also important of long-term investments. In addition to the impact
factors that could reduce the appetite of long-term of ongoing fiscal consolidation, the supply of long-
term investment financing is essentially constrained

The opposite demographic trend is present in most of the emerging economies and members of the OIC countries, which are characterized
11
by young populations. Moreover, Islamic rules of redistribution and law of inheritance emphasize intergenerational transfers, counteracting
any similar impact for aging Muslim populations.

23
by the lack of adequate risk assessment frameworks, contractors, and facilities managers, brings a myriad
weak legal and institutional frameworks, illiquidity, of legal and institutional considerations to the fore-
and investors’ short-termism, which are effectively front. These include information asymmetries and
“obstacles in the way of the efficient allocation of the associated moral hazard and agency problems,
capital.” property rights protection, contract enforcement,
dispute resolution, and bankruptcy and insolvency
Fiscal Consolidation laws. Strong institutions, robust governance, and a
The supply of long-term finance is further con- sound legal environment are even more critical in
strained amidst falling commodity prices and an light of imperfect contracts that fail to precisely cap-
economic crisis that continues in the aftermath of the ture the full spectrum of future contingencies over
global financial crisis and increasingly challenges the economic life of long-term investments17. As a
governments’ ability to fund long-term investments. result, investors are willing to commit large sums of
In particular, the heavy burden of public debt threat- financing at long horizons only if they can trust the
ens fiscal sustainability and necessitates consolida- legal and institutional framework. In general, em-
tion that may translate into lower long-term public pirical research lends support to the argument that
investments in the near future. New sources of funds weak institutions and poor property rights systems
need to be mobilized to fill the inevitable gap (G-30 result in shorter maturities for finance and invest-
2013). ments. A case in point is the cross-country varia-
tion in loan maturity. Commercial banks in emerg-
1.5.3 Supply Factors ing economies extend loans for maturities of only
Inadequate Risk Assessment Frameworks 2.8 years, on average, whereas their counterparts in
Long-term investments are subject to a myriad of developed economies have an average loan maturity
risks at every stage of their economic life (Bhat- of 4.2 years (World Bank 2015). Acemoglu, John-
tacharya, Romani, and Stern 2012). These include son, and Robinson (2005) show how institutions
macroeconomic, political, and regulatory risks16, shape long-term economic outcomes and determine
which dominate the planning, construction, opera- economic agents’ incentives and constraints.
tion, and the transfer/handover stages. There are
also risks specific to stages of the investment, such Illiquidity
as construction risks, completion/commissioning Long-term investments are disadvantaged by their
risks, and operational risks (WEF 2016). Different inherent illiquidity. Long-term investments require
stakeholders have different risk appetites (Canuto the fund allocation with lengthy time horizons ex-
and Liaplina 2017). It is therefore essential to work tending to years. Theoretically, long-term investors
out what the risks are at the start of the project and are subjected to wait a long time to retrieve their
which parties are best able to take on these risks, and principal. However, financial markets provide the
to structure financing vehicles accordingly. Devising opportunity to liquidate portfolio holdings to in-
different financing instruments for different phases vestors. In this regard, the efficiency of financial
of long-term finance may also be useful, especially markets facilitates fund mobilization to long-term
because risk assessment becomes more complicated investments by alleviating the inbuilt illiquidity of
the longer the horizon. Precise prediction is difficult. long-term investments. In the absence of secondary
If not dissuaded from investing at all, financiers may markets or reasonably timed exit channels, uncer-
require a premium as a compensation for the higher tainty reinforces economic agents’ preference for
perceived risk exposure. liquidity (Allen and Gale 2009). Because liquidity
is given a premium, the supply of long-term finance
Weak Legal and Institutional Framework is likely to become scarcer.
The web of contracts between the various stake-
holders in long-term investments, such as govern- Restrictive Lending Environment
ments, project sponsors, financiers, construction In the aftermath of the global financial crisis, new

12
A contract is incentive-compatible if every participant is motivated to act according to the rules that serve the interests of the collectivity.
13
An altruistic social planner, on the other hand, is expected to have an infinite time horizon.
14
Periods of macroeconomic and financial instability can result in a deleveraging of firms and can widely disrupt long-term investments in
both high-income and developing countries, Demirgüç-Kunt, Martínez Pería, and Tressel (2015) show.
15
These may include environmental permits and permits to own property in the case of a foreign investor.

24
regulations are contributing to a more restrictive quidity and a higher quality capital, which have in-
lending environment that is proving to be especial- creased the risk weights on long-term lending and
ly taxing on long-term finance. Global regulations funding.
have tripled in four years from roughly 14,200 rul-
ings and changes in 2011 to 51,600 daily regula- Basel III, for example, “raises the cost of issuing
tory changes, according to the Boston Consulting long-term corporate and project finance loans above
Group (BCG 2017). These include every new local, the cost of issuing mortgages and short-term loans.”
national, or international policy, ruling, reform, ac- By and large, the consensus is that the Basel rules,
tion, law, ban, comment, announcement, publica- including higher capital ratios, the Liquidity Cover-
tion, or speech that any compliance department of age Ratio, and the Net Stable Funding Ratio, will
a bank may be expected to note and monitor. Given force banks to increase capital for project and long-
the heavy sanctions on breaches, banks and finan- term loans, probably on the order of 60 to 110 basis
cial institutions have become more cautious in both points (Ma 2016). “This is not to argue for a reversal
lending and investment, especially for the long term of the new capital regime, but to call for the emer-
(figure 1.6). This caution is part of an ongoing de- gence of new sustainable sources of finance beyond
risking and deleveraging in the banking industry in bank lending,” the G-30 argues (2013, 15).
response to market and regulatory demands for li-

Figure 1.6 Change in Debt Maturity since the GFC by Country Income Group and Firm Size

Source: World Bank 2015.


Note: Developing countries low-and middle-income countries. Firm size is defined based on the number of employees. Leverage and long-term
debt values are saimple averages for firms within indiviual countries, averaged across countries in each income group. The differences reported
subtract the earlier period values from later period values. In panels c and d, firms with zero long-term debt before the crisis period were excluded
from the sample in calculating the averages.

Changes in the regulatory environment may affect the pricing and operations of long-term assets.
16

25
1.6 Sustainability in Long-term Investment plete contract, the entrepreneur and investors have
Financing opposing incentives as to control of ownership of
the firm (collateral). In case of the bad performance
Sustainability is critical to long-term financing and of the venture, the entrepreneur has the incentive to
investment. While the need and role of long-term stop repayment and transfer ownership to the inves-
financing has been well recognized, little attention tor to liquidate the collateral. This also implies that
has been paid to the risks and pitfalls of current fi- an entrepreneur cannot credibly promise all the fu-
nancing modes. ture returns as repayments to the investor because
the entrepreneur can divert cash from the project
1.6.1 A Critique of the Status Quo (Hart and Moore 1998) or may withdraw his or her
Current economic development models for the sus- essential human capital from the project (Hart and
tainable development heavily rely on leverage and Moore 1994). In this view, the physical assets of-
liquidity in the financial markets. However, both fered as collateral can discipline the entrepreneur
these factors contribute negatively to the provision until the value of the collateral exceeds the loan
of long-term funding because of the higher uncer- amount; at that point, collateral is transferred to the
tainty associated with the long-term contracts and investor.
the procyclical nature of credit markets. Financial
markets expand and contract with economic cycles. One of the important elements in the collateral and
During economic downturns, the nexus of leverage risk premium argument is the selfish motives of the
and liquidity undermine the potential for growth by lender for the recovery of the loan principle and in-
restricting the supply of funds at precisely the period terest without regard to the fate of the venture. This
when there is a greater need for investment to stimu- creates distrust among the parties, enhances indi-
late the economy. vidual risk aversion, and discourages investment
for long- term projects. Taleb (2008) regarded the
One of the major reasons for the prevalence of le- higher amount of equity as a necessary condition
verage-based risk-transfer instruments is the set of to control unexpected risks, which he referred to as
market imperfections leading to ex ante adverse se- black swans18. However, the problem with the debt
lection and ex post moral hazard of the borrower. contract is that lenders provide debt, not equity. Re-
The presence of such market imperfections creates a garding risks, the only possible risk that any lender
consistent rift between the borrower and the lender. assumes is the credit risk, but that too is routed back
In a debt contract, the lender attempts to address the to the borrower by requiring collateral and charging
agency problem by requiring collateral and charg- a default risk premium. Debt essentially transfers
ing a risk premium to compensate lenders for the the risk of losses from the providers to the users of
default of the borrower. However, in the event of funds, distorts economic incentives, and decouples
default, the lender still pushes for recovery from the financial returns from real economic returns (Askari
borrower and restricts further lending. In such a sce- et al. 2012). The ability to transfer risk mars most
nario, any of the potential causes of distress in the existing long-term financing structures.
financial system may perpetuate a vicious cycle of
defaults and crisis due to borrowing restrictions and Given the pitfalls of risk transfer, the question then
liquidity constraints. There is mounting evidence arises as to why leverage is so prevalent. The answer
suggesting that interest-bearing debt and leveraged is the incentive structure built in the debt contract
balance sheets pose systemic problems and can po- for the contracting parties. One element increasing
tentially undermine sustainability (Reinhart and inertia is the set of myths that surround risk transfer.
Rogoff 2010; Arcand, Berkes, and Panizza 2012). A central one is that the risk-transfer regime is less
costly, more secure, and more certain. The global fi-
Hart and Moore (1994, 1998) analyze the relation- nancial crisis helped weaken the last two arguments.
ship between an investor and entrepreneur for a debt As to the cost factor, the costs of the risk-transfer
contract and find that debt contracts are optimal in- regime are hugely underestimated, especially at the
complete contracts with a high hold-up cost (com- system-wide level. To enforce debt contracts, gov-
mitment cost). Under the assumptions of an incom- ernments must establish a huge legal, administra-

Under such conditions, financiers opt for short-term contracts as a protection against the risk of nonpayment. They force fund users to roll
17
over financing constantly. The threat of withholding future funds is basically used as a disciplinary device (World Bank 2015).

26
tive, and enforcement infrastructure to ensure that plausible future rewards or benefits from that behav-
contracts are not violated (Djankov et al. 2008). Be- ior. This reciprocal approach emphasizes mutuality,
sides these costs, the negotiation cost of rollover and commitment (“skin in the game”), incentives to fo-
restructuring of the debt contract is not taken into cus on the common good of contract participants,
account in the claim that the risk-transfer regime is and horizontal governance, which is self-enforcing
low cost. (in contrast to the top-down governance of risk-
transfer contracts).
The natural question arises then as to whether there
are viable alternatives to the model based on risk Risk-sharing financing attempts to meet the chal-
transfer that could reduce the systemic risk and mor- lenges associated with the risk transfer. The risk-
al hazards associated with risk-transfer model. sharing mechanism has the potential to create a
culture of trust, increase investment (by funding
1.6.2 Risk-sharing Long-term Finance: A Viable projects that are rationed out of risk-transfer mar-
Alternative? kets), reduce individual risk aversion through col-
A fundamental difference between Taleb’s (2008) lective risk taking, and increase financial inclusion,
line of thinking and conventional debt finance mod- as Samuel Bowles argues in his 2013 book, The
els—such as the value-at-risk (VAR) models, effi- New Economics of Inequality and Redistribution.
cient market hypothesis (EMH), and capital asset All these advantages increase x-efficiency19 in the
pricing model (CAPM)—is that conventional mod- economy, which is the ability to get the maximum
els take a partial view of risk relationships, whereas output from the inputs (Leibeinstein 1966), leading
Taleb’s view is systemic. The current generation of to expanded productivity.
finance theory models assumes that with more-or-
less perfect information, it is possible to identify “[R]isk sharing finance is more congruent with the
risks and hedge against them. On the other hand, riskiness of economic activities under uncertainty,”
the systemic view is that there are uncertainties that Maghrabi and Mirakhor (2015) contend. It can
are unknown and that could be endogenous to the provide the necessary financing without the need
system, rather than exogenous. That difference pro- to take on excessive leverage, which could in turn
vides a certain amount of humility as to the ability to help stabilize government spending and reduce debt
control risks, requiring the building up of long-term servicing pressures. Unlike risk-transfer, debt-based
equity or funding to absorb such unknown shocks. modes of finance that effectively detach liabil-
A player that thinks systemically looks at the sys- ity (ghurm) from the right to profit (ghunm), risk-
tem organically, rather than mechanically, recogniz- sharing instruments of finance are state-contingent.
ing that the system must adapt itself to the changing Their payoffs depend upon the outcome of econom-
context and environment from both endogenous and ic activities (Mirakhor 2011). Acquiring sustainable
exogenous sources of change. long-term financing is, thus, arguably more optimal
using risk-sharing-based contracts that match the
A number of other studies have offered fundamental risk and time horizons of investment opportunities
insights into the theory of contracts. Bowles (2013) with the risk and time horizons of fund providers.
emphasizes that contracts that share risks have char- Liquidity in terms of the availability of secondary
acteristics that mitigate the risk of violations of con- markets is crucial.
tracts related to the agency conflict. Gintis (2002) ar-
gues that the self-interested “rational” actor (Homo Conceptually, therefore, a risk-sharing system is
economicus) depicted in neoclassical economics is likely to be more resilient and shock-absorbent than
one of the types of human subject engaged in stra- a risk-transfer-based debt system. Rafi and Mirak-
tegic interactions. On the other extreme of Homo hor (2017) enumerate the benefits of risk-sharing-
economicus, Gintis posits Homo reciprocans, who based finance compared to risk-transfer-based debt
exhibits strong reciprocity and a propensity to coop- systems.
erate and share with others, even when there are no
18
Taleb discusses in his book (2007) that unexpected events which are considered extreme outliers play significantly larger roles than regular
occurrences. Thus, any analysis omitting outliers lacks substantial portion of information. This idea has implications on finance as well as his-
tory, science, and technology. In finance, Taleb’s Black Swan Theory is ackowledged in the discussion of tail risks. A conservative approach to
leverage, i.e. strong equity capital, may limit the probability of tail risks.

27
While equity is the first best instrument of risk shar- est-based contracts. On the other hand, it lauds risk
ing, it is not the only one. Parties can share risks sharing in all its forms as the structure for economic
in accordance with each party’s ability to bear risk and financial activity. It goes even further to require
through a number of different contracts, such as leas- mandatory risk sharing with the poor, the deprived,
ing, options, and other derivatives or hybrid instru- and the handicapped based on its principles of prop-
ments. Box 1.2 discusses equity funding practices. erty rights, which specify an irrevocable right for
the less able to share in the income and wealth of
the more able, as the latter use more resources to
1.7 Theoretical Framework for Acquiring Long- which all are entitled.
term Investment: An Islamic Finance Perspective
The emphasis on risk sharing is evident from the
The vision of Islamic finance is to offer itself as a verses in the holy Qur’ān regarding economic and
source of stability against the plight of overlever- financial undertaking. Verse 2:275 states that “they
age and short-termism in the current global financial say that indeed al-bay’ [an exchange contract] is like
system. Islamic finance has the potential to reduce al-ribā [an interest-based debt contract]. But Allah
the fragility and volatility of the financial system has permitted al-bay’ and has forbidden al-ribā.”
in a convincing manner because of its unique and From this verse flows major implications for the
distinctive features of risk sharing and close link operation of Islamic economy and Islamic finance.
between the real and financial sectors (materiality). One of these implications relates to the nature of
Islam has long endorsed risk sharing as the preferred these two contracts. Etymologically, the first—al-
organizational structure for all economic and finan- bay’—is a contract of exchange of one bundle of
cial activities. On the one hand, Islam prohibits— property rights for another bundle of property rights,
without any exceptions—explicit and implicit inter- in which parties share the risks of exchange. In the

Box 1.2 Equity Funding in Practice


ing, personnel, and strategy. Investors only increase
Conventional debt-based banking works on the ba- their investment when the concept moves to mar-
sis of identifying risks and hedging against such ket testing and then actual roll-out. Through an es-
risks. Debt contracts operate on trust and require calating size of Series A and B investments to the
constant monitoring (and disclosure) of borrowers ultimate initial public offering (IPO), the investors
and/or enforcements to minimize default risk. But sequentially increase their stake, bring in new inves-
recent experience with Silicon Valley firms has in- tors and eventually cashing out through an IPO. In-
troduced new forms of equity funding for start-ups, vestors also exercise funding discipline by cutting
where there is little experience with the product, loss when they realize that the start-up is unlikely
process, or platform, let alone the trustworthiness of to succeed.
the operators.
The experiences of Silicon Valley and sharp rise
Silicon Valley investors take a graduated and in private equity funds suggest that investment in
portfolio approach to investment in start-ups. The long-term projects that carry uncertainties that are
investment in start-ups begins with a portfolio ap- difficult to predict and evaluate require a graduated
proach. A portfolio of many start-ups is built up on and disciplined process that manages the risks and
the theory that the investor does not know which uncertainties. The longer the term of the project, the
and how many will fail, but that out of a reason- greater the risks and uncertainties. This implies that
ably large number, a few will become “unicorns,” in the face of projects with high risks, the investor
achieving market value of over $1 billion. The re- or lender must have higher equity cushions, and the
turn on investment on these unicorns are so large return on equity on the project should be sufficiently
that they cover any losses from investments in the large to reward the lender/investor for the risks and
failed start-ups. uncertainties. On the other hand, the longer the proj-
ect has been in existence, the greater the confidence
To ensure success of the start-ups, the investors en- that the project will be completed and the investment
gage in symbiotic assistance, providing key advice will pay off as expected to all classes of investors.
on technology, business models, marketing, financ-

28
case of contracts involving ribā, however, a sum of Risk sharing represents a paradigm shift, a radical
money is loaned today for a larger sum in the future, reorientation of the governance structure of eco-
effectively transferring the risk of capital loss from nomic activity from a vertical (risk transfer and
the lender to the borrower. shifting) to a horizontal structure that creates incen-
tives to shift the views of stakeholders from short-
Risk transfer violates shari’ah precepts pertaining to term gains to long-term maximization of returns.
financial undertakings, as summarized in the legal This radical shift has important consequences. The
maxims “al-Ghunmu bi al-Ghurmi” (no gains with- agency and information problems are mitigated be-
out risk) and “Al-Kharaj bi adh-Dhaman,” (no gains cause all participants have skin-in-the-game under
without responsibility for attendant expenses and the risk-sharing scheme. This gain in eliminating
loss) (see Dusuki 2012, 4). These precepts neces- information and agency problems by the mutuality
sitate the inseparability of risk bearing and entitle- commitment becomes a source of x-efficiency in the
ment to gains—common in risk-transfer–based debt production of goods and services. In a risk-sharing
contracts (Laldin et al. 2013). Thus, “Islam con- activity, the principles and values enshrined in the
demns two extremes of behavior with regard to risk. commitment to mutuality would make it imperative
The first is total risk avoidance by obtaining profits that information flow is more transparent and more
without assuming any risk, which is the case with broadly and equally shared than in a conventional
ribā. The second is excessive risk-taking in activi- firm while the decisions made in a risk-sharing ven-
ties that have elements of gambling” and gharar (un- ture are expected to have stronger general accept-
certainty) (Dusuki 2012, 11). From this perspective, ability because responsibility and accountability
Islamic economics and finance offer a risk-sharing– for decisions are more equally shared. In addition,
based framework that can mobilize resources to the risk sharing has the potential to expand economic
real sector, rather than channeling much-needed inclusion, allow lower income groups to become as-
funds to the financial sector (financialization), if put set and wealth holders and diversify their source of
into operation. income, thereby help in poverty alleviation efforts.
Figure 1.7 An Islamic Framework for Long-term Investment Finance

The term “x-efficiency” describes the degree of efficiency maintained by economic agents under conditions of imperfect competition
19

29
Accordingly, if and when risk sharing paradigm be- can further internalize incentive compatibility and
comes more generally accepted and implemented, provide contracts a dimension of self-enforcement.
it will allow the generation of income and wealth
to become more balanced. Consequently, the inter- The institutional structure of the ideal Islamic econ-
ests of stakeholders are tied to the long-term profit- omy rests on rules governing property rights, pro-
ability and sustainability of the venture and not to duction, exchange, trust, markets, and distribution
short-term gains. It can be concluded that an incen- and redistribution, among others (Iqbal and Mirak-
tive structure for long-term investment is an inher- hor 2011).
ent characteristic of risk sharing. This framework
addresses the current shortcoming of prevalent sys- Sanctity of Contract
tem. It is based on four fundamental pillars, depicted Islam places great significance on the sanctity of and
in figure 1.7: commitment to contracts. Islam’s strong emphasis
1. Institutional foundations in line with Islam’s on the strictly binding nature of contracts covers
rules of behavior private and public contracts, as well as international
2. Accountable governance and legal system treaties. Moreover, every public office in Islam is
3. Long-term investment horizon regarded as a contract: that is, an agreement that de-
4. Risk-sharing–based fund mobilization fines the rights and obligations of the parties. Every
contract entered into by the believer must include
1.7.1 An Institutional Foundation in Line with a forthright intention to remain loyal to performing
Islam’s Rules of Behavior the obligations specified by the terms of the contract.
The objectives of Islam (maqāṣid al-sharī‘ah) em-
phasize universal values such as protecting life, pre- Social Capital
serving property rights and the sanctity of contracts, Market transactions are entrenched in a social con-
building a more just society, protecting the rights of text, where reputation and trust are of prime consid-
future generations, fostering mutuality and solidar- eration (see Granovetter 1985). Trust is considered
ity, and being sensitive to environmental issues. Es- the most important element of social capital in Is-
tablishing efficient institutions and an institutional lam, which considers being trustworthy an obliga-
framework in line with these objectives is essential tory personality trait. In the Sharī‘ah, the concepts
in creating an enabling environment for long-term of justice, faithfulness, reward, and punishment are
finance. linked with the fulfillment of obligations incurred
under the stipulations of the contract. Being trust-
The institutional framework of the ideal economy worthy and remaining faithful to promises and con-
and financial system consists of a collection of insti- tracts are absolute requirements, regardless of the
tutions: rules of conduct and their associated means costs involved or whether the other party is a friend
of enforcement to deal with the allocation of re- or a foe. Risk-sharing finance is no exception. Risk
sources and the distribution and redistribution of the sharing takes place via contracts of exchange, which
resulting income and wealth. The objective of these places high importance on such things as social
institutions is to achieve social justice. These insti- capital (Ng et al. 2015; Mirakhor and Hamid 2009;
tutions “structure human interaction by providing Mirakhor and Askari 2010; Mirakhor 2010, 2012).
an incentive structure to guide human behaviour” Trust, social networks, social structures, and shared
(North 2005, 66). Institutions like transparency, norms—all components of social capital—can in-
truthfulness, faithfulness to the terms and conditions crease the enforceability of contracts by deterring
of contracts, unhindered flow of information, and noncompliance for fear of retaliation and loss of
noninterference with the workings of the markets reputation.
and the price mechanism, could effectively promote
long-term cooperation and reduce high transaction Markets
costs. This can be achieved by promoting financial The market’s institutional structure is built around
contracting that minimizes incentive and agency five pillars: property rights, the free flow of informa-
problems, which could otherwise occur in an en- tion, trust, contracts, and the right not to be harmed
vironment of information asymmetry and weak by others and the obligation not to harm anyone. To-
monitoring. Consciousness and self-accountability gether, they serve to reduce uncertainty and trans-
action costs and enable cooperation and collective

30
action to proceed unhindered. stakeholder model is built into Islam’s principles of
property rights, commitment to explicit and implicit
Distribution and Redistribution contractual agreements, and implementation of an
The most important economic institution of the Is- effective incentive system.
lamic economic paradigm to achieve social justice
is its set of rules regarding distribution and redistri- The design of the governance system in Islam can
bution. Distribution takes place after production and be best understood in light of principles governing
sale, when all factors of production are given what the rights of the individual, society, and the state;
is due to them commensurate with their contribu- the laws governing property ownership; and the
tion to production, exchange, and sale of goods and framework of contracts. Islam’s recognition and
services. Redistribution occurs after the distribution protection of rights is not limited to human beings
phase, when the charges due to the less able are lev- but encompasses all forms of life as well as the en-
ied. These expenditures are essentially repatriation vironment. Each element of Allah (swt)’s creation
and redemption of the rights of others in one’s in- has been endowed with certain rights, and each is
come and wealth. obligated to respect and honor the rights of others
(Iqbal and Mirakhor 2004).
1.7.2 Accountable Governance and Legal System
While institutions lay the foundation of a system, a All property ultimately belongs to the Creator, who
sound legal system and an appropriate governance has made all created resources available for humans,
mechanism is needed to ensure smooth function- to empower them to perform what their Creator ex-
ing of the financial system. The need is more pro- pects of them. Individuals are free to acquire and
nounced in risk-sharing–based contracts, given the accumulate property as long as it does not violate
contingent nature of parties’ claims and the limita- the rights and the interests of the society and indi-
tion of human foresight (Askari et al. 2012; Mira- viduals. Islam prohibits the concentration of wealth
khor 2012). Sound bankruptcy laws, overall con- and imposes limits on consumption through its rules
tract enforcement, and efficiency of the legal system prohibiting overspending (isrāf), waste (itlāf), and
could promote the use of long-term finance (Bae ostentatious and opulent spending (itrāf).
and Goyal 2009). One reason why investors prefer
short-term debt is that it offers a way for creditors The principles of property rights and contracts in
to monitor the prospects of an investment project, Islam offer theoretical foundations to acknowledge
which prevents the borrower from acting irrespon- the rights of all stakeholders, Iqbal and Mirakhor
sibly. If the legal infrastructure is strong enough in (2004) argue. Islam’s principles of property rights,
balancing the rights of creditors and borrowers, then contracts, and a just social order define the business
the need for relying on short-term investment as a environment where economic agents are morally
disciplinary tool would decrease, which could help conscious of protecting property rights and contrac-
the development of long-term finance. tual obligations to one another, whether acting as
public servants, managers, employees, suppliers, or
The main objective of governance is to maximize customers, or in any other capacity. All participants
the gains of the related parties and stakeholders in economic activities—whether individuals, firms,
including investors, employees, customers, sup- corporations, nonprofit organizations, or public in-
pliers and the community within the social, legal, stitutions—are subject to the same degree of com-
and market environment. Islamic finance upholds mitment. The notion of the sanctity of contractual
governance since the maqasid al-shariah, i.e. the at- obligations is not limited to explicit contracts, which
tainment of good, welfare, benefits, and warding off are well defined, stipulated, and documented, but is
bad, injury and loss for the individuals, is the ulti- equally applicable to implicit contracts, which are
mate goal. Accordingly, the governance model in the incomplete by nature. Property rights of all contrac-
Islamic economic system is a stakeholder-oriented tual parties—whether individuals, local communi-
model where the governance structure and process ties, intangible legal entities, or society at large—are
at the macro and micro level protect the rights of preserved and protected.
all stakeholders. Whereas the conventional financial
system struggles to find convincing arguments to A financial sector with weak governance and lack of
justify stakeholders’ participation in governance, a transparency is bound to lead to debt financing, mar-

31
ket frictions, inefficiencies, and financial exclusion. of a leader compliant with the rules of Islam.
Strong corporate governance values would increase
the accountability and transparency of the financial Prevailing legal systems are predominantly based
system. on a conventional worldview. They are plagued
with legal, administrative, and regulatory biases that
Notions of responsibility and accountability play an favor risk-transfer–based debt financing. These in-
important role in shaping the behavior of leaders in clude, but are not exclusive to, tax code favoritism
the public and private sector in an ideal Islamic fi- that incentivizes the build-up of more financial le-
nancial system. Business leaders are expected to act verage (Haneef and Mirakhor 2014; Haldane 2011)
prudently as opposed to recklessly and to act with (see box 1.3). In fact, all institutional arrangements
the best ethical behavior. For example, taking exces- within the modern financial architecture, including
sive risks is a form of acting without prudence and the fractional reserve banking system and deposit in-
probably in one’s own self-interest rather than the surance, were meant to facilitate the transfer of risk
larger interest of the shareholders and stakeholders. originating from finance. Therefore, the develop-
Similarly, attempts to circumvent regulatory con- ment of supportive legal and tax codes is absolutely
straints, find loopholes in the law, and misrepresent critical for the efficient mobilization of resources on
matters, and acts of willful negligence that were the basis of risk sharing.
common practice among top business leaders dur-
ing the global financial crisis would not be the traits

Box 1.3 Whither Tax Code Favoritism?


land, and Turkey, full denial of interest deductibility
Most corporate income tax (CIT) systems allow in- has not been implemented anywhere. Instead, some
terest payments (which are based on risk transfer) countries have opted for partial restrictions that
to be deducted in calculating corporate tax liability. deny interest deductibility beyond a certain fixed
However, dividends (which are based on risk shar- level of debt or interest.
ing) are not tax deductible. This tax code favoritism
acts as an incentive to firms, including banks, to take Evaluations generally suggest that adding an allow-
on more financial leverage, increasing the threat to ance for corporate equity has been effective in re-
financial stability. Studies by De Mooij (2011) and ducing debt bias (IMF 2016a). Yet the majority of
Feld, Heckemeyer, and Overesch (2013), for exam- today’s rules, which comprise partial restrictions on
ple, show that a tax subsidy for debt due to a CIT debt, that aim to restrict borrowing by related par-
rate of 25 percent (the average in the member coun- ties, are found to have no significant impact on debt
tries of the Organisation of Economic Co-operation bias (De Mooij and Hebous 2017). Also, these rules
and Development, OECD) increases the debt-to-as- have no impact on mitigating risks to financial sta-
set ratio in an average corporation by 7 percentage bility. Rules applying to all debt, in contrast, turn
points. Schepens (2014) demonstrates that reduc- out to be effective: the presence of such a rule re-
ing the tax discrimination between debt and equity duces the debt-asset ratio in an average company by
could be a viable policy tool. 5 percentage points and reduces the probability for a
firm to be in financial distress by 5 percent. Debt ra-
Removing tax code favoritism can either be achieved tios are found to be more responsive to partial denial
by adding an allowance for corporate equity or of interest deductibility in industries characterized
by denying interest deductibility for corporations. by a high share of tangible assets. These findings
While the former approach has been quite widely have huge implications for the future of long-term
advocated by economists and implemented in some investment financing.
countries, such as Belgium, Cyprus, Italy, Switzer-

32
1.7.3 Long-term Investment Horizon development policies. Moreover, the Islamic para-
Just as institutions guide human behavior by pro- digm places a strong emphasis on intergenerational
viding an incentive structure that is compatible with sustainability in both environmental and fiscal is-
the way the mind perceives the world and its func- sues.
tioning, paradigms become relevant. Paradigms in
economics include conceptions of humankind and As a result, an investor in the Islamic framework
society and their interrelationships. The Islamic takes cognizance of social and environmental ele-
economic paradigm is Creator-centered. There is ments as integral parts of his/her decision process,
a symbiotic relationship between humankind, the conscious of his/her obligations toward individuals,
Creator, and the environment that clearly links Is- society, the environment, and other living creatures
lamic principles and the emphasis on inclusive and (Mirakhor and Askari 2010). In terms of investment
environmentally friendly and fiscally sustainable horizon, a rational Muslim is expected to be a long-

Box 1.4 Why Isn’t Islamic Finance So Prevalent Today?

While experts agree that the absence of clear proper- multi-dimensional and based on injunctions from
ty rights and good governance; market failures and the Qur’an and Prophetic Sunnah with regards to the
policy distortions; lack of awareness of the full cost socio-economic behavior of Muslims. Dimensions
of risk transfer and underutilization of the Islamic included compliance with Islam axioms of Unity,
social sector hinder the mobilization of Islamic fi- Prophethood and accountability; spiritual and moral
nance for long-term investments, they point to a uplift and institutional quality, among other things.
problem that is even more deeply rooted. It is that The design of the index allowed the benchmark user
of societal norms and behavioral responses. This is flexibility to adopt any conception of Maqasid he or
best exemplified in the dichotomy between the pre- she deems reasonable, whether classical or contem-
scription of Maqasid (objectives) of Shari’ah (Is- porary, or of three or more constituents. The index
lamic Law) and the current state of affairs in Mus- measured the compliance of 37 OIC member coun-
lim countries. tries with Maqasid. It showed that in spite of Mus-
lim countries’ claim of Islamicity, there is a deep
Islam prescribes a comprehensive set of rules of chasm between Islam’s behavioral prescription and
behavior (institutions), incentives and enforcement the current conduct in Muslim countries.
mechanisms, which can be systematically catego-
rized as promoting the higher objectives intended by To illustrate this point, let us consider the fact that a
the Creator and Lawgiver; i.e. Maqasid al-Shari’ah. number of businesses in Muslim countries conceal
their incomes, understate their revenues, inflate their
Well into modern times, learned scholars sought to expenditures, and siphon off the money by main-
represent the true objectives of the Law Giver for taining multiple books of accounts and indulging in
individuals and their societies. A remarkable contri- all kinds of malpractices. All of these heighten risks
bution to the field reduced the number of Maqasid to capital providers and dissuade them from part-
to the three most essential and absolute minimum ing with their funds for extended maturities. On top
principles on the basis of inductive reasoning of the of that, such practices tantamount to outright viola-
holy Qur’an, namely unity, individual and society’s tions of Islamic rules of behavior. In a true Islamic
right to self-purification, and individual and societal society where Islamic values of truthfulness and
right to development. In an attempt to assess the integrity are observed these malpractices become
performance of Muslim communities against such non-existent, the strong attributes of the Risk-Shar-
objectives, Alaabed, Askari, Iqbal and Ng (2016) ing Model will certainly overwhelm all other modes
developed a Maqasid Benchmark Index that could of financing.
serve as a self-inspection tool. The benchmark was

33
term investor who maximizes the utility of wealth there is growing interest among the development
instead of wealth itself to assure felicity here and in community in the subject of equity participation as
the hereafter. a tool to promote development. The impediments of
debt finance have become increasingly obvious at
In Islam, the expected behavior of financial institu- both micro and macro levels, particularly given the
tions and markets is not any different from the ex- growth of nonperforming loans. Indeed, borrowing
pected behavior of any other member of the society. has its advantages, but it can lead to problems if it is
Although the institutions and markets themselves do used to finance risky ventures or projects which are
not have a conscience, the behavior of their man- of a long-term nature. In comparison to debt-based
agers and participants becomes their behavior, and finance, in equity finance the provider of capital
their actions are subject to the same high standards is responsible to take on the risk. As there is flex-
ibility in the pay-off, in relation to the project be-
of moral and ethical commitment as expected from ing backed, the risk is reduced and the likelihood
any member of society. The economic and moral of successful outcomes is enhanced (Wilson 1993).
behavior of financial institutions and markets are Box 1.5 explores the conceptual differences in the
shaped by their managers and participants, and it use of debt and equity funding.
is their fiduciary duty to manage the entity for the
benefit of all the stakeholders and not for a minority In addition, social channel is another alternative
class alone. for risk sharing-based fund mobilization. An im-
portant dimension of Islamic finance is the diverse
Nevertheless, today Islamic finance is criticized to set of financial products and arrangements that can
fall short in achieving its aspirations. The industry be adapted to the requirements of the society and
needs to deal with a number of challenges in order socioeconomic development. Islamic redistributive
to unlock its potential to mobilize funds for long- instruments have provided the rich with the means
term investments. Box 1.4 provides a discussion on to share the risks of the poor and contribute to eco-
the underlying reasons that restrain the development nomic development of the society. Islam not only
of Islamic finance. puts in place a method of redistribution of wealth—
for example, at the time of distributing an inheri-
tance—but also a method of periodically redistrib-
1.7.4 Risk-sharing−based Fund Mobilization uting income and wealth in the form of zakāt, waqf,
The core principle of risk sharing in Islamic finance and more frequent ṣadaqāt and other contributions.
stipulates that investors and users of funds share the These instruments play an important role in bring-
outcome of the project or asset being financed. The ing idle wealth into circulation and productive use.
unconditional prohibition of interest in any form by To date, however, this product diversity has not been
fully utilized in development financing. In practice,
Islamic law eliminates unsecured debt from the fi- most financing for economic development is mono-
nancial system and gives preference to asset-backed contract–based and concentrated on a few modes.
and equity or participatory finance. Thus, these social instruments need to be revived
and institutionalized to gain optimal benefits and
Encouraging financial instruments that promote risk become a source for long-term investment, particu-
sharing and asset-backed financing could make the larly by using waqf. For the Islamic social sector to
financial system more conducive to long-term fi- be utilized in long-term projects it is important to
nance. The development of equity-based funding in reform the legal and regulatory environment as well
capital markets could play an important role in mo- as to develop innovative solutions to re-invigorate
bilizing resources without creating leverage in the the sector.
economy. A financial system based on asset-backed
financing would encourage real transactions and
growth in the real sector (World Bank and IsDBG
2016).

Long-term financing can be provided in either debt


or equity form as both methods have a significant role
to play in funding long-term investments. However,

34
Box 1.5 The Conceptual Difference between Debt and Equity
Contracts in general are akin to internal «rules of the (2017) identify, equity is about risk sharing, where-
game» (Fama and Jensen 1983). They specify coun- as debt is about risk transfer (to the borrower). The
terparties’ rights, criteria by which performance is Modigliani-Miller theorem suggests that the cost of
evaluated, and parties’ payoff structures. equity is the same as the cost of debt, but the theorem
holds true only when there is no bankruptcy or tax
An equity contract bestows rights proportionate to net differential.
cash flows. It represents residual ownership claims.
Its payoff, defined as the sum of change in the price There are therefore two elements of the debt-equity
and dividends, is contingent upon future outcomes. contract that requires constant monitoring and ac-
An equity owner therefore assumes all risks of loss on tion. The first is surveillance and control (credit as-
his or her assets. sessment, monitoring, and debt collection) over the
financial condition of the borrower. The second is a
Debt, on the other hand, is a contract for the “rent time element in the contract. The longer the term of
of money” in which the borrower is allowed to use the debt, the higher the risk-return expectation.
the sum of money subject to terms and conditions of
repayment as to interest and principal. A fixed and The lender or investor is always subject to uncertainty
predetermined rate of interest is allocated as a pay- as to the behavior of the borrower/investee, who can
off to the lender, regardless of the state of the world or try to cheat. Trust is always an issue. Uncertainties
or project outcome. The onus of debt repayment in a are monitored depending on the “skin in the game” of
conventional debt contract is thus one where the de- the players.
fault risk is transferred to the borrower.
“From a social point of view, equity has a distinct
Debt and equity contracts are part of a spectrum of advantage,” Stiglitz (1989, 57) suggests. “Because
risks. An equity holder is often interested in the high risks are shared between the entrepreneur and the
end of the risk-return distribution, whereas a lender capital provider, the firm will not cut back production
interested in safety focuses on the low end of the risk- as much as it would with debt financing if there is
return distribution. In essence, as Rafi and Mirakhor downturn in the economy.”

35
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39
Chapter 2
An Empirical Islamic Finance Framework for
Financing Long-Term Investment
A large body of theoretical and empirical literature Efficient risk allocation ensures that long-term proj-
is devoted to the discussion of financial development ects of greater socioeconomic value but high risk are
and the role of a well-functioning financial system in funded by matching profiles of investors. Pooling
promoting welfare and long-term growth. A well-de- of resources and diversification of ownership en-
veloped financial system promotes efficient financial sure democratized access to finance, where support-
intermediation by alleviating information asymme- ing markets and institutions make available a broad
try to reduce transaction and monitoring costs. How- spectrum of financial instruments to channel savings
ever, a growing body of literature is questioning the from households and corporations into an adequate
validity of a feedback system in which access to and matched supply of high-quality projects, on the ba-
use of credit is used as a proxy for financial devel- sis of risk, value, and maturity matching. A sound
opment. Askari, Iqbal, and Mirakhor (2011) sug- financial infrastructure can contribute to long-term
gest that a financial system based on the supply of financing by improving macroeconomic conditions
credit is too narrow because it focuses merely on the in an economy and by decreasing those externalities
transfer of risk, enhancing speculative activities and that make short-term financing more optimal.
short-termism in financial markets, and resulting in
financialization of assets. For a long-term sustainable This chapter empirically reviews whether a well-
financial system, a more functional view is needed functioning financial system based on appropriate
that promotes risk sharing rather than risk transfer. A governance mechanisms, supporting infrastructure
lopsided financial sector is not conducive to effective that enhances risk sharing, and institutional arrange-
risk sharing. Ul-Haque (2002) proposes an inclusive ments that promote trust and cooperation increases
financial system that endorses: financing for long-term investments. In consider-
• Efficient risk allocation ing a well-functioning financial system, the analysis
• Pooling of resources and diversification of own- does not focus narrowly to proxies such as the depth
ership of financial markets, but also consider other prox-
• Efficient contracting ies that would capture wide-ranging issues such as
• Transparency and price discovery the regulatory and supervisory framework, corporate
• Efficient capital mobilization governance, development of trust, and risk-sharing
• Better governance and control behavior. In doing so, the analysis aims to depict and
• Operational efficiency.

41
compare the relative state of member countries of Similar reasoning holds true in addressing the vola-
the Organisation of Islamic Cooperation (OIC) with tility of growth due to less diversified exports. While
respect to the rest of the world in terms of broader increasing the diversity of exports is a potential op-
challenges in creating an enabling environment for portunity, it is not in the capacity of individual pri-
long-term financing. vate sector firms to lessen volatility. A diversified
export market in terms of both diversity of products
2.1 Factors Affecting Risk-Sharing Long- being exported and the number of countries to which
Term Finance these products are being exported would enable the
domestic economy to better insulate itself from id-
2.1.1 Macroeconomic and Political Stability iosyncratic shocks to its economy. Thus, slow and
One of the major obstacles for financing long-term unstable growth discourages long-term private in-
investment projects arises from the fact that long- vestment. Hence, the policies that can encourage
term projects generate returns only after a certain broad-based economic growth and increase diversi-
period of initial investment. This makes long-term fication of trade while utilizing competitive advan-
financing more susceptible to macroeconomic fac- tage can result in increasing both the demand for and
tors such as inflation and business cycle fluctuations. supply of long-term finance.
The demand and supply for the long-term financing Figure 2.1 exhibits the role of macroeconomic sta-
can be adversely affected by lower macroeconomic bility in determining the maturity structure of long-
stability (Caprio and Demirgüç-Kunt 1998). Un- term debts. There is a strong positive correlation
favorable macroeconomic conditions such as high between macroeconomic stability and maturity of
inflation, slow economic growth, and high volatility the financial instruments, implying that more stable
can contribute to lower demand for long-term in-
vestment by private sector firms. Conversely, stable
Figure 2.1 Macroeconomic Stability and Maturity
macroeconomic conditions substantially contribute
of Financial Products in OIC Countries
to growth and not only enhance the saving capacity
10-year average, 2005–15
of households and corporates but also create produc-
tive investment opportunities.

A stable macroeconomic environment reflecting a


combination of economic and political stability helps
in better assessing the risks and returns associated
with long-term investments.

The increasing volatility of growth is an outcome


of less diversified economic sectors and less diver-
sified exports, among other causes. While the ex-
istence of low economic growth and low GDP can
be seen as an opportunity to invest and achieve the
potential level of GDP, individual firms do not have
the capacity to overcome impediments and under- Source: International Debt Statistics (The World Bank)
take large-scale investments that could bring about The Global Competitiveness Report 2015-2016
a change in the structure of the economy. Given the
existing resource base, lack of institutional support, macroeconomic conditions lead to longer maturity
and poor governance, the cost of bringing about such of financial instruments. Hence, economic programs
a change becomes quite high for individual firms. that would increase long- term economic stability
Moreover, because of the positive externalities that would potentially enhance both the demand for and
the change is expected to generate—and which the supply of long-term finance. One way of creating
change agents cannot internalize—the firms would relatively stable economic growth could be giving
undervalue the true social benefit of big projects that both consumption and investment equal importance
could offer huge benefits to the economy as a whole. and not relying too much on particular sectors.

42
2.1.2 Institutional Development reports the relationship between the Financial De-
Besides macroeconomic and political stability, a velopment Index and the maturity of external debt,
well-functioning financial system reduces the ef- where the Financial Development Index includes all
fects of negative externalities (moral hazard and in- the broader proxies discussed earlier. The positive
formation asymmetries) that would otherwise make association clearly indicates that a well-functioning
short-term investments preferable over long-term in- financial system could help facilitate long-term fi-
vestment. Before the global financial crisis, it was be- nancing.
lieved that too much regulation distorted the market
mechanism and would lead to socially suboptimum Another important factor that might influence the
allocation of resources. The adverse global impact of maturity structure of financial instruments is institu-
the crisis led to the need for effective regulation and tional quality. Institutional quality and good gover-
supervision of the financial sector. A strong supervi- nance not only directly affect financial sector devel-
sory and regulatory framework not only enables the opment, but their indirect impact is much larger on
smooth functioning of the financial system but also both the direction of financial development and on
provides a possible way to deal with the negative reducing short-termism in the financial system. Fig-
externalities that make long-term investments less ure 2.3 presents the impact of regulatory efficiency
attractive. Longer maturities in long-term finance on the maturity structure of debt instruments. Cor-
impose risks for providers of capital, which could be porate bond maturity and external debt maturity are
worsened by information asymmetries that prevent used as a proxy for maturity structure, and the ef-
creditors from knowing the true nature of the profit- fectiveness of the regulation of stock exchanges is
ability of investment and whether the borrowers are used as proxy for not only regulatory effectiveness
willing to repay the credit they have taken on (Sti- but also for risk-sharing financial infrastructure. The
glitz and Weiss 1981). positive association reported in all the panels high-
lights the importance of the effectiveness of the qual-
Strong institutions, the ability to effectively enforce ity of the regulatory framework in promoting long-
financial contracts, a well-defined collateral frame- term financing.
work, and agencies that could provide credit infor-
mation are some of the factors that could alleviate 2.1.3 Risk Sharing
the problem of informational asymmetries and agen- A well-functioning efficient financial market is also
cy problems (Peria and Schmukler 2017). Figure 2.2 necessary to innovate a variety of financial products

Figure 2.2 Financial Development and the Figure 2.3 Regulatory Efficiency and the Maturity
Average Maturity of External Debt Structure of Financial Products
10-year average, 2005–15

Source: International Debt Statistics (The Source: Global Financial Development


Source: International Debt Statistics (World Bank); World Bank) The Global Competitiveness Database, 2017; WEF 2015.
World Bank calculations. Report 2015-2016

43
to match the needs of investors with long-term in- ing, and insider trading—all of which are inconsis-
vestment horizons. While bank borrowing and bond tent with the spirit of risk sharing. Moreover, lack
issuance exemplify risk-transfer–based debt-financ- of liquidity, informational asymmetry, and lack of
ing instruments, an active and efficient stock market governance are likely to undermine the integrity of
is arguably the best avenue for risk sharing (Brav, stock markets and aggravate the moral hazard prob-
Constantinides, and Geczy 2002). Stock markets lem (Askari 2012; Askari, Iqbal, and Mirakhor 2010;
tend to be more strongly associated with greater use Iqbal and Mirakhor 2011; Chapra and Khan 2000).
of long-term finance (Demirgüç-Kunt and Maksi-
movic 1999, 2002). However, stock markets need One of the important factors that potentially impedes
to function efficiently. In a recent paper, Alaabed the development of risk-sharing products is the debt
and Masih (2016) find empirical evidence that the bias prevalent in financial systems throughout the
presence of stock markets in OIC member countries world. The fact that interest payments on fixed in-
seems to facilitate risk shifting and to strengthen come instruments are tax-deductible creates an envi-
the incentive for opportunistic behavior. This may ronment where debt-based financial instruments of-
be because existing stock markets are fraught with fer higher after-tax returns compared to risk-sharing
the information asymmetry, speculation, short sell- instruments such as equities. Figure 2.4 reports the
tax benefit of debt relative to equities from 23 Eu-
Figure 2.4 Debt Bias in a Tax System ropean countries, drawn from Overesch and Voeller
(2010). There is a positive relationship between the
size of market capitalization of the private bond mar-
ket and the tax bias toward debt securities. Hence,
one can argue that creating a fairer tax system that
treats risk- sharing products such as equity financing
and fixed income instruments such as debt similarly
could help the development of a financial system
based on principles of risk-sharing products.
Akin, Iqbal, and Mirakhor (2016) developed a multi-
dimensional composite risk-sharing index (RSI) that
encompasses different aspects of risk-sharing con-
cept, grouped under four components: institutional
scaffolding, governance and legal environment, fi-
nancial sector development, and multidimensional
Source: Oversch and Voeller 2010, Financial Developement and Structure Dataset, 2017

Table 2.1 Components of the Risk-Sharing Index


Governance and legal
Institutional scaffolding Financial sector development Multidimensional inclusion
environment
Information cost and Legal system General development Economic inclusion
quality
Property rights Corporate governance External firm financing Financial inclusion
Contract enforcement Regulatory quality Alternative risk-sharing Social exclusion
instruments
Trust
Solidarity
Source: Akin, Iqbal, and Mirakhor 2016.

44
inclusion. Table 2.1 describes the indicators in each 2.2 Relative Status of Financial Development
component. The composite RSI is then developed and Long-term Financing in OIC Countries
using factor analysis and the nonlinear weights
methodology. Each indicator consists of various di- 2.2.1 Financial Development
mension of the each of the components20. Long-term investment in OIC countries faces chal-
lenges of quantity as well as the challenges because
Figure 2.5 provides a comparison of the financial of its composition. The quantity challenge is that do-
sector of countries based on relative risk sharing. It mestic savings fall short of investment (and invest-
reports the RSI of countries based on income groups. ment needs) in many OIC countries. This shortfall
It is evident that risk sharing is higher in high-in- is partially covered by reliance on external capital
come countries than in countries lower on the in- flows. Despite this, the gap between savings and
come strata. Similar trends can be observed for OIC investment remains, which also affects the quantity
countries, although they have a lower median of RSI of long-term investment. The challenge of composi-
in all income groups. The lower level of risk sharing tion is that of the savings that are invested, the pro-
among the lower-income groups highlights the im- portion of long-term investments is low compared
portance of risk sharing for economic development. to short-term investments in all OIC countries. As
To understand whether risk sharing affects the ma- chapter 3 argues, despite significant advantages, lack
turity of financial instruments, figure 2.6 reports the of adequate long-term financing remains one of the
relationship between the RSI and average maturities major challenges in the developing and even in the
of external debt and corporate bonds. There is strong developed countries. To address these challenges, in-
positive correlation between the RSI and average
ternational institutions such as the World Bank, the
maturity of foreign debt commitments (panel a),
Organisation of Economic Co-operation and Devel-
suggesting that countries scoring lower on the RSI
Figure 2.5 Risk-Sharing Index across Different Figure 2.6 Risk-Sharing Index and Maturity
Income Groups Structure of Financial Products
Panel a Panel b

Source: Akin, Iqbal and Mirakhor 2016 Source: Financial Development and Structure Dataset, 2017

usually finance with debts of shorter maturity. The opment (OECD), the Group of Twenty (G-20), the
positive correlation between the maturity structure International Monetary Fund (IMF), and the Finan-
and the RSI validates the hypothesis that financing cial Stability Board have published several studies
based on risk-sharing principles promotes long-term and have undertaken initiatives to create platforms
investments. A similar, positive correlation is also to analyze possible reasons for why the markets
found for corporate external debt maturity, but it is might fail to provide long-term financing.
somewhat weaker (panel b). Several proxies have been utilized in attempts to

For the detailed lists of indicators under each component, see Appendix A of Akin, Iqbal, and Mirakhor (2016).
20

45
capture the well-being of financial system in a Figure 2.7 provides the evolution of broad Financial
country. Ratios of GDP to private credit, and stock Development Index from 1990 to 2014 and contrasts
market capitalization are two of the most popular the OIC countries with non-OIC countries. Both
proxies used for that purpose. However, relying on groups have made progress in this metric over the
one-dimensional proxies to ascertain the strength years. One striking feature is that even though the
of financial system fails to capture the fact that fi- progress has been unequal in both set of country
nancial system is multidimensional and has evolved groups, the progress among OIC countries has been
significantly over time. The analysis in this chapter highly unequal. The median level of the Financial
therefore uses aggregate multidimensional indexes Development Index (marked by the vertical line in
(Svirydzenka 2016) and corresponding data gath- each bar) barely increased between 1990 and 2014.
ered from the IMF Financial Development Index The range of development in non-OIC countries has
Database. been greater and the gap between OIC and non-OIC
has persisted.
These multidimensional indexes are constructed us-
ing data from different data sources that aim to cap- Figure 2.8 contrasts the two sets of countries with
ture not only the depth of financial markets but also respect to the efficiency of Financial Institutions In-
access (the ability of individuals and companies to dex, which is one of the two subindexes of the ag-
access financial services), and efficiency (the abil- gregate Financial Development Index. This index
ity of institutions to provide financial services at low includes banks, insurance companies, mutual funds,
cost and with sustainable revenues, and the level and pension funds. Insurance companies and pen-
sion funds are two of the major sources for long-
Figure 2.7 Evolution of Financial Development Index term investments. This subindex arguably captures
the performance of OIC countries in terms of the
supply side of investments appropriate for long-term
finance. Figure 2.8 shows that OIC countries have
not had a big improvement in the Financial Develop-
ment Index. Interestingly, between 1990 and 2000,
the Financial Development Index decreased for OIC
countries, but then bounced back between 2000 and
2010. On the other hand, non-OIC countries have
followed a slow but consistent improvement in the
Financial Development Index metric, but since the
Figure 2.8 Evolution of Financial Institutions Index

Source: IMF Financial Developement Index Database and author’ calculations.

of activity of capital markets). For example, even


if financial markets have a sizable presence in the
economy, their contribution to economic develop-
ment and allocate saving to investments in most pro-
ductive manner would not take place if the financial
system was wasteful and/or they did not decrease
information asymmetries between savers and inves-
tors. Hence, one could argue that these indexes are
better suited for this analysis, which takes treats fi-
nancial development in a broader perspective.
Source: IMF Financial Developement Index Database and author’ calculations.

46
global financial crisis, this improvement seems to tries might need additional improvement.
have stalled.
2.2.2 Long-Term Financing
Figure 2.9 depicts the other subindex, the Finan- This section analyzes the relative status of OIC coun-
cial Markets Depth Index. This index comprises tries with respect to non-OIC countries, using spe-
stock and bond markets, and thus could be regarded cific proxies that are intended to capture the status of
as capturing the conventional venues of financing long-term financing. Figures 2.10 and 2.11 are drawn
(fixed income and equities). The figure shows that from the World Bank’s Enterprise Survey Dataset,
both sets of countries experienced similar expan- which has information on over 100,000 firms in over
sions during the increase in internet banking and 100 countries. Figure 2.10 depicts the percentage of
investment banking between 1990 and beginning of firms that cited the main reason for not having access
2000s and a decline after the global financial crisis. to financial services as “The size of the loan and its
The OIC countries lag their non-OIC counterparts in maturity were insufficient.”
all three periods.
Firms are classified into three distinct categories
Figures 2.7, 2.8, and 2.9 show that OIC countries (small, medium, and large) based on the number of
are lagging their non-OIC counterparts. Even though employees. Firms in OIC countries, in all three size
there was some improvement between 1990 and classifications, lag their non-OIC counterparts. Firms
2014, it was very unequal. The gap between OIC in OIC countries tend to cite the size and loan matu-
and non-OIC seems most significant in the Finan- rity as a possible obstacle in obtaining finance with a
cial Institutions Index, which is a better proxy for the higher frequency than their counterparts in non-OIC
countries. The biggest divergence between OIC and
Figure 2.9 Evolution of Financial Markets Depth Index non-OIC countries is among small firms, while for
large firms the gap seems to be not that significant.
One explanation might be that corporate saving has
increased sharply in recent period (Chen, Karabar-
bounis, and Neiman 2017), which might decrease the
need for big corporations to seek funds for long-term
finance. Another explanation might be that because
small firms are regarded as high risk and do not have
a well-developed audit system, financial institu-
tions might be reluctant to offer financing to smaller
Figure 2.10 Percentage of Firms Citing Size of
Loan and Maturity of Loan as Insufficient

Source: IMF Financial Developement Index Database and author’ calculations.

supply of long-term finance opportunities because it


captures institutional forms of financing. In three
selected years (2000, 2010, and 2014), the median
of the Financial Development Index in non-OIC
countries is higher than the 75th percentile for OIC
countries. Even the gap between the maximum value
for the OIC countries of the Financial Development
Index is not that different from the median of non-
OIC countries. This suggest that in terms of supply
of funds suitable for long-term finance, OIC coun- Source: Enterprise Surveys, 2006-2016 and World Bank calculations.

47
firms (Beck and Demirgüç-Kunt 2006). Information ers of Islamic finance. Currently, the Islamic bank-
asymmetry problems also seem to limit the ability of ing sector dominates the Islamic finance market.
small and medium firms to obtain long-term loans. Banks—as financial intermediaries that provide fi-
The fact that small firms in OIC countries are more nancing by raising money through deposits—have
vulnerable to this phenomenon could be a sign that limited capacity for maturity transformation because
the externalities for financing are more severe in OIC a large portion of their deposits is withdrawable on
countries. demand. This is indeed the case on the deposit side
of Islamic banks, and explains the lack of availabil-
The second proxy for long-term finance is fixed as- ity of long-term financing from Islamic banks.
set investment. Purchases of fixed assets or equip- In the Islamic capital markets, a large portion of
ment are regarded as investments with a long-term finance providers are individuals or banks (either
horizon. Thus, they can be analyzed in capturing directly or indirectly through their subsidiaries or
the behavior of firms with respect to their decisions related institutions). Individuals can get liquidity
about investments with a longer horizon. Figure 2.11 constrained easily; hence, they usually do not invest
contrasts the three main types of sources of funding with very long investment horizons. The beneficial
for long-term finance in three different size classifi- aspect of the presence of individuals as investors in
cations of firms in OIC and non-OIC countries. the capital market is that, in normal times (noncrisis
situations), not everyone will be liquidity constrained
In general, small and medium firms tend to finance at the same time. This diversity of timing of their
long-term investments through internal funds. Use of liquidity demand helps maintain the stability and li-
external finance, such as banks, seems to be weaker quidity of the market. Despite individual investors’
in OIC countries compared to non-OIC countries. short horizons, the maturity transformation in the
For example, in OIC countries, small and medium capital markets is made possible through trading in
firms financed 9 percent and 12 percent of their long- secondary markets, where new investors replace the
term investment from banks, respectively, while for old ones when the shares are traded. Banks, because
small and medium firms in non-OIC countries, bank of their large size and scale compared to individu-
financing is higher (16 percent and 20 percent, re- als, can invest with better risk management and for
spectively). longer duration in capital markets than individuals.
However, as large players that rely on withdrawable
One of the main sources for long-term financing is deposits, their redemption and sales decisions can af-
institutional investments. Institutional investors can fect the market, contributing to large fluctuations in
offer funds for long-term financing not only to pro- investable funds.
viders of conventional finance but also to provid-
In this context, the existence of other institutional in-
Figure 2.11 Source of Finance for Fixed Asset
Investment vestors, such as pension funds and insurance compa-
nies, with long horizons and with a stable long-term
funding base, can support long-term investments in
capital markets and enhance the supply of long-term
finance.

To capture the relative position of institutional in-


vestors, this analysis uses insurance fund premiums
and pension fund assets as a ratio of GDP. Alongside
sovereign wealth funds and mutual funds, insurance
and pension funds constitute a very significant por-
tion of the supply side for fund for long-term invest-
ments. Although institutional investors tend to invest
in very secure financial products with high ratings,
increasing the base of institutional investors could
Source: Enterprise Surveys, 2006-16, World Bank calculations. help the overall development of the financial system,

48
increasing the variety of financial products, which lamic banking assets as a percent of GDP) in a coun-
would improve diversification opportunities. Figure try and the Financial Development Index. This sug-
2.12 shows that the OIC countries do not have a well- gests that developing the financial system would not
developed institutional investor base. Life insurance only increase the maturity of financial instruments,
premiums are 0.9 percent of GDP in OIC countries, but also contribute to the development Islamic fi-
compared to 3.2 percent in non-OIC countries. The nance.
gap in pension fund assets and total insurance com-
pany assets as a percentage of GDP (15 percent and The maturity structure of various financial products
8 percent, respectively) is even higher between OIC in OIC countries and non-OIC countries is present-
and non-OIC countries. One important contribution ed in figure 2.14. The comparison is for conven-
that the institutional investors can offer for the devel- tional debt products, recognizing that these are not
opment of financial system is that they tend to follow Sharī‘ah-compliant. The purpose of the comparison
an investment strategy that is “patient [and] coun- is only to show the deficiency in long-term financ-
tercyclical, which could help to deepen long-term ing.
financial markets” (Davis and Steil 2001).
As panel a shows, the median value for non-OIC
Reforms that would improve the overall financial countries of the percentage of bank loans to nonfi-
infrastructure would decrease externalities such as nancial firms that have a maturity or more than one
information asymmetry that inhibit the development year is 70 percent. That is, of all the loans from banks
of long-term finance. Once the severity of these ex- to firms, only 30 percent have maturity of less than
ternalities is reduced, new financial instruments that one year. By contrast, in OIC countries, around 80
rely on risk-sharing principles would flourish. This, percent of loans have a maturity less than one year.
in turn, would increase the diversity and arguably the As seen in panel b, the median of maturity of corpo-
stability of financial instruments available for long- rate bonds in OIC countries is around three years less
term finance. than in non-OIC countries. Furthermore, the median
of non-OIC countries is approximately equal to the
Figure 2.13 presents the possible contribution of 75th percentile of the distribution of OIC country
Islamic finance to long-term finance. The figure corporate bond maturities. The same trend is ob-
shows that there is a positive correlation between the served for the maturity structure of corporate bonds
strength of Islamic finance presence (measured by issued by non-financial firms (panel d). However,
share of sukūk issuance as a percent of GDP and Is- the average maturity of syndicated financing in OIC
countries is slightly better than in non-OIC countries
Figure 2.12 Institutional Investors, Non-OIC and (panel c). One reason might be because in OIC coun-
OIC Countries tries, syndicated financing, which is provided by big
10-year average, 2005–15 international banks to large corporations, tends to
focus on infrastructure projects, which have lon-
ger maturities, while in more developed countries,
these loans are channeled into corporate projects,
which do not have as long a maturity as infrastruc-
ture projects. (Cortina-Lorente, Didier Brandao, and
Schmukler 2017).

Figure 2.15 reports the factors that influence the vol-


ume of long-term sukūk issuance21. Governance
indicators such as Rule of Law, Voice and Account-
ability, Regulatory Quality, Political Stability, and
Government Effectiveness, are plotted against the
Financial Development Index. Higher values on

Source: Global Financial Development Database, 2017; Worls Bank calculations.

49
Figure 2.13 Islamic Finance and Financial Development Index

Panel a Panel b

Source: Bankscope, IMF Fianacial Development Index Source: Bankscope, IMF Fianacial Development Index
Database, 2016 Database, 2016

Figure 2.14 Maturity Structure of Various Financial Products


10-year average, 2005–15
Panel a Panel b

Source: World Bank 2015, Appendix B. Source: Global Financial Development Database, 2017

Panel c Panel d

Source: Global Financial Development Database, 2017 Source: International Financial Debt Statistics (World Bank), 2017.

50
Figure 2.15 Factors Affecting the Volume of Long- “Average maturity on new private external debt
term Sukūk commitments(years)” and “Corporate bond average
maturity (years)” are used as two proxies to capture
the average maturity in a given country. The values
are averages of latest available data to capture the
general trend and smooth out idiosyncratic fluctua-
tions. In all eight regression models, the coefficient
of the “Financial Development Index” is positive
and significant. Similarly, the “Macroeconomic En-
vironment Index” has a positive coefficient in all
eight regressions and is statistically significant in six
of them.

This simple analysis suggests that the two most im-


portant factors that policy makers need to focus on
to develop long-term finance are developing a well-
Source: IIFM; IMF Financial Developemtn Index Database, 2016; Worldwide Governance
Indicators and authors’ calculations.
functioning financial system that would decrease
negative externalities and creating stable, predict-
the governance indicators are positively correlated able macroeconomic conditions
with the share of long-term sukūk issued as a per- Promoting macroeconomic stability based on lower
centage of total sukūk. This indicates that countries volatility of economic growth and low stable infla-
with a better governance structure—including sound tion could decrease uncertainty regarding the future
regulatory and supervisory frameworks, rule of law, returns of long-term investments, enabling investors
sound institutions, and an effective government—are to calculate risk/return of their investments (Broner,
more likely to issue long-term sukūk than short-term Lorenzoni, and Schmukler 2013).
or medium-term sukūk.
Policy makers also need to deal with market failures
These findings suggest that having a sound regula- and externalities that promote short-termism. To
tory system would ease the uncertainties related to tackle these problems, policy makers should adopt a
long-term investments. All these factors could rein- more long-term strategy that relies on a broad spec-
force one another in decreasing the uncertainties re- trum of reforms, ranging from the legal system to
garding long-term investments. In addition to these governance structure in a country. (See chapter 4
governance indicators, countries with higher values for a detailed list of recommended policy reforms.)
on the Financial Development Index also issue more Such an approach would not only promote long-term
long-term sukūk. As noted, these findings reinforce finance but also financial instruments that are based
the importance of having sound financial infrastruc- on risk-sharing principles, such as equity financing
ture in extending the maturity structure not only of and Islamic finance.
conventional financial products but also of Islamic
financial instruments.

Table 2.2 looks at various factors that affect the ma-


turity structure of financial products in OIC coun-
tries. The variables included in the regressions were
chosen to maximize the number of observations.

Long-term sukūk is defined as sukūk with a maturity of more than five years. Only countries that have issued long-term (>5 years), medium-
21
term (<5 years and >1 year), and/or short-term (<1 year) sukūk at least once between 2006 and 2016 are considered. The share of long-term
sukūk issuance is defined as the share of total long-term sukūk issuance over the total sukūk issuance for each country between 2006 and
2016.

51
Table 2.2 Maturity Structure of Financial Products in OIC Countries

Sources: Global Financial Development Database, 2017; WEF; International Debt Statistics (World Bank); Financial Development
and Structure Dataset, 2017; IMF Financial Development Index Database, 2016.
Note: p-values calculated from robust standard errors are reported.
*** p<0.01, ** p<0.05, * p<0.1

52
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53
Chapter 3
Developments and Challenges in the Islamic
Financial Sector
3.1 Sectoral Development
The development in various sectors of Islamic fi-
The exceptional growth of the Islamic finance indus- nance is discussed next, along with an analysis of
try in the last decade is a remarkable development the status of their activities to engage in risk sharing
from a low base, but the industry still constitutes a and long-term financing.
tiny fraction of global finance. The risk-sharing na-
ture of Islamic finance has attracted attention in all 3.1.1 The Status of the Islamic Banking Sector in
financial sectors, including banking, capital markets, Financing Long-term Investment
and insurance. Figure 3.1 shows the performance After increasing by double digits starting in the ear-
of Islamic financial services industry from 2015 to ly 2000s, growth in the Islamic banking sector has
2016. slowed recently. In 2015 and 2016, Islamic banking

Figure 3.1 Change in Assets of the Islamic Finance Sector, 2015 versus 2016

Source: IsDB staff compilation of data obtained from multiple sources.

55
assets grew by single digits (5 percent and 8 percent, 2015 and 2016, profitability was adversely affected
respectively) (table 3.1). The tremendous growth in in 2016. The declining trend in profitability may
Islamic banking assets has brought challenges for hint at greater competition among Islamic banks in
risk management. The systemic importance of Is- a contractionary environment, especially in the mar-
lamic banks has also increased. Islamic banking as- kets in Gulf Cooperation Council (GCC) countries.
sets have reached 15 percent or more of the banking Table 3.2 reflects some of these trends.
sector in at least 12 countries, a recent report by the
Islamic Financial Services Board (IFSB 2017) high- After the GFC, the banking sector is going through
lights. The report also notes that almost 30 percent of deleveraging, and Islamic banking sector is not im-
Islamic banking assets are held by domestic systemi- mune to it. Compliance with the new regulatory
cally important Islamic banks. requirements especially related to funding stability
Although net financing of Islamic banks grew in and liquidity has forced the banks to have a more
Table 3.1 Size of Islamic Banking Industry, 2014−16
$billion
2014 2015 2016
Total assets (a) $1,405.73 $1,484.04 $1,608.19
Assets held by domestic systemically important Islamic $369.38 $371.15 $414.38
banks (b)
Percentage (b)/(a) 30% 29% 29%
Source: IsDB staff compilation from data obtained from IFSB and ORBIS (bank-specific).

Table 3.2 Financing and Revenue Patterns of Islamic Banking Industry, 2014−16
$billion
2014 2015 2016
Total financing $874.04 $936.33 $1,028.97
Reserves for impaired loans $52.76 $50.86 $52.67
Net financing $821.28 $885.47 $976.30
Revenue $52.86 $54.53 $47.63
Operating income $15.89 $16.88 $14.45
Source: IsDB staff compilation from data obtained from IFSB and ORBIS (bank-specific).

stable balance sheet where assets and liabilities are ing is not surprising if we look at the maturity struc-
to match closely (Ashraf, Rizwan, and L’Huillier ture of deposits where long term deposits are barely
2016). Since the objective of this report is to high- one percent of the total deposits.
light the status of long-term financing the analysis is
restricted to long term financing. Since the objective of this report is to highlight the
status of long-term financing, the next subsection
Figure 3.2 shows the maturity structure of loan and describes the status of Islamic syndicated financing
deposits for selected Islamic banks whose data was market.
available in ORBIS. The long-term loans (maturity
>5 years) are barely 10 percent of the overall loan
portfolio. The lower proportion of long term financ-

56
Islamic Syndicated Financing long term (with a maturity of five or more years)
Amidst a global regulatory environment leading in the 2014–16 period. Project financing and capi-
to tighter liquidity conditions, Islamic syndicated tal expenditure are the largest contributors to new
financing has emerged as a favorable financing al- financing, especially in the long-term financing cat-
ternative for borrowers with large and complex

Figure 3.2 Maturity Structure of Loans and Deposits of Selected Islamic Banks

Source: IsDB staff compilation of data obtained from ORBIS (bank-specific).

financing requirements. The growth of new syndi- egory. Refinancing of existing loans greatly exceeds
cated financing has not followed a systematic pat- any category, followed by working capital financ-
tern. New loan approvals declined by 17 percent in ing. The pattern of long-term financing in the syndi-
2015, but grew by 27 percent in 2016 (figure 3.3). cated loan market is a positive sign, especially when
This erratic change in demand and approval rate of banks must comply with the new regulations under
new loans suggests that market is still in its infancy. the Basel III Accord that require them to hold more
An increasing number of corporations are seeking short-term reserves. The willingness to refinance
Islamic syndicated financing, in addition to other existing finance can also be a positive sign, indicat-
forms of Sharī‘ah-compliant financing (see box 3.1 ing the willingness of financial institutions to accept
for some recent deals). longer maturities.

The demand for Islamic syndicated financing is 3.1.2 The Role and Status of Islamic Capital
more pronounced in the regions with a Muslim- Markets in Strengthening Long-term Financing
majority population. Although loans were extended When an investor—whether an individual or an
in various geographic jurisdictions, the Middle East institution—does not provide all the capital for a
and North Africa led the pack, followed by East Asia project, other investors are needed to fill the void.
and Pacific from 2014 to 2016 (see figure 3.4). The Islamic capital market provides a unique com-
In terms of the maturity pattern of Islamic financing bination of assets to support long-term financing
under syndicated financing, it is evident from fig- with multiple investors. Equity participation is more
ure 3.5 that about 90 percent of the financing was desirable when the investor shares the full risk of

57
Figure 3.3 Size and Growth of Islamic Figure 3.4 Regional Distribution of Islamic
Syndicated Financing, 2008–16 Syndicated Loan Approvals, 2014–16

45 80

40 70
35
60
30
50
25

20 40

15 30
10
20
5
10
0
2008 2009 2010 2011 2012 2013 2014 2015 2016 0
‐5
East Asia and Pacific Europe and Central La@n America and Middle East and South Asia Sub‐Saharan Africa
‐10 ‐10 Asia Caribbean North Africa

Lending growth Total syndicated loans 2014 2015 2016

Source: IsDB staff compilation from data obtained from Bloomberg. Source: IsDB staff compilation from data obtained from
Bloomberg.

failure of the investment. However, not all inves- Although equity investments are major proportion
tors are the same and some may require liquidity or of Sharī‘ah-compliant investments, in the absence
may need or wish to exit at a specific time. For such of an organized exchange that tracks the perfor-
investors, the Islamic capital market offers fixed in- mance of global Islamic equity markets, it is diffi-
come investments in which the investor shares the cult to measure the size. Furthermore, the equities
ownership risk for a specified time. labelled as Islamic equities are merely the outcome
of a Sharī‘ah screening process (Ashraf 2016).
The Islamic capital market consists of equities, fixed The status of being Sharī‘ah-compliant may not be
income securities, and money market instruments. very important for those firms whose equities are

Figure 3.5 Sectoral Distribution of Islamic Syndicated Financing by Maturity of Loans, 2014–16 27

Long‐term loans
2016

Medium‐term loans

Long‐term loans
2015

Medium‐term loans

Long‐term loans
2014

Medium‐term loans

0.00 5.00 10.00 15.00 20.00 25.00 30.00


Acquisi>on financing Aircra@ financing Capital expenditures
General corporate purposes General sovereign financing Project finance
Real estate Refinance Working capital
Working capital ‐ capital expenditure Working capital ‐ general corporate purpose Other

Source: IsDB staff compilation from data obtained from Bloomberg.


Note: Long term = maturity of five or more years; medium term = maturity of one to five years; short term = maturity of less than one year.

58
Box 3.1 Islamic Syndicated Financing – Success Stories

Emirates Global Aluminium (EGA), an aluminium financial institutions took part in this senior term
conglomerate based in United Arab Emirates, chose syndicated facility. The proceeds from the facilities
Islamic syndicated finance as an alternative source were utilized to finance KNPC’s Clean Fuel Project
to access long-term funding. To refinance its exist- (CFP), which will upgrade and integrate the Mina
ing project finance debt taken on for Abu Dhabi’s Abdulla (MAB) and Mina Al Ahmadi (MAA) re-
Emirates Aluminium (Emal) projects such as the fineries. Eventually, KNPC realized the largest-ever
Taweelah aluminium smelting complex, EGA ap- syndicated Kuwaiti dinar dual-tranche facility, and
plied for a $4.9 billion seven-year syndication in achieved a wider and more diverse source of long-
November 2015, including a $1.23 billion Islamic term funding, despite unfavorable global financial
syndication facility. The Islamic tranche of EGA’s conditions and challenges arising from low com-
syndication was designed based on a commodity modity prices.
murābaḥah structure because of the ease of imple-
mentation. The deal was successfully concluded in The Islamic Corporation for the Development of the
February 2016, with strong participation of a wide Private Sector (ICD) and the International Trade
financier group consisting of domestic, regional, and and Finance Corporation (ITFC) have embraced
international financial institutions, some of which Islamic syndicated finance as an efficient means of
were new lenders to EGA. With a three-year grace extending funds to promote infrastructure develop-
period and 30 percent balloon at maturity, the trans- ment, and to support private sector and small and
action enabled EGA to optimize the capital structure medium enterprises (SMEs) in developing coun-
by consolidating existing project finance loans into tries. The ICD, the private sector arm of the Islamic
a single debt at improved costs. Development Bank (IsDB), signed a contract with
PT Mandala Multifinance Tbk (MMF) and entered
Kuwait National Petroleum Company (KNPC), one into a syndicated murābaḥah facility worth up to $50
of the world’s top refiners, carried out a successful million to support SMEs in Indonesia in 2013. Most
implementation of Islamic syndicated finance to ob- recently, the ICD has acted as a co-arranger in a $32
tain long-term funds to finance projects and invest- million syndicated term finance facility for Noman
ments. Within this framework, a KD1.2 billion ($4 Group, one of Bangladesh’s largest conglomerates
billion) syndication comprising a KD710 million in the textile and garments industry. Similarly, in
($2.4 billion) conventional facility and a KD490 March 2017, the ITFC, a member of the Islamic
million ($1.6 billion) commodity murābaḥah facil- Development Bank (IsDB) Group, signed a contract
ity was designed, with an amortizing structure with with Atlantic Business International on behalf of its
a ten-year tenor. The deal attracted very high interest affiliated body, Banque Atlantique, for a €40 million
among domestic and regional banks and was con- syndicated financing facility. It comprises a two-tier
cluded with relatively favorable terms in April 2016. murābaḥah structure to support SMEs and the pri-
The syndication gave lenders a superior position in vate sector in West African member countries of the
the cash cascade because most of the staple pay- Organisation of Islamic Cooperation (OIC), in addi-
ments were subordinated to lenders’ dues. Eleven tion to promoting Islamic finance.

Sharī‘ah compliant. For the purposes of this report, asset management company on both an equity and
the discussion focuses on two sectors where inves- sukūk basis. Measures need to be taken to enhance
tors made intentional choice to follow the Islamic corporate governance, the regulatory framework,
finance principles. One is the global Islamic fund and tax regulation for the continuous strong opera-
management and the other is the global sukūk mar- tion of the Islamic capital market.
ket.
Trends and Status of the Global Islamic Fund
The mechanism available for the two forms of long- Management Sector
term financing include pooling of funds under an Global fund management industry is a growing sec-

59
Figure 3.6 Global Funds: Assets under Management Figure 3.7 Regional Distribution of Global Islamic
by Asset Type, 2015 versus 2016 Funds by Type of Investments: Assets under
Management and Number of Funds

18 350
12
16
300

14 10
250
12
8
200

Numbers
$billion
10
$trillion

6
8 150

6 4
100

4
2 50
2
0 0
0 East Asia and Pacific Europe and Central La>n America and Middle East and North America South Asia Sub‐Saharan Africa
Equity Bond Mixed assets Money market Alterna=ve assets Real estate Other Commodi=es Asia Caribbean North Africa

2015 2016 Equity Fixed income Money market Equity Fixed income Money market

tor of global financial market. Figure 3.6 depicts and North Africa region declined steeply from 2014
the global asset under management by type of as- to 2016. The sharp decline can be attributed to the
set. The majority of funds are held in equities, fol- plunge in oil prices in 2015, when most of the equity
lowed by fixed income securities—whether bonds markets in the region lost a significant proportion of
or money market. It is difficult to assess the tenor of their value.
funds because of their different orientation and dif-
ferent originating geographic regions. However, the The preponderance of equity in the assets under
inclination of the majority of global funds toward management of funds, whether conventional or
equity highlights the higher risk appetite and longer Islamic, indicates the appetite of investors for the
time horizon of investors in mutual funds globally. long-term investment under a pure risk-sharing ar-
The Islamic fund management sector is much small- rangement. A few Islamic mutual funds provide ex-
er and represents only about 1 percent of the global posure to the infrastructure investments in Malaysia
fund industry. However, in terms of orientation of and Indonesia. However, there is a need for more
funds, in line with their global counterpart, most of such mutual funds that invest in long-term infra-
the assets under management (AUM) by Islamic structure projects.
funds are held in equity funds, followed by fixed in-
come investments (figure 3.7). Overview and Trends in the Sukūk Sector
Among all the Islamic finance products, sukūk has
The global Islamic fund sector is generally concen- the potential to raise long-term financing for key
trated in regions with a Muslim majority. The Mid- sectors like infrastructure and energy. In terms of
dle East and North African region leads, with asset the market development, the sukūk market has wit-
under management of $21.45 billion, followed by nessed enormous growth and accompanying chal-
the East and Pacific region, with assets under man- lenges in the last decade. Figure 3.10 shows sukūk
agement of $18.44 billion at the end of 2016 (figures issuance (volume) in terms of maturity structure:
3.7 and 3.8). Figure 3.9 presents the assets under short term (less than one year), medium term (lon-
management of global Islamic funds from 2014 to ger than one year and up to five years), and long
2016. Assets under management for the Middle East term (longer than five years).

60
Figure 3.8 Distribution of Assets under Management Figure 3.9 Regional Distribution of Global Islamic
by Investment in the Size of Firms, 2014–16 Funds Assets under Management, 2014–16

Source: Thomson Reuters Lipper: Global Fund Market Statistics for


June 2017, Lipper analysis, investment funds.
Source: IsDB staff compilation from data obtained from Bloomberg.

Figure 3.10 The Number and Amount of Sukūk Figure 3.11 Maturity Structure of Outstanding
Issuance, 2006–16 Sukūk at the end of 2016

Source: IsDB staff compilation from the data obtained from IIFM.

Sukūk issuance surpassed $88 billion (about $60 journey has not been smooth. In 2008, sukūk issu-
billion in long-term sukūk and about $28 billion in ance dropped considerably, especially for long-term
medium-term and short-term sukūk) in 2016 as com- sukūk, because of the global financial crisis and
pared with $34 billion a decade ago, with a maturity some Sharī‘ah compliance issues (figure 3.10). The
structure from one week to perpetuity. However, the market improved considerably by 2010 and peaked

61
in 2012, when issuance amount for long-term sukūk Figure 3.11 presents the maturity structure of out-
reached $64.2 billion, matching the short-term standing sukūk at the end of 2016. About 90 per-
sukūk issuance that year. The number and amount of cent of total outstanding sukūk were issued as long-
short-term sukūk issuance picked up in 2009 when term sukūk with a maturity of five years or more.
the Malaysian central bank started issuing sukūk to The East Asia and Pacific region is at the forefront
create liquidity in the market, and then slowed down both in terms of number and amount of outstand-
in 2014. Long-term sukūk surpassed the combined ing sukūk in all three maturity buckets. This can be
issuance of short-term and medium-term sukūk in attributed to the deliberate efforts of the Malaysian
2015 and healthy rising trend continued in 2016. government to promote Islamic finance. More than
The appetite for long-term sukūk issuance may well 50 percent of outstanding sukūk will mature after
continue for the next few years due to the demand five years, suggesting the suitability and acceptance
for funds from the Gulf Cooperation Council (GCC) of sukūk as instrument for financing long-term in-
countries to cover the budget deficit and complete vestment.
infrastructure projects started earlier.

Table 3.3 Regional Breakdown of Maturity Structure of Sukūk Issuance, Selected Years
$billion and number

Source: IsDB staff compilation from data obtained from IIFM.


Note: The number of sukūk appear in parentheses. Long-term = maturity of five or more years; medium-term = maturity of one to five
years; short-term = maturity of less than one year

62
Table 3.3 provides a regional breakdown of sukūk jurisdictions from Asia, the Middle East and North
issuance in terms of amount and number of sukūk Africa, and Sub-Saharan Africa. This is an encour-
with respect to terms of maturity for selected years. aging sign for the sukūk market, especially for the
It is evident from the table that the sukūk market has sukūk with longer tenor.
undergone a structural change over the last decade.
While the amount of sukūk issued in medium to long To further understand whether corporate issuers
tenors has generally been rising, issuance of sukūk have been interested in sukūk issuance, the data
with a maturity of less than one year has declined was divided by issuer type, whether corporate or
by more than 50 percent. The most notable finding sovereign. Figure 3.12 provides a regional analysis
from the table is the decline in short-term sukūk is- of sukūk issuance based on the type of issuer and
suance in 2015 in the East Asia and Pacific region. maturity for selected years. Sovereign sukūk issu-
The fall in sukūk issuance in the short-term catego- ance generally outpaced corporate sukūk issuance.
ry can be attributed to the nonissuance of sukūk by This trend is more pronounced in the East Asia and
Bank Negara Malaysia for liquidity reasons. Pacific region. Corporate issuance has surged, to
reach 24 percent of global sukūk issuance in 2016,
The trend for the long-term sukūk issuance remained as compared with 12 percent in 2014. More sukūk
positive in most regions, including East Asia and issuance is expected in the coming years due to the
Pacific, with slight decline in the Middle East and budget deficit in the oil-rich Middle East and North
North Africa region from the peak of $16.82 billion Africa region.
in 2014 to $13.45 billion in 2016. Despite enduring
global challenges, including low oil prices, issuance One important sign of the potential of long-term
of new sukūk increased from 2015 to 2016, despite sukūk issuance is the acceptance of sukūk as Tier
a 44-percent drop in 2015 as compared to 2014. One I and Tier II capital for banks in most jurisdictions.
of the major contributors to the higher growth in This also has helped in developing new sukūk struc-
sukūk issuance is the participation of new issuers in tures.

Figure 3.12 Regional Sukūk Issuance: Sovereign versus Corporate Sukūk Issuance, 2014–16

Source: IsDB staff compilations from data obtained from IIFM.


Note: There was very little sukūk issuance in Latin America and the Caribbean in 2015 and 2016.

63
3.1.3 Insurance Companies and the Takāful majority of the countries hold a major proportion of
Market their portfolio in bonds, followed by equities. The
Because of their liability profile, which spans the striking fact is that most of the bonds that insurance
lifetime for a policy holder, insurance companies companies hold in their portfolios are public-sector
are able to invest in long-term funding. However, bonds, which again reflect the conservative nature
their ability to allocate resources to long-term fund- of the investment portfolios of insurance companies
ing, especially private sector projects, is constrained (figure 3.14).
by their portfolio restrictions. In recent years, the
amount of funding allocated by insurance compa- The investment portfolio profile of insurance com-
nies to equity and private equity has declined rela- panies suggests that insurance companies would
tive to bonds. be interested in high-quality infrastructure bonds
backed by sovereign guarantees.
Figure 3.13 shows the portfolio allocation of insur-
ance companies from selected countries. It is evident The takāful market is still in its infancy in serving
from both panels that insurance companies from a both the life and general takāful needs. Overall,
Figure 3.13 Investment Portfolio Allocation, 2015
a. Life insurers b. Non-life insurers

Source: OECD Global Insurance Statistics.


Note: Data exclude assets linked to unit-linked products where risk is fully borne by policyholders. The “Other” category mainly
comprises loans and mutual fund investments for which no look-through was available.

64
there are 305 takāful providers globally, according the year-over-year growth of gross contribution by
to IFSB statistics. Of these 305, 107 provide general takāful operators. The Middle East and North Africa
takāful, 57 provide family takāful, 116 provide both region provides the major contribution to the global
life and general takāful, while 25 provide re-takāful gross contribution, followed by the East Asia and
services. Pacific.

Gross contributions to the global takāful industry Figure 3.15 presents the growth trend in the se-
were $25.1 billion in 2015, with a 14 percent in- lected indicators of takāful operators listed on the
crease as compared with the previous year, IFSB Bloomberg Takaful index. There is healthy sign of
(2017) reports. General takāful contributed about improvement in the total assets in all jurisdictions
83 percent to the overall gross takāful contribution, except for Malaysia, where the trend has been nega-
while family takāful contributed merely 17 percent tive (figure 3.15, panel a). One of the possible rea-
as of end-2015 (Milliman 2017). The gross premium sons for the declining growth trend for Malaysian
increased to $34.38 billion in 2016. Table 3.4 shows operators is the weakness of the Malaysian ringgit

Figure 3.14 Portfolio Allocation to Public and Private Sector Bonds, 2015
Percent of total investment
a. Life insurers b. Non-life insurers

Source: OECD Global Insurance Statistics.


Note: Data exclude assets linked to unit-linked products where risk is fully borne by policyholders.

65
Table 3.4 Family and Non-Family Takāful Gross Premiums Written, 2015 versus 2016

Source: For 2015, IFSB (2017); for 2016, data are for the companies listed on the Bloomberg Takaful Index.
Note: -- = not available

against the US dollar and decline in the sales of new ects with assured revenue streams in investment
automobiles (IFSB 2017). One of the positive signs grade sukūk.
for the takāful industry is the considerable improve-
ment in the profitability of takāful operators, espe- 3.1.4 Other Institutional Investors Pension
cially from the Middle East and North Africa region, Funds
where takāful operators from both Saudi Arabia and Pension funds are important sources of capital for
United Arab Emirates have positive income contri- long-term investments due to their longer-term in-
butions (figure 3.15, panel a). On average, the prof- vestment horizon. More than 90 percent of pension
itability (return on assets) of takāful operators has fund assets are concentrated in member countries
been improving and turned positive in 2016 in all of the Organisation for Economic Co-operation
countries (figure 3.15, panel b). and Development (OECD) and are invested in the
OECD (figure 3.16). Infrastructure investment by
Since there are no data available about the portfolio pension funds is most prevalent in Latin America
investments of takāful operators, how these opera- and the Caribbean, but there are also some early ex-
tors are investing is not known. The trends in the amples in Asia and Africa. As for the role of insur-
insurance industry suggest that the investment port- ance companies, there are precedents of infrastruc-
folio of takāful operators is similar to the conven- ture investments by domestic insurers in Africa,
tional insurance industry. If so, insurance companies including investments by South African insurers in
would be more interested in the long-term sukūk, the Pan African Infrastructure Development Fund
both corporate and sovereign. Due to the long-term and the South African Infrastructure Fund (Chuckun
horizon of takāful operators, life takāful, in particu- 2010), as well as investments in telecoms equity in
lar can provide investment for infrastructure proj- Cabo Verde and telecom bonds in Mozambique by

Figure 3.15 Selected Indictors of Takāful Operators, 2013–16


a. Total assets b. Return on assets

Source: IsDB staff compilation from Bloomberg data.

66
national insurers (Irving and Manroth 2009). Africa therefore considerable appetite for risks.
has also been a popular destination for infrastructure
investments by Chinese sovereign wealth funds. Private Equity Funds
Private equity funds are a rapidly growing sector,
In terms of asset allocation, pension funds are more with about $4 trillion in assets. In recent years, pri-
diverse and provide investment in both equities and vate equity funds have earned much higher returns
fixed income securities (figure 3.17, panels a and b) due to their positioning as long-term investors that
as compared with insurance companies. In the ab- are willing to put in early venture/start-up capital
sence of detailed information, it is difficult to ascer- and hold for the longer term.
tain the tenor of the fixed income securities or the
nature of equities, whether in publicly listed compa-
nies or in private equity.

Figure 3.16 Total Investment of Pension Funds in OECD and Selected Non-OECD Countries, 2005–15

Source: IsDB staff compilation from the OECD Global Pension Statistics.
Note: OECD = Organisation for Economic Co-operation and Development.

The next four groups of asset managers are con- Hedge Funds
sidered nonconventional or alternative investment Hedge funds create more headline excitement due
funds. to their higher profile. However, their returns in re-
cent years have not been spectacular, on average,
Sovereign Wealth Funds and their holdings tend to be much more speculative
The largest group of alternative investment funds are and volatile because they trade opportunistically.
sovereign wealth funds, which account for roughly Hedge funds hold only $2.23 trillion in assets at end
$7 trillion in assets. Governments often set up sov- of 2016.
ereign wealth funds in order to earn higher returns
on public savings, since they are managed outside Family Offices
central banks with much greater latitude in investing A major new source of funding is family offices,
long term. Because sovereign wealth funds have na- which professionally manage private wealth. The
tional strategic perspectives, they are willing to take CityUK (2015) estimates that family offices hold
very long-term views on their investments and have $56.4 trillion in assets, but a considerable part is

67
double counted as these offices also invest through cluding real estate, education, health care, social
professional asset managers and hold both private welfare, food and water security, and climate man-
non-listed equity and real estate. agement.

Awqāf (Endowment Funds) Despite their social and economic importance, the
Awqāf or endowment funds are another source of potential of awqāf remains largely unrealized be-
long-term investment. A waqf (Islamic endowment) cause of the critical challenges of liquidity man-
is a social institution. It is central to the Islamic eco- agement and the shortage of viable investment op-
system. As an act of piety, a waqf provides connec- portunities. The portfolio of awqāf assets is highly
tion between religion and economic development. imbalanced in favor of physical assets. Awqāf are
Awqāf initiatives dovetail with major sectors of the rich in one of the important factors of production—
economy—commercial and developmental—in- land—but are short on other factors such as capi-

Figure 3.17 Pension Fund Asset Allocation for Selected Investment Categories in Selected OECD
and Non-OECD Countries, 2015

a. Selected OECD countries b. Selected non-OECD countries

Source: OECD Global Pension Statistics. For detailed notes on the compilation of data, please visit https://www.oecd.org/daf/fin/private-
pensions/globalpensionstatistics.htm
Note: OECD=Organisation for Economic Co-operation and Development.

68
Box 3.2 Private Sector Partnership with Awqāf: The Case of the Awqāf Properties Investment Fund (APIF)

Underutilized or unutilized awqāf assets can be de- tee; guarantee taken on other assets owned by the
veloped and transformed into high-yielding assets beneficiary; third-party guarantee; letter of comfort
if project funding is available. The commingling by the government;a pledge/mortgage; and/or an
of private investment capital with waqf is tolerated escrow account mechanism to collect receivables.
by Islamic jurists on the condition that such private In principle, APIF finds all the following mecha-
participation is finite, for a limited period, and will nisms acceptable for investing in the development
not dilute the ownership of awqāf assets in any man- of awqāf assets: istiṣnā‘, murābaḥah (purchase and
ner. Accordingly, there is need to establish a new set selling of existing buildings), installment sale, leas-
of Islamic financial institutions that could mobilize ing, diminishing participation, build-operate-trans-
private investment capital that would enhance re- fer (BOT), and other appropriate Islamic modes of
turns to the waqf (which in turn would be utilized financing. However, the modes of financing mostly
to advance the aims of the waqif [donor] or socially used by APIF are leasing and istiṣnā‘ for construc-
beneficial objectives) and provide expected returns tion of residential buildings (high-quality service
to the investors. and residential apartments ), commercial buildings
(office blocks, commercial centers), and mixed-use
One of the earliest experiments in private sector development on land that is well located in city cen-
partnership with awqāf has been the Awqāf Proper- ters to maximize the return potential of the project.
ties Investment Fund (APIF), which is managed by APIF has effectively demonstrated that awqāf de-
the Jeddah-based Islamic Development Bank. The velopment makes good investment sense. It has
Fund seeks to partner with capital providers to pool shown how private investment capital may be
APIF’s own capital resources with resources from raised by consistently providing a good return on
IsDB departments and financing windows, other capital. Indeed, the return on investment, at 2.5 per-
Islamic banks and financial institutions, conven- cent per year through the last four years, has been
tional investors, and build-operate-transfer (BOT) higher than average LIBOR, hovering between 0.72
operators looking for developmental opportunities. percent and 1.05 percent per year. In addition to its
The Fund not only mobilizes capital but provides success in raising funds, the APIF model has also
technical and design work, and revenue and ongo- demonstrated how the modern Islamic modes of fi-
ing property management to optimize the facilities nance may be used to commingle private investment
delivered to awqāf customers and enhance the re- capital with waqf capital to create a win-win situa-
turns to investors and eventually to the beneficiaries tion for both the investors and waqf beneficiaries.
of the awqāf. The APIF model has shown how to address some
traditional objections to development of awqāf that
APIF essentially looks forward to a good return are rooted in concerns about preservation of the en-
on its investments. The maximum duration of the dowed assets. It has effectively demonstrated that
financing is 15 years, including a gestation period development of awqāf is the best way to preserve
of three years (the construction period). The mini- these assets.
mum amount of financing is $5 million, and the
maximum is $10 million to $12 million. The mark- Note:
up, usually comprised of the London Interbank Of- a. A letter of comfort is a letter issued by a bank or
fered Rate (LIBOR) plus spread (the premium over the government on behalf of their client /buyer who
LIBOR that banks charge for lending), is added to enters into a contract to procure a large quantity of
the financing amount. Total mark-up usually varies goods/merchandise from a seller confirming their fi-
between 6 percent and 7 percent. APIF seeks the fol- nancial ability to fulfill their commitment as per the
lowing types of guarantees to mitigate risk: sover- agreement.
eign guarantee; bank guarantee; corporate guaran-

69
tal, labor, and organization. To date, large parcels of stitutions are perceived to lack the organizational
awqāf land have remained undeveloped due to lack discipline of the corporate world.
of sufficient funds and entrepreneurial initiatives.
This calls for a strategic cooperation between awqāf Partnerships between awqāf and the private sector
and the private sector, which can bring in capital and are more like “marriages of convenience,” where
enterprise. each party expects the relationship to realize some
benefits by leveraging on the other. Each party has
Companies in the private sector are attracted to its goals and metrics that drive it. Awqāf’s com-
awqāf projects because of the business opportunities mercial strategies are more about development and
they represent. Private sector firms also see these social impact. Business activities are undertaken to
projects as a way of discharging their corporate so- support their mission. The ultimate goal of awqāf is
cial responsibility. There have been some excellent not financial, and making money is more of an out-
cases of partnerships between the private sector and come than a purpose. Companies, on the other hand,
awqāf (see box 3.2). are concerned with maximizing profits and increas-
ing shareholders’ values. The potential risks associ-
Notwithstanding the possibilities of private sector ated with awqāf projects reduce their appeal to the
and awqāf collaboration, the idea of partnership be- private sector. Awqāf properties cannot be used as
tween the two sectors faces many challenges. One collateral, and in the event of a dispute, awqāf may
reason why such partnerships have yet to catch the have an edge over the private sector, particularly in
fancy of the private sector is perhaps the Sharī‘ah the area of “business versus charity.” These are ar-
restrictions on pledging of awqāf assets. Another eas of concern to companies that may feel that the
reason is that awqāf organizations as charitable in- playing field is tilted in awqāf’s favor.

Box 3.3 A Blended Finance Approach to Long-term Financing


The concept of blended finance has been gaining performance and/or guaranteed payments to ensure
popularity in the world of development finance. the commitment of the private sector). To ensure the
It aims to merge development institutions, phil- commitment of the private sector, blended finance
anthropic entities, and profit-seeking investors by also offers market incentives to encourage financing
combining their funding and putting it into work in new and distressed markets by providing fixed
in a way that can contribute to the UN’s Sustain- pricing for products and offtake guarantees contin-
able Development Goals. For development funders, gent on performance and/or guaranteed payments
blended finance can provide access to new capital (WEF and OECD 2015). For example, GuarantCo,
sources for high-impact sectors, as well as the op- which is sponsored by governments, supports infra-
portunity to leverage private sector expertise to de- structure investments in low-income countries by
velop products, services, and infrastructure (WEF taking on the specific risks of a project. For every
and OECD 2015). dollar it invests, $13.50 of private money is attract-
ed. In 2014 GuarantCo helped Mobilink, a telecoms
Supporting mechanisms are used to engage private firm, by guaranteeing part of an Islamic bond for the
sector investment in development projects to ad- firm to expand into remote areas of Pakistan (Econ-
dress funding gaps and manage risks. These mecha- omist 2016).
nisms are structured to provide technical assistance
(to reduce transaction costs and operational risks); While blended finance is a new trend and faces sev-
risk underwriting (to lower the specific risks linked eral challenges, it has a promising future. It has the
to a transaction and protect the investor against potential to engage the private sector and become
risks and financial losses in a negative event); and a systemic approach to overcome the shortages in
market incentives (to encourage financing in new long-term financing and make significant contribu-
and distressed markets by providing fixed pricing tions to achieve development goals.
for products and offtake guarantees contingent on

70
Both awqāf and the private sector have a lot to of social and economic development by creating es-
learn from each other. Awqāf can adopt many of the sential assets in the public interest. These factors are
corporate governance practices of the commercial conducive to deploying Islamic finance to blended
world, especially in the areas of accountability and finance and thus ensuring sustainable long-term in-
transparency. Reciprocally, the private sector can vestment financing and contributing to economic
learn from awqāf that there are values in business development.
other than just financial ones. The private sector
can learn from awqāf commitment, dedication, so- Box 3.3 explores blended finance in more detail and
cial responsibility, and long-termism and engage in explains how it can be used to meet long-term in-
impact investments that combine social objectives vestment needs to achieve the Sustainable Develop-
with profitability. ment Goals.

3.1.5 Investment with the Voluntary Sector: 3.1.6 FinTech for Long-term Islamic Finance
Blended Finance The world has moved on from barter to bitcoins. In a
Even though private investors are increasingly at- parallel fashion, Islamic scholarship has progressed
tracted to developing and emerging markets because from seeking to explicate ribā-al-fadl (a difference
of their high growth rates and huge returns on in- in exchanging two similar commodities) in the con-
vestments, they typically avoid investing in these text of barter transactions to a discussion of “smart”
markets as the risks are too much for the private sec- contracts, DAOs (decentralized autonomous orga-
tor to tolerate. To overcome these issues, blended nizations), block-chains, crypto-currencies, crowd
finance aims to utilize public or charitable funds to funding, and what-have-you in the new and emerg-
allow private capital to flow into places that it would ing world of FinTech. This section focuses specifi-
normally shy away from (Economist 2016). Blend- cally on the impact of FinTech on long-term Islamic
ed finance encourages “the strategic use of devel- finance.
opment finance and philanthropic funds to mobilize
private capital flows to emerging and frontier mar- Smart Contracts and DAOs
kets” (WEF and OECD 2015). The rationale behind the concept of smart contracts
makes enormous sense to an Islamic economist.
Some $25.4 billion is already invested in more than The original goal behind the idea (Szabo 1996)
74 blended finance funds and facilities, in addition was to apply the principles of traditional contract-
to hundreds of projects that are receiving blended ing and related business practices to the design of
finance in emerging and frontier markets, accord- electronic commerce protocols between multitudes
ing to a survey conducted by the World Economic of unknown parties on the internet. The author(s)
Forum. This substantial commitment indicates that of this concept felt that specification through clear
blended finance can have a major positive impact in logic, and verification or enforcement through cryp-
mobilizing private capital for projects in sectors that tographic protocols and other digital security mech-
are critical for development and suffer from lack of anisms, could constitute a major improvement over
funding (WEF and OECD 2015). traditional contract law in protecting the rights and
obligations of parties.
Islamic finance is well suited to blended finance
projects because the foundation of Islamic finance A smart contract is a computerized transaction pro-
structures is their asset-backed nature along with the tocol that executes the terms of a contract. The gen-
notion of risk sharing. In addition, Islamic finance eral objectives are to satisfy common contractual
focuses on promoting social and economic develop- conditions (such as payment terms, liens, confiden-
ment by utilizing real assets. In this context, blended tiality, and enforcement); minimize exceptions, both
finance projects have several commonalities with malicious and accidental; and minimize the need for
Islamic finance practices. Financing these projects trusted intermediaries. Related economic goals in-
entails a certain level of risk sharing with other proj- clude lowering loss from fraud, the costs of arbitra-
ect parties, and the projects serve the larger purpose tion and enforcement, and other transaction costs.

71
Arguably, smart contracts are closer to Islamic A blockchain essentially facilitates the transfer of
contracts, with an undiluted focus on avoidance value or data without the need of a central author-
of any kind of uncertainty regarding settlement of ity or third party. It is a decentralized digital ledger
the contracts. Islamic contracts that take the form that records transactions chronologically and pub-
of self-executing digital or smart contracts, with licly, allowing anyone to verify and access the data.
“electronically coded” terms, could sharply reduce The original application of blockchain was bitcoin,
the element of gharar (uncertainty) in contracting a decentralized digital currency that allows money
between unknown parties that meet on the internet. to be sent from anywhere in the world at little to
The contractual terms execute only if the conditions no cost, with no banks or third parties involved in
are met. This feature automates the entire contrac- the transaction. A blockchain can cater to any form
tual process for Islamic institutions. The Islamic of transactions involving value such as money,
contracts would now be easy to verify, as well as property, and goods. For example, in principle, the
being immutable and secure, mitigating gharar in blockchain data could, if regulatory structures per-
the form of operational risks arising from settlement mitted, replace public documents such as deeds and
and counterparty risks. Gharar in the form of admin- titles. Thus, a smart long-term ijārah-thummul-bay‘
istrative and legal complexities and redundancies (lease-purchase contract) could become a self-pay-
would also be mitigated. ing and self-executing instrument by using the bit-
coin blockchain and automating the periodic pay-
They also could reduce the transaction costs of Is- ment streams, as well as automatically changing
lamic contracts. Unlike a conventional loan agree- the title of leased assets at the end of lease period.
ment, which requires a single contract between the Compared to its equivalent conventional financial
financier and the borrower, Islamic finance leverages instrument for raising long-term finance, this smart
on a wide range of contracts, such as profit-sharing contract has clear advantages that includes minimiz-
agreements, partnerships, and agency arrangements ing counterparty risk, reducing settlement times,
involving multiple parties. Critics of Islamic finance and increasing transparency.
often underline the higher administrative and legal
costs associated with its composite products requir- Blockchain is relatively secure for the following rea-
ing multiple contractual arrangements. Islamic fi- sons. First, it uses cryptographic techniques backed
nance is seen to impose an incremental cost on the by complex mathematical algorithms to verify and
economy. However, the self-executing smart con- secure the data. Second, it is much harder to hack
tracts resolve this precise problem, as explained. a decentralized network than a centralized system
with a single point of failure. Further, the longer the
An extension of smart contracts is the concept of blockchain extends, the higher the level of security.
the decentralized autonomous organization (DAO). This is because a tremendous amount of computing
A DAO is an organization that is run through rules power is required to “hack” or alter the information
encoded as computer programs or smart contracts. in the blocks. Proponents assert that the features of
A DAO’s financial transaction record and program immutability and transparency of the blockchain
rules are maintained on a blockchain. In theory, process remove the possibility of fraud and theft.
there are several examples of this business model. Nonetheless, the potential of technology is also
In practice, the precise legal status of this type of fraught with grave risks, at least until society has a
business organization is unclear. However, a DAO good understanding of its uses and abuses, throwing
may take the structure of a general partnership or the game back into the domain of prohibitive gharar
mushārakah, while functioning as a corporation or excessive complexity. What are believed to be the
without legal status. strengths of blockchain technology—immutability
Smart contracts and DAOs use blockchain technolo- and transparency—may quickly turn into the grav-
gy. Therefore, it is important to examine blockchain est vulnerabilities. If there are security holes in the
technology to underline the relevant issues from the code that are now visible to all but difficult to alter,
Islamic point of view. it will rule out fixing bugs unless a moratorium is
called for that purpose. A prominent example is the

72
well-documented case of the maiden DAO, which nors/ lenders/investors with individual beneficia-
raised the largest amount of equity capital in the his- ries/borrowers/project sponsors—so-called person-
tory of mankind through crowd-funding, but also to-person (P2P) financing. Broadly, there are four
had several problems with the code that led to finan- types of crowdfunding platforms.
cial losses and raised concerns about the process.
P2P lending platforms offering this service act as an
Digital Currencies intermediary between borrowers and potential lend-
The development of blockchain technology is con- ers. The initial models of such financing have been
current with the introduction of cryptocurrencies, more benevolent in nature: that is, they are devoid
such as bitcoins. Such currencies have steadily of any returns for the lenders (even though the bor-
gained popularity as modes of payment and alterna- rower sometimes must pay the cost of administering
tive forms of investments. From an Islamic point of the loan, often to entities acting as the second-level
view, cryptocurrencies involve multiple issues. For intermediaries). There are formidable players in this
some observers, cryptocurrencies are perhaps better segment, such as kiva.org, that have been consid-
than fiat money that is dependent on the whims of ered as ideal and replicable models for Islamic qarḍ
governments. Under the fiat monetary system, gov- ḥasan providers. P2P lending platforms in the con-
ernments and banks can create money out of thin air ventional domain have been able to provide lenders
and inevitably lead to a debt-laden economy. This with above-market returns, though at a higher level
is not so with cryptocurrencies. Mining or produc- of default risk.
tion of cryptocurrencies like bitcoins require mas-
sive efforts and resources, where individuals or Charity or donation-based crowdfunding platforms
entities use sophisticated computer equipment and have been particularly proactive in the Islamic do-
software to solve complex mathematical problems main seeking to connect donors with beneficiaries.
with cryptography. This process results in ensur- Since Islamic charity comes in many forms, such
ing the security of the entire network, while creat- as zakāt, ṣadaqāt, and cash waqf, the P2P plat-
ing of cryptocurrency supply as legitimate reward forms commit themselves to adhere to the rules
for miners’ efforts. To others, the Sharī‘ah justifica- of the Sharī‘ah governing such benevolent action.
tion for fiat money comes from the backing of the Such platforms are widely believed to lead to bet-
government. In addition, some scholars raise con- ter Sharī‘ah compliance, improved governance, and
cern that the current operation of cryptocurrencies good practices in management of zakāt, ṣadaqāt,
leads to the doubts about the violation of Islamic and awqāf. Platforms have lower operational and
finance principles prohibiting to involve excessive administrative costs associated with the processes
risk and uncertainty (gharar) and to exploit the lack of mobilizing and channeling funds than traditional
of knowledge (jahalat) . It is worth noting that the charities as intermediaries. They enhance transpar-
highly speculative nature of these innovation at ency and good governance by ensuring that funds
the present undermines its claim to be a legitimate indeed flow to beneficiaries/projects as intended by
means of exchange. Thus, cryptocurrencies will per- the donor(s). Overall, the result of such intervention
haps have limited relevance as payment systems in is believed to enhance both the efficiency and effec-
Islamic finance. tiveness of the institution of charity in Islam.

Crowdfunding Reward-based crowdfunds, which are usually P2P


Perhaps the oldest kids in the block, crowdfunding counterparts of venture capital funds, have been
platforms have proliferated rapidly across conven- quite successful in attracting lenders, investors, and
tional and Islamic domains, gaining significance in donors in both Islamic and conventional domains.
the for-profit (debt, equity, leasing), public, and vol- They have been largely successful in convincing
untary, not-for-profit segments of the financial sys- policy makers across the globe about their unique
tem, linking up governments, institutions and indi- role in connecting high-risk first-generation entre-
viduals. The uniqueness of crowdfunding platforms preneurs—people with winning ideas but little capi-
however, lies in their role in linking individual do- tal—with the crowd that goes on to fund the ideas.

73
The authors of ideas usually promise to reward their on short-term banking products that serve the lower
backers, in the case of success, by giving gifts and end of the risk-return profile and ignoring its salient
rewards. risk-sharing proposition. An empirical investiga-
tion of the Islamic banking industry in Malaysia,
Equity-based P2P crowdfunding platforms permit for example, finds the incumbent banks to be overly
companies—usually start-ups and small compa- reliant on short-term deposits in their funding of
nies—to raise capital from the public. Usually, these long-term assets, the majority of which represent
platforms are subject to regulation by capital market low value-added household financing (Lajis et al.
regulatory bodies. Regulations specific to Sharī‘ah- 2016). Islamic banks, in general, are characterized
compliant equity crowd-funding platforms have by high asset concentration in the real estate and
been formulated in countries like Malaysia and the commodity sectors. More importantly, the close re-
United Arab Emirates. semblance to the conventional “lend long, borrow
short” strategy is not unique to Malaysia’s Islamic
3.2 Challenges in Mobilizing Islamic Finance banking. After all, the current formation of Islamic
for Long-Term Investments banking has grown out of conventional banking and
uses many of its techniques and instruments. As a
Islamic finance is well-suited for funding long-term result, there is a dichotomy between the theory and
investment that supports broader goals of serving practice of Islam banking that challenges attainment
the economy, society, and the environment (impact of its value proposition. The empirical evidence of
investment) because of its emphasis on materiality, risk shifting by Islamic banks in a sample of OIC
property rights, risk sharing, and value-addition. In member countries stands as further testimony to this
a 2014 Occasional Paper (Ali and IsDB Staff Team challenge (Alaabed, Masih, and Mirakhor forth-
2014), the Islamic Research and Training Institute coming).
(IRTI) identifies several challenges to attaining
long-term financing for the development of various 3.2.2 Lack of Prerequisites for Risk-sharing–
economic sectors and recommends various policy based Islamic Finance
measures to promote Islamic finance (see the final As discussed, a number of prerequisites are needed
section of this chapter and table 3.5). IRTI (2014) to guarantee full operationalization of risk-sharing
identifies the main challenges in achieving the Is- based finance as a sustainable source of long-term
lamic finance potential to be the dominance of the impactful investments. These include well-func-
Islamic banking subsector; the lack of prerequisites tioning institutions and rules of behavior that pro-
for risk-sharing-based Islamic finance; market fail- tect investors, creditors, and property rights; trust in
ures and policy distortions; lack of awareness of the government and institutions; rule of law; good gov-
full cost of risk transfer; and underutilization of the ernance; and a developed financial system. Unfor-
Islamic social sector. The paper suggests that devel- tunately, these prerequisites are at best partially met
opment of a robust financial sector is a prerequisite in the majority of OIC member countries (Mirakhor
for long-term financing. and Askari 2010). The current state of affairs in
the contemporary Muslim world reveals numerous
3.2.1 Dominance of the Islamic Banking Subsec- impediments (Al-‘Alwani 1993). Weak institutions,
tor poor contract enforcement, and suboptimal levels of
Islamic banking constitutes the lion’s share of Is- social capital are just a few (Ng 2014). These im-
lamic finance assets globally and is exposed to the pediments have hindered the development of truly
same issues of deleveraging and regulatory-induced risk-sharing Islamic banking and finance thus far.
short-termism as its conventional counterpart. Is- The underdevelopment of Islamic capital markets
lamic banking has gained traction in 50 Muslim and (equity and sukūk markets) is another challenge that
non-Muslim jurisdictions around the world (BNM undermines an important channel through which
2017). However, the development of Islamic finance long-term investment financing is normally provid-
as an industry has been lopsided, focusing mainly ed. Stock markets are almost nonexistent in most

74
Muslim counties. Where they exist, they are plagued ḥasan, awqāf, and ṣadaqāt, has played a vital role
with informational problems and governance issues in socioeconomic development. Such instruments
(Askari et al. 2012; Mirakhor and Askari 2010; can potentially bridge the gap in long-term impact
Iqbal and Mirakhor 2011; Chapra and Khan 2000). investments. The instrument of awqāf (Islamic en-
As financial systems develop, the maturity structure dowments or trusts), for example, is ideal for the
of finance is expected to lengthen and sources of creation and preservation of assets that can ensure a
funding to become more diversified, among others flow of resources to support the provision of educa-
(Demirgüç-Kunt and Maksimovic 1999, 2002). tion, health care, and other social goods. Despite the
huge potential and promising creative experiments
3.2.3 Market Failures and Policy Distortions using zakāt and ṣadaqāt to support community-driv-
The current regulatory and supervisory framework en development and providing affordable health care
is geared toward risk transfer (Kammer et al. 2015; through corporate waqf, these instruments remain
Lajis 2015). This is in part an unintended conse- largely dormant. There is a need to revive them and
quence of harmonizing efforts that were aimed at institutionalize them to yield optimal benefits. The
minimizing regulatory arbitrage and ensuring a problem is in part a coordination failure given the
level regulatory robustness in dual banking systems nature and size of small individual contributions.
of OIC member countries. As a result, legal, admin-
istrative, economic, financial, and regulatory biases 3.3 Challenges in Using Islamic Finance for
that favor risk-transfer–based debt instruments per- Economic Development
sist, placing risk-sharing–based long-term finance
at a disadvantage. The adoption of Basel capital The experience of development financing activities
adequacy requirements for Islamic banking, for ex- in many countries demonstrates that the quality of
ample, acts as a disincentive in the use of risk-shar- institutions matters—and matters a great deal—for
ing–based contracts of muḍārabah and mushārakah the effectiveness and success of Islamic finance in
in banks’ financing. any economic subsector. Institutional quality, as
characterized by good governance, rule of law, ac-
3.2.4 Lack of Awareness of the Full Cost of Risk countability, and political stability in the country
Transfer where the projects are located, largely determines
Part of the challenge lies in the lack of awareness the success or failure of financing. The effects of
of the huge opportunity cost imposed by risk-trans- bad institutional quality dwarf any differential ad-
fer– based contracts. In the Islamic banking con- vantage of Islamic contract types and financial
text, both investment account holders (depositors) modes. To separate out the effect of contract type
and the Islamic financial institutions share in a huge (or mode of finance) on the success and failure of
upside potential of risk-sharing–based real-sector fi- Islamic finance, micro, contractual, and institutional
nancing. In a recent study, Lajis, Bacha, and Mirak- quality data would be required to control for this
hor (2016) estimated the rate of return on long-term effect within the subsector under study. A separate
assets to be 20.98 percent in Malaysia, implying study along these lines would be needed.
an opportunity cost to investors and Islamic banks
that is at least three times the return generated from Moreover, different economic sectors pose differ-
debt-based financing (averaging 6–7 percent at the ent challenges and provide varying prospects for Is-
time of the study). In the study, risk sharing was also lamic finance. The IRTI Occasional Paper (Ali and
found to be more resilient to shocks as compared to IsDB Staff Team 2014) highlights the use of Islamic
its risk-transfer counterpart. finance in the important economic subsectors of
food and water security, infrastructure, and energy
3.2.5 Underutilization of the Islamic Social Sec- services, education, housing, international trade,
tor and the Islamic financial sector for socioeconomic
For centuries, the Islamic social sector, compris- development (see table 3.5).
ing redistributive instruments such as zakāt, qarḍ

75
Table 3.5 Challenges to and Prospects for the Use of Islamic Finance in Selected Important
Economic Subsectors in OIC Member Countries

table continues next page

76
Table 3.5 Challenges to and Prospects for the Use of Islamic Finance in Selected Important
Economic Subsectors in OIC Member Countries (continued)

Source: Ali and IsDB Staff Team 2014.


Note: OIC = Organisation of Islamic Cooperation.

77
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For a detailed discussion on sovereign wealth ism and Economics Education, 7(3), 218-253.
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Lajis, S. M. 2015. “Towards a Risk-Sharing Regula- text_pager.pdf.
tory Framework: A Case for Malaysia.” Unpub- UNCTAD (United Nations Conference on Trade
lished doctoral dissertation, International Cen- and Development). World Investment Report
tre for Education in Islamic Finance (INCEIF), 2014–Investing in the SDGs: An Action Plan.
Kuala Lumpur. New York and Geneva: UNCTAD.
Lajis, S. M., O. I. Bacha, and A. Mirakhor. 2016. World Bank. 2015. Global Financial Development
“Regulatory Framework for Islamic Finance: Report 2015/2016: Long-Term Finance. Wash-
Malaysia’s Initiative.” Chapter 11of Macropru- ington, DC: World Bank.
dential and Policy for the Islamic Finance Indus-
try–Theory and Applications, edited by M. Zul-
hibri, A. G. Ismail, and S. E. Hidayat. Springer.

79
Chapter 4
Policy Response to Development of Islamic
Financial Industry for Long-Term Financing
4.1 Introduction 4.2 Developments in the Legal and Regula-
tory Regimes for Islamic Finance
Two broad categories of factors affect long-term
financing: the macro-level environment and micro- Islamic Financial Services Industry Development:
level financial institutions and instruments. At the Ten-Year Framework and Strategies 2007 (IRTI and
macro level, an enabling legal and regulatory re- IFSB 2007) emphasizes the role of a supporting le-
gime is necessary to reduce uncertainty and provide gal and regulatory framework for the development
protection of property and investors rights. At the of an efficient, sound, resilient, and sustainable
micro level, the organizational type and instruments Islamic financial services industry that can sup-
offered determine the extent to which long-term fi- port economic development and poverty allevia-
nancing needs are met. This chapter discusses the tion. The recommendations in the document, along
status and developments in the legal and regulatory with the Mid-term Review 2014, identify develop-
regimes with respect to the Islamic financial sec- ments in national plans and strategies, the legal and
tor and then presents some specific issues related regulatory frameworks, the Sharī‘ah governance
to long-term financing in Islamic financial institu- regime, liquidity infrastructure, and deposit insur-
tions. The developments in the legal and regulatory ance schemes, among others, as key to promote a
environments are discussed in light of the policy robust Islamic financial services industry. Before
recommendations of the Ten-Year Framework and discussing the specific status of some key legal and
Strategies presented by the Islamic Training and regulatory infrastructure institutions in these areas
Research Institute (IRTI) and Islamic Financial Ser- in a sample of countries, the chapter presents an
vices Board (IFSB) in their 2007 report on the de- overview of the overall status of the business and
velopment of the Islamic financial services industry regulatory environment in the member countries of
(IRTI and IFSB 2007), and their Mid-term Review the Organisation of Islamic Cooperation (OIC).
(MTR) in 2014 (IRTI and IFSB 2014). Finally, the
chapter provides the key policies at the macro and Table 4.1 shows the overall status of the legal rights
micro levels that can promote long-term financing and the business regulatory environment in OIC
by Islamic financial sector. member countries relative to a benchmark year. The
table shows that the legal rights status of the major-
ity of OIC member countries in 2016 remained un-

81
changed compared to 2013, with improvements in a average for the OIC member countries for the regu-
few counties and deterioration in the case of Alba- latory environment, with a rating of 3.14, indicates
nia. While the overall average of the legal rights in- a slight deterioration from 2012. However, the aver-
dex for the OIC member countries in 2016 (4.08) is age for OIC appears to be better than that of world
better than in 2013 (3.55), it is lower than the world average.
average of 5.20.
The last column in table 4.1 shows the Doing Busi-
Information on the business regulatory environment ness (Distance to Frontier) scale for OIC member
for 2015 is not available for many OIC member countries in 2017 relative to 2012. A majority of the
countries. Though most of the countries show no countries (34) improved during that time, while 20
changes in the regulations since 2012, a few coun- countries deteriorated. The average scale for OIC
tries show improvement, while in others the regu- member countries improved marginally from 53.36
latory environment has deteriorated. Overall, the in 2012 to 53.76 in 2017.

Table 4.1 Overall Legal and Regulatory Status in OIC Member Countries

table continues next page

82
Table 4.1 Overall Legal and Regulatory Status in OIC Member Countries (continued)

Source: World Bank World Development Indicators and Doing Business.


Note: Strength of legal rights index (0=weak to 12=strong); CPIA business regulatory environment rating
(1=low to 6=high); Doing Business (Distance to Frontier) scale of 0 to 100, with 0 representing lowest
performance and 100 representing the frontier.
a. The average distance to frontier for the world is for 2017. World data for 2012 are not available. Thus
the improvement or deterioration cannot be ascertained and no color can be assigned.

4.3 Status and Developments in Legal and gions and the levels of developments of the Islamic
Regulatory Environment Related to the Is- finance sector. The status of various aspects of the
lamic Financial Services Industry legal and regulatory framework for the Islamic fi-
nancial services industry identified in the Medium-
Drawing on the preceding discussion, this section Term Review 2014 are presented next.
presents the results on the status of different le-
gal and regulatory infrastructure institutions for a National Plans and Strategies
sample of 12 OIC member countries (Bangladesh, Recommendation No. 14 of the MTR recommends
Arab Republic of Egypt, Indonesia, Malaysia, Nige- the following: “Develop an understanding of the
ria, Oman, Pakistan, Saudi Arabia, Senegal, Sudan, linkages and dependencies between different com-
and United Arab Emirates). The countries provide a ponents of Islamic financial services to enable more
good representation of the different geographical re- informed strategic planning to be undertaken.” Un-

83
Figure 4.1 Countries with a National Strategic Framework for Islamic Finance

der the implementation plan for this recommenda- stitutional development, regulation and supervision,
tion, the MTR 2014 (page 115) identifies a key role and education and familiarization of Islamic bank-
of governments and regulators to “develop national ing practices (Bank Indonesia 2002). This effort
plans for the holistic development of the industry, was reinforced with the establishment of Indonesian
with due consideration to all components.” It adds, Financial Services Authority (OJK) in 2011. OJK
“Given the nascent nature of the Islamic financial has released three strategic documents for different
sector in many countries, introduction of national financial sectors: a road map of the Islamic banking
Master Plans can provide a strategic framework for industry (2015–19), a road map of the Islamic capi-
the development of the industry in different coun- tal market (2015–19), and a road map of the non-
tries. The Master Plan should identify the areas that bank Islamic financial institutions (2015–19) (IFSA
need to be strengthened for a healthy and balanced 2015). Furthermore, the President of Indonesia for-
growth of the Islamic financial sector” (MTR 2014, mally declared the formation of the National Islamic
120). Finance Committee (KNKS) in January 2016 to ex-
pedite the development of Islamic finance. Consist-
Figure 4.1 shows that only 25 percent of the coun- ing of 10 economic and regulatory bodies, KNKS
tries in the sample have specific masterplans and will be responsible for integrating and coordinating
strategies for the development of the Islamic fi- comprehensive policies on Islamic economics and
nance. Further, 16.7 percent of the countries have finance at the national level.
included development of Islamic finance in their
overall plans and strategies to develop the financial Legal Framework
sector. The majority of countries (58.3 percent) do Recommendation 8 of the MTR recommends the
not have any strategic plans for developing Islamic following: “Develop an appropriate legal, regula-
finance. tory and supervisory framework as well as an IT
infrastructure that would effectively cater for the
Recent Developments special characteristics of the IFSI [Islamic financial
Indonesia. Bank Indonesia (the central bank) initi- services industry] and ensure tax neutrality.” Fig-
ated a blueprint of Islamic banking development in ure 4.2 presents the status of Islamic finance laws
2002–12 that identified some key pillars, such as in- for the banking, takāful, and capital markets in the

84
Figure 4.2 Status of Islamic Finance Laws

sample countries. The figure shows that 8.3 percent percent) of the countries, there is a single capital
of the countries have an Islamic legal system where market law without any specific indications on Is-
all laws are Islamic. The legal regime for Islamic lamic capital markets.
banking shows that while 8.3 percent of the coun-
tries also have separate Islamic banking laws, 50 Recent Developments
percent of the countries have incorporated Islamic Malaysia. The Islamic Financial Services Act 2013
banking clauses in the existing banking laws. An- (IFSA 2013) was promulgated in Malaysia to pro-
other 8.3 percent of countries have no legal provi- vide a sound legal basis for the development of a
sions regarding Islamic banking, but regulators are stable financial sector. The IFSA 2013 consoli-
authorized to issue Islamic banking regulations. In dated and updated the legal framework for Islamic
25 percent of the countries in the sample, Islamic banks and the takāful sector by repealing the Islamic
banks operate under a single banking law that also Banking Act (IBA) 1983 and the Takaful Act 1984.
covers conventional banks. The legislation provides an integrated legal frame-
work and reinforces the regulatory and supervisory
While separate takāful laws exist in 16.7 percent framework to promote stable banking and insurance
of countries, in another 25 percent of the countries, industries (Fen and Tsin 2013). One of the novel
takāful law is incorporated in existing insurance features of IFSA 2013 is that it distinguishes be-
laws. In 16.7 percent of the countries, the regula- tween Islamic deposits and investment accounts. In
tors are authorized to issue regulations for takāful. line with Sharī‘ah principles, returns on investment
In one-third (33.3 percent) of the countries, there are accounts depend on the performance of assets un-
no supporting laws or regulations related to takāful. derlying the account. As such, repayment of either
Though there are no separate laws on Islamic capital principal or positive returns cannot be guaranteed.
markets in any of the countries in the sample, exist- Given this feature, the law requires that Islamic
ing capital market laws contain sections on Islamic banks enhance their risk management practices and
capital markets in 50 percent of the countries. In disclose relevant information to protect investors
another 16.7 percent of countries, regulators have (BNM 2013, 103).
issued regulations on the same. In one-quarter (25

85
Figure 4.3 Tax Law Status for Islamic Finance

Pakistan. On May 31, 2017, Pakistan enacted Com- them, Sharī‘ah-compliant bank deposits and profit
panies Act 2017 (CA 2017) (Act No. XIX of 2017). earned from them, revenue generated form Sharī‘ah-
The Act is one of the first to define a “Sharī‘ah- compliant business, and so on (Fourth Schedule, Part
compliant company” as a company that is con- I, 10).
ducting its business according to the principles of
Sharī‘ah (2[64]). CA 2017 provides the guidelines Figure 4.3 shows the status of tax laws with respect
for certifying Sharī‘ah-compliant companies and to Islamic financial transactions. In 25 percent of the
Sharī‘ah-compliant securities. For a company to be sample countries, tax laws are not relevant for Islam-
called a Sharī‘ah-compliant company, it must be de- ic finance either because no taxes are levied or the
clared Sharī‘ah-compliant by the Securities and Ex- whole financial sector is Islamic. In half (50 percent)
change Commission of Pakistan. Similarly, a security of the sample countries, the tax regimes have been
(listed or not) cannot be called Sharī‘ah compliant changed to accommodate to Islamic finance. How-
unless it has been declared Sharī‘ah compliant by the ever, in 25 percent of the sample countries, tax laws
Commission (EY 2017). To ensure Sharī‘ah compli- have not been changed to address tax-neutrality is-
ance, the Act specifies certain conditions in Clause sues arising in Islamic finance.
451. These rules, however, do not apply to banking
companies and other companies that are required to Recent Developments
follow the Sharī‘ah governance framework of State Oman. Article 125 of the Banking Law 2012 of
Bank of Pakistan (451 [5]). A person cannot be en- Oman exempts Islamic banks from the imposition
gaged or appointed to undertake Sharī‘ah compliance of fees levied on the transactions conducted on
reviews, Sharī‘ah advisory guidance, or Sharī‘ah au- lands and movable property. Specifically, the article
dit activities unless that person meets the fit and prop- exempts Islamic bank charges imposed by transac-
er criteria and terms and conditions specified by the tions involving ownership and leasing of movables
Securities and Exchange Commission of Pakistan. and real estate, overriding a number of other laws,
Under disclosure requirements (Fourth Schedule), such as land and tax laws related to land transac-
the Act stipulates that Sharī‘ah-compliant companies tions (McMillen 2013). This is in consideration of
and those listed on the Islamic index should disclose the unique structure of Islamic transactions and to
certain financial information, such as financing ob- ensure a level playing field. Furthermore, amend-
tained using Islamic modes and the mark-up paid on ments are now being considered to Income Tax Law
2008 to consider the unique features of sukūk.

86
Turkey. While ijārah sukūk issuance became pos- guidelines for the regulations and supervision of in-
sible in Turkey with legal developments in April stitutions offering non-interest-rate–based financial
2010, tax-related issues made the issuance of (do- services in Nigeria. The guidelines highlighted ad-
mestic) sukūk disadvantageous. In February 2011, ditional license requirements to include evidence of
Law Offering Tax Amnesty No. 6111 was enacted to a technical agreement executed by the promoters
facilitate ijārah sukūk. Further legislation includes of the proposed institution with an established and
the exemption from taxes on revenue from sukūk reputable Islamic bank or financial institution that
certificates with a minimum tenor of five years. The clearly specifies the role of the two parties, which
amendment to the Tax Law in 2011 provided tax should be in force for a period of not less than three
neutrality for ijārah sukūk. After the necessary tax years. Moreover, under the guidelines, conventional
regulations were enacted, the first domestic corpo- banks are allowed to open a subsidiary, a window,
rate sukūk was issued in October 2011 by Kuveyt- or a branch of Islamic banking. Separate guidelines
Turk. for the Islamic banking window’s operations were
also released in 2011. Following the release of the
Regulatory Framework guidelines, a full-fledged Islamic bank (Jaiz Bank),
Figure 4.4 shows two aspects of the regulatory en- as well as the Islamic banking windows of Stanbic
vironment for Islamic finance. Two-thirds (66.7 per- IBTC and Sterling Bank, and Tijara Microfinance
cent) of the countries in the sample have undertaken Islamic Bank, were licensed and commenced opera-
specific regulatory initiatives for Islamic banks, tions between 2011 and 2014.
while only 41.7 percent of the countries have a sepa-
rate department dedicated to Islamic banking regu- Sharī‘ah Governance Regime
lations. The corresponding figures for takāful and Recommendation 4 of the MTR recommends the
capital market regulations are 33.3 percent and 58.3 following: “Enhance Shari’ah compliance, effec-
percent, respectively. Overall, the Islamic banking tiveness of corporate governance and transparency.”
sector appears to be relatively better regulated than While the implementation plan in MTR 2014 (p.
the takāful and Islamic capital markets sectors. 116) identifies establishing a Sharī‘ah governance
framework to achieve this goal, the key perfor-
Recent Developments mance indicators (KPIs) for this recommendation
Nigeria. Islamic finance got a boost in Nigeria in include the following:
2011 when the Central Bank of Nigeria (CBN) issued

Figure 4.4 Regulatory Framework for Islamic Finance

87
Figure 4.5 Sharī‘ah Governance Regimes

• Number of member countries with national promote Sharī‘ah compliance in the Islamic financial
Sharī‘ah standards or national Sharī‘ah boardssector. Other than providing advice to BNM and fi-
• Number of countries adopting international nancial institutions on Sharī‘ah-related issues arising
Sharī‘ah standards in their supervision frame- in financial businesses, Section 51 of the Act identi-
work. fies the functions of the Sharī‘ah Advisory Council
(SAC) to include ascertaining the Islamic law of any
Different aspects of Sharī‘ah governance regimes in financial matter by issuing appropriate rulings. IFSA
the countries in the sample are reported in Figure 2013 also strengthens the Sharī‘ah governance frame-
4.5. Whereas the majority of the sample countries work at the organizational level (Fen and Tsin 2013).
have legal/regulatory requirements for Sharī‘ah Part IV of IFSA 2013 covers Sharī‘ah requirements
governance in the banking (66.7 percent), takāful for Sharī‘ah compliance, Sharī‘ah governance, and
(66.7 percent), and capital markets (58.3 percent), audit and Sharī‘ah compliance. The law makes
the other aspects of Sharī‘ah governance framework Sharī‘ah noncompliance an offence that is punish-
show mixed results. In 58.3 percent of the countries able and gives BNM extensive powers to intervene
in the sample, a central Sharī‘ah board exists for when any breach takes place. Specifically, Articles 28
the banking sector. The corresponding figures for (5) and 29 (6) stipulate that if a person who contra-
the takāful and capital markets are 50 percent and venes Sharī‘ah principles and is noncompliant with
41.7 percent, respectively. Furthermore, while 25 the standards of SAC “commits an offence [that per-
percent of the countries issued Sharī‘ah standards son] shall, on conviction, be liable to imprisonment
for the banking and takāful sectors, one-third (33.3 for a term not exceeding eight years or to a fine not
percent) of the countries have standards for Islamic exceeding twenty-five million ringgit or to both.”
capital markets.
Liquidity Infrastructure
Recent Developments A specific element enabling under legal and regula-
Malaysia. Enactment of the Islamic Financial Ser- tory regime under Recommendation 8 of the MTR
vices Act 2013 (IFSA 2013) in Malaysia establishes includes liquidity support, such as lender of last re-
Bank Negara Malaysia (BNM) (the central bank) as sort (LLR) facilities (MTR 2014, 37). The liquidity
a regulator of Sharī‘ah-related issues and emphasizes infrastructure entails necessary instruments and insti-
strengthening the Sharī‘ah governance framework to tutions at different levels. Sharī‘ah-compliant liquid-

88
Figure 4.6 Liquidity Infrastructure for Islamic Finance

ity instruments that Islamic financial institutions can instruments were available between 2009 and 2012,
use to manage their liquidity needs and risks are es- since 2012 the Treasury has not issued any RIB.
sential. Figure 4.6 shows that in 83.3 percent of the However, with the legislation and provision of sukūk
sample countries, governments have taken initiatives in 2011, sukūk have been an important instrument for
to issue Sharī‘ah-compliant liquidity instruments. liquidity management for participation banks in Tur-
Furthermore, in 50 percent of the countries, there is key and elsewhere.
some arrangement for Islamic financial institutions to
tap into the Islamic money markets to either place ex- Deposit Insurance Schemes
cess funds or draw from these money markets when Recommendation 8 of the MTR (MTR 2014, 37) calls
needed. Similarly, half of the countries sampled also for the presence of safety nets in the form of deposit
have Sharī‘ah-compliant lender of the last resort fa- insurance schemes to protect consumers and instill
cilities, whereby Islamic financial institutions can confidence in the banking system. Figure 4.7 shows
access funds from the central bank when needed. that while one-third (33.3 percent) of the countries
in the sample have Sharī‘ah-compliant deposit insur-
Recent Developments ance schemes, half (50 percent) have a scheme that is
Indonesia and Turkey. Various liquidity management used by both conventional and Islamic banks. In 16.7
instruments can be used by the Islamic financial sector percent of the countries, deposit insurance schemes
in Indonesia. First, the central bank provides a few Is- do not exist.
lamic liquid instruments to solve liquidity problems.
These instruments include Bank Indonesia Islamic Recent Developments
Certificate (SBIS) and Bank Indonesia Islamic Fund- Nigeria. The National Deposit Insurance Corporation
ing Facilities (FASBIS), repurchase (repo) of SBIS to in Nigeria introduced a framework for a Non-Interest
Bank Indonesia, repo of government sukūk (SBSN) Deposit Insurance Scheme (NIDIS) in 2012 to cover
to Bank Indonesia, reverse repo of the government the depositors of Islamic banks in the country. NI-
sukūk to Bank Indonesia, and deposit of Islamic for- DIS used the model of the Malaysia Deposit Insur-
eign exchange in Bank Indonesia (Term Deposit Va- ance Scheme based on kafālah bil ujur (fee-based
las). To facilitate the liquidity management of Islamic guarantee) (Yakasai 2015). The scheme is compul-
banks in Turkey, the Undersecretariat of Treasury sory for all forms of Islamic banking. The maximum
issued Revenue Indexed Bonds (RIB). While these deposit insurance coverage (MDIC) for all Islamic

89
Figure 4.7 Deposit Insurance Schemes

banking institutions is the same as for conventional ments, governments have a crucial catalytic role to
banks, which is currently ₦500,000 (approximately play. To promote long-term Islamic finance, govern-
$2,538) per depositor per account and ₦200,000 (ap- ments need to focus on fundamental reforms. These
proximately $1,015) per depositor per account for include:
microfinance banks. • Correcting market failures
• Promoting political and macroeconomic
4.4 Policy Response—Unlocking Maturities stability
in Islamic Finance • Remedying existing weaknesses in the institu-
tional framework
Despite the remarkable growth of Islamic finance • Emphasizing intergenerational investments
and its expansion to markets beyond its core centers, • Pooling Islamic liquidity.
there are a number of areas in which policy interven-
tions are needed to encourage a paradigm shift away Furthermore, to address the structural problems (see
from overreliance on short-term instruments toward section 3.2.2) that restrain the development of risk-
adding economic value through a complete spec- sharing–based Islamic finance, creating an enabling
trum of Islamic financial instruments (see chapter environment for risk-sharing–based fund mobiliza-
3). Since long-term investments often require large tion is one of the key elements in policy interven-
amounts of funds, unlocking maturities in Islamic tions. This includes ensuring the level playing field
finance requires a supportive policy framework that for risk-sharing–based finance by eliminating the
protects all stakeholders and provides appropriate relevant legal and regulatory impediments as well
incentives for long- term financing on the basis of as the debt-equity tax bias (World Bank and IsDBG
risk sharing. 2016).

No policy response is complete without addressing Mobilization of funds to long-term investments


the fundamental institutional problems and market through non-bank channels situates in a critical po-
failures that impede mobilizing Islamic funds for sition for overcoming the limitations arising from
long-term investments at both the systemic and the the very nature of banking business such as the
usual demand and supply levels (see chapter 1). maturity mismatch. Accordingly, efforts to nurture
While direct government interventions may yield the non-bank Islamic financial sector are among the
few results if they fail to address these impedi- indispensable components of policy action to facili-

90
Box 4.1 The Role of Central Banks in Long-term Funding
The design of instruments to act as catalysts to Initially, commodity prices boomed in the wake of
match the gap in long-term funding can be assisted the 2009 Chinese stimulus package, but fizzled after
if central banks, as stewards of public savings, un- the Chinese cutback in 2012. The second reason is
dertake a role larger than their current narrow remit. due to the internet revolution. The “uberization” of
Traditional views of central banks assume that they all types of products and services meant that excess
play an important role in monetary and price stabil- capacity in cars, housing, and anything could be sold
ity, with supporting roles in financial infrastructure at much lower prices. The gig economy, in which
(payment systems) and financial stability (lender of even human labor can be sold in terms of spare time,
last resort functions). meant that wages could not rise too much, except in
highly skilled areas, such as technology.
As the global financial crisis broke, the central
banks stepped in by expanding their balance sheets, Under such circumstances, central banks can con-
ranging from three times (European Central Bank) vert idle savings into productive use through pro-
to over six times (Swiss National Bank) from the active policies. This is exactly the “mismatch” or
level in 2007, before the crisis began. Unconven- gap that is missing in the funding of long-term in-
tional monetary policy by advanced country central vestment. At the heart of the gap between demand
banks had the effect of helping to lower interest and supply of long-term finance is a collective ac-
rates to unprecedented negative levels. According tion trap, in which individual actors and stakehold-
to Bloomberg, nearly one-quarter ($11.9 trillion) of ers do not work collectively to solve the funding of
the Bloomberg Barclays Global Aggregate Index of global public goods. The missing element in a col-
investment-grade bonds yielded negative interest lective action trap is that no agency or government
rates, of which half were issued by Japan and 47 is willing to absorb the risk (political or otherwise)
percent by Europe, while one-seventh were owed by of making the long-term decision to undertake in-
businesses, with the balance sovereign paper. frastructure investment, even though the investment
may be in national or global public goods.
Before the global financial crisis, the fear was that
central bank expansion of the balance sheet would Central banks are able to fund long-term assets to
have inflationary consequences. But not only was maturity because of their power to create currency.
there little inflation, but growth remained sluggish. Since it is costless to print money, central banks can
Richard Koo (Nomura) famously argued that this technically hold paper forever and allow inflation
was a balance sheet recession because previously to erode the value of both assets and liabilities. The
over-indebted borrowers (households and corpo- government can always recapitalize the central bank
rations) rebuilt their balance sheets and refused to through fiscal means.
consume or invest, which created huge excess ca-
pacity from underspending. In sum, because of its power to create money, a cen-
tral bank can hold equity subject to its public cred-
As argued in Sheng (2015), central banks can and ibility and trust. But in a financial crisis, when the
should do their part in funding sustainability. Infla- central bank may be the only buyer available, its ac-
tion will not occur if central banks create monetary tion itself is a public good.
reserves during a period of excess capacity, typi-
cally in a recessionary environment. The debate over central banks acting as the catalyst
for managing the mismatch between maturities, li-
There are two reasons why there was huge excess quidity, solvency, and foreign exchange should be
capacity in the aftermath of the global financial given more airing. Central banks were historically
crisis. The first is that the advanced countries were created to deal with national emergencies, such as
major customers of the global supply chain, so that funding of war. Climate change threatens human ex-
when demand collapsed after the crisis, there was istence and therefore should be funded.
excess capacity in almost every product category.

91
tate long-term Islamic financing. In order to better Creating new intermediaries and instruments to mo-
utilize the non-bank Islamic financial institutions in bilize resources for long-term finance is inadequate
financing long-term investments, the financial sec- and doomed to failure in the absence of a compre-
tor infrastructure needs to be improved as well as the hensive approach. To address impediments, a list of
legal and regulatory framework regarding financial specific policy recommendations is put forward to
markets, institutions and instruments. On this front, channel savings and risk-sharing based investments
the focus should be on activating collective invest- from Islamic banks, Islamic capital markets, insti-
ment means such as mutual funds and pension funds tutional investors, FinTech and the Islamic social
to channelize savings to long-term investments by sector, public-private partnerships (PPPs), and mul-
risk-sharing–based financial instruments. tilateral organizations.

In this regard, the establishment of risk-sharing While there is a need to reorient and strengthen the
insurance and reinsurance (takaful and retakaful) overall legal and regulatory framework for long-
companies owned by the stakeholders of risk-shar- term financing, we strongly urge deliberation to as-
ing Islamic financial institutions may be encouraged sess the impact of any policy regime on the incen-
in order to help mitigate the reluctance to engage tives of different types of investors to participate in
risk-sharing–based financing. These insurance pro- the long-term financing market. A holistic approach
grams would be triggered in face of threshold loss. is needed that can cater the needs of several differ-
On the other hand, consistent with the advantages ent investors to avoid creating unintended barriers
of risk sharing, policy makers may consider to es- in the provision of long-term financing. The G-30’s
tablish sectionally specific investment banks and 2013 report on long-term financing highlights some
deepen their involvement in the economy. Special- of the existing proposals such as Solvency II and
ized financial institutions are expected to function liquidity coverage ratios as potentially detrimental
well in mobilizing funds for long-term investments to long-term investments.
through risk-sharing–based mechanisms.
Islamic Banks
In addition, monetary policy is one of areas in which Given the role of maturity and liquidity transforma-
policy interventions are necessary to enable a para- tion that banks traditionally perform, the scope for
digm shift from overleverage and short-termism to- financing long-term illiquid assets using short-term
ward more sustainable fund mobilization in finan- liquid liabilities can be limited. A viable option to
cial markets. Benes and Kumhof (2012) discusses deal with large-scale projects with longer-term ma-
the monetary aspects of financial intermediation by turities is to use syndicated financing to mitigate
analyzing the drawbacks of contemporary financial risks arising from long-term project financing. As
system. The study, which endorses the monetary re- a relatively new industry, Islamic syndicated financ-
form known as the Chicago Plan, proposes a model ing is small and underdeveloped (Khaleq and Meher
in which the monetary and credit functions of finan- 2012). The potential of using shari’ah-compliant
cial system is separated in order to facilitate chan- syndicated financing for long-term financing for
nelization of funds to real economy in a healthy larger projects in the future is expected to improve
way. The findings of the study are quite relevant to with the expansion of the industry. Islamic banks can
long-term finance. In this regard, central banks can also offer investment accounts with profit-sharing
play an important role in pushing the financial sector arrangements to their customers with long-term in-
to serve the real sector, increasing the sustainabil- vestment horizons with some locking arrangements.
ity and resilience of the financial system by giving Furthermore, the Islamic Financial Services Board
policy preference to long-term funding, and acting (IFSB), in coordination with other relevant stan-
through its own balance sheet to ensure both liquid- dard-setting bodies, should review the regulatory
ity and solvency in the financial system (box 4.1).

92
treatments of assets held with long-term horizons • Create new instruments to mobilize voluntary
to assess their systemic impact on long-term invest- sector resources for long-term financing.
ment appetite and deflate any unintended bias for • Encourage households’ participation in Islam-
short-term investment, with a view to moderate risk ic capital markets by channeling their savings
at the system-wide level. through the use of Islamic mutual funds and
The following measures may be taken to promote brokerages enable with financial technology
risk-sharing and long-term finance in Islamic bank- (FinTech).
ing: • Facilitate secondary market trading by strength-
• Establish the legal and regulatory environment ening components of market infrastructure,
that ensures effective enforcement of contracts such as trading, depository, and clearing and
over longer terms. settlement systems.
• Improve information disclosure and transpar- • Foster collaboration among stakeholders across
ency. the universe of ethical finance, which comprises
• Provide appropriate tax incentives for extending environmental, social and governance (ESG)
maturities. finance as well as Islamic finance, in order to
• Enable Shariah-compliant risk-mitigating attract ESG conventional liquidity into Islamic
mechanisms for extending maturities. capital markets.
• Provide tax neutrality among debt-based and
Islamic Capital Markets equity-based financial instruments.
Capital markets are another ideal source for long-
term financing. However, Islamic capital markets Furthermore, as recommended by Kuala Lumpur
remain largely underdeveloped, which undermine Declaration, governments could issue macromar-
their potentiality. ket instruments that would provide their Treasuries
The following proposals are put forward to address with a significant source of non-interest-rate–based
weaknesses that currently shorten financing hori- financing while promoting risk sharing, provided
zons and render Islamic capital markets underdevel- that these securities meet three conditions: they are
oped (where they exist): of low denomination; are sold on the retail market;
• Improve the protection of investor rights by in- and come with strong governance oversight. In ad-
troducing efficient functioning processes. Es- dition to funding Treasuries, low-denominated risk-
tablish effective mechanisms for resolving dis- sharing instruments can help achieve the previous
putes, institute a sound insolvency framework. proposal and promote shared prosperity. On the
• Provide a level playing field for Islamic finan- other hand, the Islamic International Rating Agency
cial instruments in competing with conventional (IIRA) should lead efforts to foster the development
counterparts. Introduce tax neutrality for Islam- of project-specific sukūk by establishing standards
ic finance. for ratings and general information dissemination.
• Enhance the governance and informational in-
frastructure by developing credit information Institutional Investors
systems, accounting and disclosure rules, in- Institutional investors, such as pension funds, sov-
ternal and external auditing systems, shari’ah ereign wealth funds, takāful, and awqāf, represent a
auditing systems, and shari’ah compliance large potential source of long-term financing. While
screens. their long-term investment horizons are conducive
• Engage domestic institutional investors in Is- to long-term financing, their current allocations to
lamic capital markets development initiatives, long-term projects are still low. A more meaningful
making sure to lift any restrictions that may im- participation of institutional investors in long-term
pede their participation. financing is possible if the issues of policy uncer-

93
tainty, lack of appropriate financing vehicles, unfa- • Focus policy efforts on channeling investments
miliarity with and inadequacy of investment and risk of institutional investors to their domestic econ-
management expertise in this asset class, regulatory omies in favor of greater sustainability against
restrictions, and lack of verifiable high-quality data the potentially destabilizing reliance on foreign
are addressed. investments. At the same time, strengthen the
governance arrangements around such domestic
Against this backdrop, G-20/OECD (2013) has investment to minimize any potential conflict of
come up with high-level principles that recommend interest or political interference that could un-
a conducive legal and regulatory environment and dermine allocative efficiency.
policies that can promote long-term savings through • Design macroprudential tools following inter-
pooled investment vehicles. This can be done by es- national best practices and standards to reduce
tablishing and supporting policies that can, among incentives for short-term foreign investment,
other things, increase efficiency, reduce costs and along the lines of a Tobin tax22.
tax burdens, enhance transparency, and enhance the
predictability of cash flows. FinTech and the Islamic Social Sector
FinTech may provide a huge boost to Islamic bank-
On this front, efforts to leverage institutional invest- ing and finance by creating a quantum leap in the
ment schemes for long-term finance should be di- design and adoption of truly risk-sharing Islamic
rected toward reforming and developing current pen- financial instruments. Despite the huge potential,
sion systems. Regulators in OIC member countries technological innovations remain underutilized in
and international standard-setting bodies, including the Islamic finance sphere.
the Islamic Financial Services Board, should issue • Governments should provide incentives for Is-
new best-practice guidelines to reinforce long-term lamic financial innovation based on FinTech
horizons in the governance and portfolio manage- solutions, especially for mobilizing the dormant
ment of public pension funds and sovereign wealth Islamic social sector toward investments with
funds. This is necessary to overcome increased environment and social impacts, as well as eco-
short-term biases in existing governance models and nomic ones (impact investing). Crowdfunding,
incentive compensation. New performance metrics for example, can pool resources (zakāt, ṣadaqāt,
must be developed to discourage the use of short- waqf) from small surplus units and channel
term market benchmarks. The new measures should them toward investment in large-scale projects
be transparent and consistent with long-term invest- that would otherwise be beyond the scope of
ment horizons. any one individual. This will effectively create
new instruments geared toward the provision of
The following proposals are put forward to address long-term Islamic finance.
the previously discussed and other impediments in • Regulations based on technology solutions
OIC member countries: should be developed to ensure the smooth func-
• Accelerate growth in takāful markets by pro- tioning of FinTech markets
viding tax incentives for takāful contributions, • Government and multilateral development insti-
especially for life takāful suitable for long-term tutions such as the Islamic Development Bank
investments. (IsDB) can provide a leadership role for FinTech
• Increase the efficiency of structural surpluses to effectively pool funds for Islamic investments
in national savings by redirecting them to sov- from various resources (households, firms, and
ereign wealth funds with a long-term shari’ah- the social sector) and reduce the heavy reliance
compliant investment mandate. on bank lending23.

A Tobin tax is a tax on spot conversions of one currency into another in order to impose a penalty on short-term currency speculation.
22
23
Crowdfunding has been successful in financing projects that have problems with traditional funding. Therefore, it should be seen as a
supplement to existing financing sources that has the potential to work where these models fail. See chapter 3.

94
Public-Private Partnerships • Raise awareness on the ways Islamic finance
Amidst challenging global financial conditions and could be mobilized for PPP projects to help
suppressed public finances, many countries are re- overcome challenges in acquiring long-term fi-
sorting to public-private partnerships (PPPs) to re- nance.
alize long-term investments. As noted in the 2016 • Develop a comprehensive list of projects, more
McKinsey study, Bridging Global Infrastructure case studies, and a data repository on Islamic
Gaps, PPPs “will continue to be an important source finance for PPPs.
of financing in the future. But since they account for • Build capacity—including institutional and
only about 5 percent to 10 percent of total invest- human resources in central and local govern-
ment, they are unlikely to provide the silver bullet ments, regulators, the private sector, and central
that will solve the funding gap. Public and corporate banks—to explore Islamic finance for PPPs.
investment remain much larger issues” (Woetzel et • Identify pilot projects to demonstrate the im-
al. 2016). As such, the conditions should be set for plementation of Islamic finance for PPPs and
PPPs to provide a much larger share of total invest- to stimulate further mobilization of Islamic fi-
ment. nance for PPP projects.
• Develop new products and expand existing ones
While the asset-backed nature of Islamic finance to increase the use of Islamic finance for PPP
structures and their emphasis on shared risks make projects.
them a natural fit for PPPs, the legal framework • Standardize documentation and approaches to
governing such initiatives must be enhanced to reap facilitate implementation of Islamic financing
the benefit of deploying Islamic finance for PPP modes in PPP projects.
projects. A key legal issue for PPPs is the existence • Mobilize local Sharī‘ah capital for long-term in-
of concession law that defines the rights and obli- vestments through PPPs by creating a local cur-
gations of different parties at various stages of the rency financing facility.
transaction. The European Bank for Reconstruction • Set up Sharī‘ah-compliant funds that have the
and Development (EBRD 2006) provides a list of mandate to participate in financing PPP projects.
core principles for a modern and well governed con- • Create an enabling environment that promotes
cession law, including having clear rules to ensure PPP projects.
a stable and predictable legal framework; promot-
ing transparency and fairness; protecting the rights Multilateral Organizations
of different stakeholders, including financiers; and Unequivocally, as highlighted in the G-30 report,
providing state support in the form of guarantees “addressing the need for adequate long-term finance
and undertakings. Not only are concession laws requires a sense of urgency. The solutions are not
needed, but the Islamic perspective on these laws simple: they are complex, multifaceted and multi-
also must be clearly understood24. In this regard, dimensional. No single authority can drive change
while AAOIFI has issued Sharī‘ah standards for in this arena.” Multilateral development banks
concession law, they have not yet been implemented (MDBs) such as the World Bank and the Islamic De-
in different jurisdictions. velopment Bank can play an important role not only
in providing long-term financing, but also in help-
The following steps may be taken to facilitate great- ing create an environment that facilitates domestic
er use of Islamic financing in PPP projects (World investment in long-term investments collectively. In
Bank 2017). addition to providing technical assistance to enhance

While a concession law may enable the use Islamic financing for infrastructure projects, some shari’ah issues can arise with the arrangement.
24
As concessions involve the transfer of assets for a limited period of time, issues related to transfer of ownership and/or lease of the asset and
the responsibilities of the parties involved need to be addressed from a shari’ah perspective.

95
the institutional framework, these organization can ment Guarantee Agency (MIGA), for example, a
also provide advice on some specific operational- member of the World Bank Group, offers political
level issues related to long-term financing. Benefit- risk insurance and credit enhancement guarantees
ing from their cross-country experiences, some of that help protect foreign direct investors against po-
the specific steps that MDBs can take to promote litical and noncommercial risks in developing coun-
long-term financing by the Islamic financial indus- tries. Strategic partnerships between MIGA and the
try include the following: Islamic Corporation for Insurance of Investments
Help countries improve the overall macroeconomic and Export Credits (ICIEDC) may foster develop-
environment. ment of shari’ah-compliant risk mitigation mecha-
• Offer knowledge and policy advice for institu- nisms and enhance long-term investment prospects
tional reform and policies for increasing long- in OIC member countries.
term investment. Suggest policies that align
incentives, pricing, and regulations to promote Table 4.2 presents policy recommendations that
long-term financing. These would include pro- would help promote the contribution of Islamic fi-
viding a policy framework to overcome con- nance to long-term investments. The policies are
straints related to information and capacity. presented corresponding to the challenges that the
• Provide know-how to build the financial archi- Islamic financial sector faces in long-term financing
tecture that would encourage the development that are discussed in this report. Furthermore, the
of Islamic capital markets and nonbank Islamic policies are discussed at two levels: steps that the
financial institutions. government and public bodies can take, and issues
• Identify the underdeveloped segments and areas related to Islamic financial institutions and markets.
of market failures and suggest necessary insti-
tutional set-ups and incentives that can promote
private sector involvement in long-term financ-
ing.
• Provide technical assistance to build capac-
ity and institutions that can promote domestic
mobilization of long-term financing and the de-
velopment of local capital markets and Islamic
institutional investors.
• Provide specific technical knowledge and exper-
tise related to application of standards in project
design and preparation, risk management poli-
cies, and corporate governance
• Help create the legal and regulatory framework
for public-private partnerships for long-term in-
frastructure investments.

OIC governments and multilateral organizations


should step up efforts to provide risk-mitigation
mechanisms to lower the high start-up risks, other
project-specific risks, political risks, and/or mac-
roeconomic risks associated with long-term in-
vestments. Tools may include risk-sharing–based
public-private partnerships, shari’ah-compliant cur-
rency swaps, and takāful. The Multilateral Invest-

96
Table 4.2 Policy Recommendations for Promoting Islamic Financial Sector Long-term Financing

table continues next page

97
Table 4.2 Policy Recommendations for Promoting Islamic Financial Sector Long-term Financing (continued)

98
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Chapter Attributions
Team Lead
Dawood Ashraf, Senior Researcher – Islamic Finance,
Islamic Research and Training Institute, Islamic Development Bank Group

Authors by chapter

100

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