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Let us now examine some objections raised from
practical point of view against using musharakah as a mode of financing.
Risk of Loss 1. It is argued that the
arrangement of musharakah is more likely to pass on losses of the business
to the financier bank or institution. This loss will be passed on to
depositors also. The depositors, being constantly exposed to the risk of
loss, will not want to deposit their money in the banks and financial
institutions and thus their savings will either remain idle or will be
used in transactions outside of the banking channels, which will not
contribute to the economic development at national level.
This
argument is, however, misconceived. Before financing on the basis of
musharakah, the banks and financial institution will study the feasibility
of the proposed business for which funds are needed. Even in the present
system of interest-based loans the banks do not advance loans to each and
every applicant. They study the potentials of the business and if they
apprehend that the business is not profitable, they refuse to advance a
loan. In the case of musharakah, they will have to carry out this study
with more depth and precaution.
Moreover, no bank or financial
institution can restrict itself to a single musharakah. There will always
be a diversified portfolio of musharakah. If a bank has financed 100 of
its clients on the basis of musharakah, after studying the feasibility of
the proposal of each one of them, it is hardly conceivable that all of
these musharakahs or the majority of them will result in a loss. After
taking proper measures and due care, what can happen at the most is that
some and them make a loss. But on the other hand, the profitable
musharakahs are expected to give more return than the interest-based
loans, because the actual profit is supposed to be distributed between the
client and the bank. Therefore, the musharakah portfolio, as a whole, is
not expected to suffer loss, and the possibility of loss to the whole
portfolio is merely a theoretical possibility which should not discourage
the depositors. This theoretical possibility of loss in a financial
institution is much less than the possibility of loss in a joint stock
company whose business is restricted to a limited sector of commercial
activities. Still, the people purchase its shares and the possibility of
loss does not refrain them from investing in these shares. The case of the
bank and financial institutions is much stronger, because their musharakah
activities will be so diversified that any possible loss in one musharakah
will be more than compensated by the profits earned in other musharakahs.
Apart from this, 'an Islamic economy must create a mentality which
believes that any profit earned on money is the reward of bearing risks of
the business. This risk may be minimized through expertise and
diversifying the portfolio where it becomes a hypothetical or theoretical
risk only. But there is no way to eliminate this risk totally. The one who
wants to earn profit, must accept this minimal risk. Since this
understanding is already there in the case of normal joint stock
companies, nobody has ever raised the objection that the money of the
shareholders is exposed to loss. The problem is created by the system
which separates the banking and financing from the normal trade
activities, and which has compelled the people to believe that banks and
financial institutions deal in money and papers only, and that they have
nothing to do with the actual results emerging in trade and industry.
Therefore, it is argued that they deserve a fixed return in any case. This
separation of financing sector from the sector of trade and industry has
brought great harms to the economy at macro-level. Obviously, when we
speak of Islamic banking, we never mean that it will follow this
conventional system in each and every respect. Islam has its own values
and principles which do not believe in separation of financing from trade
and industry. Once this Islamic system is understood, the people will
invest in the financing sector, despite the theoretical risk of loss, more
readily than they invest in the profitable joint stock companies.
Dishonesty ( Top
) Another apprehension against musharakah financing is that the
dishonest clients may exploit the instrument of musharakah by not paying
any return to the financiers. They can always show that the business did
not earn any profit. Indeed, they can claim that it has suffered a loss in
which case not only the profit, but also the principal amount will be
jeopardized. It is, no doubt, a valid apprehension, especially in
societies where corruption is the order of the day. However, solution to
this problem is not as difficult as is generally believed or exaggerated.
If all the banks in a country are run on pure Islamic pattern with
a careful support from the Central Bank and the government, the problem of
dishonesty is not hard to overcome. First of all, a well-designed system
of auditing should be implemented whereby the accounts of all the clients
are fully maintained and properly controlled. It is already discussed that
the profits may be calculated to the basis of gross margins only. It will
reduce the possibility of disputes and misappropriation. However, if any
misconduct, dishonesty or negligence is established against a client, he
will be subjected to punitive steps, and may be deprived of availing any
facility from any bank in the country, at least for a specified period.
These steps will serve as strong deterrent against concealing the
actual profits or committing any other act of dishonesty. Otherwise also,
the clients of the banks cannot afford to show artificial losses
constantly, because it will be against their own interest in many
respects. It is true that even after taking all such precautions, there
will remain a possibility of some cases where dishonest clients may
succeed in their evil designs, but the punitive steps and the general
atmosphere of the business will gradually reduce the number of such cases
(Even in an interest-based economy, the defaulters have always been
creating the problem of bad debts) But it should not be taken as a
justification, or as an excuse, for rejecting the whole system of
musharakah.
Undoubtedly, the apprehension of dishonesty is more
severe for the Islamic Banks and Financial institutions working in
isolation from the main stream of conventional banks. They have not much
support from their respective governments and central Banks. They cannot
change the system, nor can they impose their own laws and regulations.
However, they should not forget that they are not just commercial
institutions. They have been established to introduce a new system of
banking which has its own philosophy. They are duty bound to promote this
new system, even if they apprehend that it will reduce the size of their
profits to some extent. Therefore, they should start using the instrument
of musharakah, at least on a selective basis. Each and every bank has a
number of clients whose integrity is beyond all doubts. The Islamic banks
should, at least, start financing them on the basis of true musharakah. It
will help setting good precedents in the market and induce others to
follow suit. Moreover, there are some sectors of financing where
musharakah can be used easily. For example, the use of musharakah
instrument in financing exports has not much room for dishonesty. The
exporter has a specific order from abroad. The prices are agreed. The cost
is not difficult to determine. Payments are normally secured by a letter
of credit. The payments are made through the bank itself. There is no
reason in such cases why the musharakah arrangement should not be adopted.
Similarly, financing of imports may also be designed on the basis of
musharakah with some precautions, as explained earlier in this chapter.
Secrecy of the Business ( Top
) Another criticism against musharakah is that, by making the financier
a partner in the business of the client, it may disclose the secrets of
the business to the financier, and through him to other traders.
However, the solution to this problem is very easy. The client,
while entering into the musharakah, may put a condition that the financier
will not interfere with the management affairs, and he will not disclose
any information about the business to any person without prior permission
of the client. Such agreements of maintaining secrecy are always honored
by the prestigious institutions, especially by the banks and financial
institutions whose entire business is based on confidentiality.
Clients' Unwillingness to Share
Profits ( Top
) Many a time, it is mentioned that the clients are not willing to
share with the Banks the actual profits of their business. The reluctance
is based on two reasons:
1. They think that the bank has no
right to share in the actual profit, which may be substantial, because the
bank has nothing to do with the management or running of the business and
why should they (the clients) share the fruit of their labour with the
Bank who merely provides funds. The Clients also argue that conventional
banks are content with a meagre rate of interest and so should be the
Islamic Banks.
2. Even if the above was not a factor, the
Clients are afraid to reveal their true profits to the Banks, lest the
information is also passed on to the tax authorities and Clients' tax
liability increases.
The solution to the first part, though not
easy, is not difficult or impossible either. Such Clients need to be
convinced and persuaded that borrowing on interest is a cardinal sin,
unless there is a dire necessity for such borrowing. Mere expansion of
business is not a dire need, by any stretch of imagination. By making a
legitimate arrangement for obtaining funds for their business, by way of
Musharakah, not only do they earn Allah's pleasure but also a legitimate
return for themselves, as well as for the Islamic Banks.
In
respect of the second factor, all that can be said is that in some muslim
countries, rate of taxation are indeed prohibitive and unjust. Islamic
Banks as well as their Clients must lobby with the governments and
struggle to change the laws which hamper the progress towards Islamic
banking. The governments should also try to appreciate the fact that if
rates of taxation are reasonable and if the tax-payers are convinced that
they will benefit by honestly paying their taxes, this would increase, and
not decrease, government
revenues.
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