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Interest Free Banking

Shahzad Kazi November 18, 2002

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#101 Posted by yusafkhan on December 17, 2002 4:32:17 pm
pakfin...I am by no means a scholar of Islam or have any training in Islamic banking but I think what Islam wanted to prohibit was a kind of loan sharking which seemed to have plagued societies in those days. I am not a big buyer of banks taking equity stakes in either large well established corporations or new ventures due to inherant moral hazards associated with the practice.
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#100 Posted by Pakfin on December 16, 2002 2:24:12 pm
#99 by yusafkhan on December 14, 2002 4:20pm PT
Interest is rent:
Yusaf you are right. It is a similar concept. The first thing to realise here is that capital has value and that no one would be willing to give up that value without some sort of return. The propagonists of Islamic Banking have not been able to come up with too many real modes of Islamic Financing (other than Musharika and Modaraba). What most of these institutions are doing is to call interest profit or commission.
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#99 Posted by yusafkhan on December 14, 2002 4:20:58 pm
Interest is rent:
Money is an asset similar to a car or a house. When I rent out my house I recieve the rent while the renters get the opportunity to use the house, my asset. Similarly, it should be equally fine for me to lend out my cash savings, another asset, and receive rent which is the interest. Why should renting my home be allowed and renting my cash not? they are afterall the two faces of the same coin. I would go a step further to say that the market for lending my cash, or borrowing cash, is alot more liquid, well regulated and transparent than renting a house, which in financial terms is kind of an OTC (over the counter) contract.
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#98 Posted by Asaleh1 on December 11, 2002 8:38:48 pm
Asfand,

While your intensions may be noble, your concepts are misplaced.

The reason why I say this is because, rent is not exogenous, but in fact it is based on things like cost of property and financing and the perception of future price movement.

A person who rents a place is not looking for a long term committment on the property and which is why he may pay an amount that is different from what it should be on the basis of cost of carry.

I remember paying 10% of the property price in Canada because people were thinking that the prices may fall further and did not want to make a financial committment.

But in a mortgage where I am willing to make a financial commitment why should I pay for the, leave the property after lease expiry option.

I think a major problem for the Islamic Financers is that they have been unable to reconcile to the risk reward matrix. They have been unable to understand what drives the pricing of financial instruments and what motivates individuals to transact. If they were to understand that then they would be able to comprehend that the formal financial sector is most Islamic, i.e. it is fair to both the borrowers and lenders without the transaction being disguised to fool people as is being done by large Global Banks.

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#97 Posted by Asaleh1 on December 11, 2002 7:08:03 am
I would like to add a few concepts to this discussion.

1) If we have hyper inflation like what we used to have in Turkey 120% per annum or 1% every 3 days, how does one go about pricing goods in Turkey versus in Japan where there is a deflation of 3% per annum. Conceptually should deferred purchase have the same amount of profit, else it become profiteering.

2) The currency is printed by the Central Bank and is lent to the government who runs a budget deficit so that the money in circulation increases. Assuming that we start a new country, the Central Bank would not simply hand us the money by itself or in exchange for goods for it does not have any mechanism to store goods (except maybe gold even that Central Banks are shedding). So the point being if money is issued only with the full faith and obligation of the Government only, this would normally give rise to inflation which is why to balance the loss in purchasing power the lender demands interest (otherwise he would invest it in real assets whose nominal price would increase with inflation).

3) Islamic Banking specialist start investment banking not at the stage of issuance of money but somehow think that investors and borrowers should engage in this activity. They cannot reconcile the alternatives available to them and the risks involved in the process. In an hyper inflationary environment if I have excess cash for 1 week can I take a risk on a company involved in an economic activity. No because that company is engaging in a long term activity and whose value would be driven by the level of customer satisfaction it has been able to develop that would lead to greater profits in the future. Profits are not merely the amount of money made in the past but what can be made in the future based on the activity today.

Short term investments should give us small return in short term horizon while long term investments should be evaluated on the basis of future cash flows.

I hope I have not confused the issue.
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#96 Posted by SR on November 29, 2002 9:07:04 am

Re: #94 by tahmed32 [``...Junaid is my old classmate from Government College Lahore. Small world. ...``]

It is a small world, Ahmed sahib, and its getting smaller. Glad to know that you are also a fellow Lahori. They say you can get the boy out of Lahore, but you cannot get Lahore out of the boy. I cannot say about anyone else, but it certainly hold true for this humble servant of yours.

As for Rabbani sahib, I have only had the pleasure of meeting him once at a gathering in the mid-1990s. He wouldn`t possibly remember me. I hear about him simply because I have the honor of sharing his last name and since he is a prominent member of the community in the New York area the subject comes up during conversations.

...SR
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#95 Posted by SR on November 29, 2002 6:46:25 am
Re: #93:

The email is, without any space or other characters, myfullname at yahoo dot com. Always glad to hear from the friends of Chowk. Please drop a note anytime.

...SR
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#94 Posted by tahmed32 on November 29, 2002 6:46:24 am
pakfin #93 You may receive enlightenment directly from guru SR. In return, please send a small donation (interest free) to me.
SR #92 Junaid is my old classmate from Government College Lahore. Small world.
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#93 Posted by Pakfin on November 28, 2002 1:57:02 pm
SR I would like to get your views on the economy in some detail. How can I get in touch with you? Is there an email address that I may use?
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#92 Posted by SR on November 27, 2002 10:57:08 pm

Re: #91 by pakfin [``... are you the same Rabbani who worked for Citibank in Treasury in New York?...``]

No sir, that is Junaid Rabbani. He is a successful finance executive, whereas I am not even an ordinary bank peon. Junaid has moved from Citi. For a while he went to Aetna but recently he`s gone private (asset management).

...SR
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#91 Posted by Pakfin on November 27, 2002 1:47:11 pm
#88 by zeemax . Let us look at the fallacy in this argument.

Consider a morabaha transaction where an individual is getting a loan to buy a house.

The individual sells two airconditioners to the bank for Rs. 1,000,000 and then buys them back for Rs. 2,500,000 immediately. This amount of Rs. 2,500,000 is then repayable to the bank in equal monthly installments over a period of say 20 years. The repurchase price is fixed by the financial institution based on the internal rate of return that it wants on the loan. The individual either sells property that he/she does not own or property that he/she does own at an inflated price.

Is this Islamic banking?
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#90 Posted by Pakfin on November 27, 2002 1:47:11 pm
SR are you the same Rabbani who worked for Citibank in Treasury in New York?
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#89 Posted by tahmed32 on November 27, 2002 8:42:32 am
zeemax #88 They say that someone who knows WHAT is to be done is a good worker. However, the person who knows WHY something is being done is his boss. The trouble I see in Islamic Banking is that people have their own interpretations of WHAT is to be done, and I have yet to read one sentence in any discussion on WHY the Quran is against Riba. The reason the WHY does not come up is because the basic thrust of the Quran is counter to the ethos of ``Islam`` as it exists in practice among fervent muslims around the world.
We must change the way we view what Islam is all about before we can talk about Islamic Banking. And when we do, we will realize that Islamic Banking is first and foremost about being reliable and customer-oriented. In other words, doing what the best among commercial banks (and this does NOT include nationalized banks in Pakistan) have been doing all along all over the world.
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#88 Posted by zeemax on November 27, 2002 6:36:51 am
Well, I think I made it abundantly clear in my post #84 that the Islamic mode of Finance does not contemplate on eliminating a reward or `rent` for capital, but it does abhor `interest` as a reward for capital. The reward in, say Morabaha deals, comes from re-invoicing the purchased goods. In this mode there is no concept of borrowing, or collateral. Only purchase and re-sale. In these deals the only collateral is over the cash flows emanating from the goods financed, and not over the goods themselves. The title of the goods passes from the financier to the borrower immediately once the deal is consummated and the goods become freehold. This is because pledging goods for `Rehan` or in other words hawking one`s property is forbidden.

The problem arises when one has to decide on the re-invoiced price. What should it be? tahmed32 is right in saying that it may be hypocrisy because so far it is calculated based upon the cost of funds for the tenor, plus administrative cost plus profit. However one important fact remains. The goods are the possession of the borrower and not mortgaged. It`s upto the lender to assess the future cash flows and place a lien over them. That`s permitted as it’s an investment in future cash flows rather than usurping someone`s property towards a fixed return by the benefit of possession of capital. In my opinion that`s the theory behind it all and must not be rejected outright. It`s also an important distinction and goes a long way towards the expertise and monitoring capabilities of the lenders as against collateral based fixed-return lending.

The main problem with Islamic Mode of Finance is not even the needs of risk-averse depositors. This could be corrected by a central provident fund, funded from zakat proceeds to insure any needy person getting burnt in the process. The National Savings Schemes are right now being funded from fiscal resources. No one knows where the colossal zakat deductions go. Those resources could be easily replaced with the zakat fund.

The main problem is State Funding and Monetary Policy. How does one conduct a monetary policy without T-Bills ? And how does one fund Budgetary Deficits without Bank/Non-bank borrowing ?

There are answers to the above as well through securitizations of State Assets and lease-back through Special Purpose Vehicles (SPVs) which are provided for in Islamic Mode through `Ijara`. A Capital lease is Ijara while a Finance Lease is not permitted. Securitization of say Tarbela Dam would be a Capital lease. Car finance is a Finance lease.

Therefore, there are modern solutions to the `7th Century` ideas as my good friend GhalibZaman stated. However, Islamic Mode of Finance is neither Hypocrisy nor nonsense. Its a very serious counter-approach to finance and banking as we know it..

Regards.
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#87 Posted by tahmed32 on November 26, 2002 3:58:56 pm
Zeemax: Here is a simple test of Islamic Banking - Would you be willing to open a Bank that pays zero interest to its depositors and asks zero interest from its borrowers?
If yes, then please advise when you are open for business and I will be your first borrower.
More seriously, whatever way I look at it Islamic Banking is either hypocrisy (where interest is called many different names, and equity participation is called a ``loan``) or else a non-starter (as you say, you dont contribute resources to economic activity without charging a ``rent`` of some kind). If the proponents of Islamic Banking were really trying to ``follow instructions`` as they understand it, they would give loans plain and simple without interest. The problem with most fervent muslims is that they are afraid to use their own minds, and follow what they have been told like sheep.
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#86 Posted by GhalibZaman on November 26, 2002 11:45:46 am
Zeemax:

Thank you for this very timely input. Would you please participate and write something about how the Islamic mode of Finance ( I like the ring of it) is working on a practical level and how are present-day ``educated`` ones in MBA & Banking Institutes coping with the shock of ``7th`` century modernity.

Under our english-based education ( read: Mind Colonisation) system one is trained specifically never to use one own mind. The ability to ape & parrot in food, dress, and alien-accent is considered the highest achievement. The result is for all to see. We have Pleaders intead of Leaders and those who seek salvation by offerring themselves to be enslaved by the remote-controllers.

Please stay in touch. You know how :)
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#85 Posted by Pakfin on November 26, 2002 11:01:33 am
The only forms of interest free financing are Musharika and Modarba. Leasing may also be considered an interest free form of financing. However, markups and morabahas are simply interest based forms of financing by another name.
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#84 Posted by zeemax on November 26, 2002 7:35:33 am
Since conversation is lively regarding this issue, let me offer my two cents worth.

1) I read someone`s opinion on this board that `interest` is different from `rent`. In fact, the two are identical. As per Adam Smith, the father of modern capitalistic economy, we all know each of the four factors of production has it`s reward, or `Rent` as its called in economics terminology. Entrepreaunership has profit, Land has Rent, Labour has Wages, and Capital has interest. Thus, a capitalistic system cannot function without a reward for capital, or in other words `rent` for capital or any other of the factors of production. It`s like removing one leg from a chair and trying to sit on it. In the communist system the reward for `Entrepreneurship` was removed and it collapsed. So is the case with removing the reward for capital. That`s why all the controversy about an interest-free system.

2) The Islamic system is a capitalistic system as well and the reward for capital cannot be removed. It is not intended to be either. The difference is that Islam insists on `Intrinsic Value` in transactions and not notional or derived value.

That is why Islam prohibits any form of derivatives, although limited futures contracts are permitted in the form of Istis`na. When we make a profit from a derivative, it comes out of some one else`s pocket with no intrinsic backing to the transaction. So it`s gambling unless its purely for hedging reasons towards a physical trade.

To that extent I agree fully with my friend SR that a Gold backed economy is worth looking at, but then there are concerns about who exactly will benefit from such an economy? Its certainly not going to be the Muslims. So why not have an Oil backed currency based on proven reserves? The answer is blowing in the wind.

3) Some people have expressed concerns, like our dear friend Ras, that can the Islamic Banking work on a large scale? I had the same reservations and now am of the opinion that it can work better on a large scale rather than on a retail level. I had written about the problems at the retail and macro level elsewhere on some board. Firstly, Islamic banking is a misnomer. It`s not banking at all. It`s the Islamic Mode of Finance. Interestingly, the acronym works out to IMF. It has no parallel with banking as we know banking.

4) In Pakistan, the largest deals that have been executed are the PIA fleet replacement plan worth $ 1 billion, out of which $ 150 million has already been disbursed. This is Morabaha finance with Citibank as lead manager of a consortium of National Bank, Hong Kong & Shanghai Banking Corporation, United Bank, and Exim Bank. So this mode of finance is well established in large corporate deals.

5) The major problem comes at either the retail level or the public finance level with the government, as Islam does not allow fixed income. So where will the National Saving Scheme go with Rs 750 billion outstanding in fixed income bonds? Or where does the individual widow or retiree get risk-averse returns? Again these questions need to be resolved.

In conclusion, the principles of Islamic banking are sound. We need to translate these into modern economy.

Regards.

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#83 Posted by SR on November 25, 2002 1:43:13 pm
Re: #77 by dullabhatti [``... tell me ... What kind of insurance will protect my assessts and what kind of motgage will be best... you are not suggesting me to move ...``]

It is not my place to suggest anything about how you, or anyone else, should or should not, handle their personal investments. Your specific situation may be so different than mine that anything I say may make absolutely no sense in your case.

All I can do is to offer a hypothetical course of action that I would likely take were I in similar circumstances.

If I was living in California and had a regular job and a home mortgage I would try to secure my financial future from the potential financial storm on the horizon by first eliminating as much debt as I could.

If I was single I`d sell my house which, at this time, would sell at a great price (especially if I`d had it for some time), pay off the loan and buy a combination of interests in oil, silver and gold (bullion - ideally from Dubai) with the capital gain in equity, and rent a modest apartment for the next few years waiting for the real estate market to come down. Next I`d cut all unnecessary expenses and be in the maximum positive cash flow position possible. I`d also cash out all other paper assets, if I had any, and put them in the same place as the proceeds from the house.

If I had children and a whole family, then of course, selling the house would not be a viable option, but I`d get a low fixed rate mortgage (not a `floating` or `adjustable` one -- because mortgage rates should eventually skyrocket).

If I was retired, or lost my job, I`d sell everything and immediately move to Panama and set up household in the Canal Zone. Any surplus cash reserves or liquid savings, I would keep in Canadian dollar (50%), Euro (35%) and South African Rand (15%). I`d avoid the US dollar (and dollar denominated assets -unless based on tangible intrinsic value, such as Newmount Mining shares) as one does bubonic plague.

These are just my opinions about what I would do, so am not looking for a debate here. I respect everyone else`s views as valid also.

...SR
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#82 Posted by tahmed32 on November 25, 2002 12:13:45 pm
SR #75 I dont think anyone can unite the ``ummah`` against anyone - people who talk the most about the ``ummah`` understand the least what a ``community`` (i.e. ``ummah``) is all about, and are too busy grabbing each other`s throats (shia vs sunni, ahmedi vs. shia/sunni, this school of thought vs that school of thought, this mullah`s followers vs. that mullah`s followers - I am told in pakistan followers of different mullahs (even if they belong to the same sect) refuse to say prayers behind a competing mullah.
On gold - will look forward to your articles. We shall have much to argue about, I am sure. :-)
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#81 Posted by Pakfin on November 25, 2002 12:13:45 pm
#27 by FJ . The issue here is not necessarily that of the viability of Islamic banking, but is that of a demand or markets for Islamic banking.

If somebody would prefer that a bank terms interest as profit or rent then so be it.
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#80 Posted by Pakfin on November 25, 2002 12:13:45 pm
#30 by SR on November 19. SR a very good paralell if I may say so.
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#79 Posted by Pakfin on November 25, 2002 12:13:44 pm
#33 by Urstruly . This is the concept behind Credit Unions and Cooperatives. It has nothing to do with Interest or with Islamic banking. Non-profit financial institutions may be set up by various governments to promote investment, but that is another topic.
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#78 Posted by tahmed32 on November 25, 2002 12:13:44 pm
SR #75 Incidentally (to add to my post below) I think it is funny to hear about a white south african teaching morality to the US, considering that it was US economic sanctions that, more than anything else, forced the white south african to step down from power and put an end to the apartheid regime. Just as I find it funny when I see how the Germans and Japanese are nowadays the most anti-war of all people, with Schroeder lecturing the US on Iraq - obviously getting their butts kicked by the US in WWII (when these same nations were bent upon ruling the ``inferior people`` of the world taught them some lasting lessons. As for Pakistan, the fact that it even exists today is due to US pressure in 1971 (backed by movements of the seventh fleet). So, it is not just a question of the other people having committed atrocities like the US. It is a question of the US being at the forefront in the war against the evils of Nazism and Communism, just as it is in the forefront in the war against the evil of Islamism today. (I say Islamism, not Islam, because Islamism is the opposite of true Islam).
As for the Indians and Blacks - these are obsolete issues. You and I (both living in the US) now live on land that the Indians used to roam once, and I dont know about you but I have no qualms about that. Since that is history, and every nation has skeletons in its closet, and if all one can do is rattle those skeletons then one needs to update one`s opinions. Similarly, the US is a better place for the black man than any place in Africa (even after forty years after the became free from colonialism) or anywhere else - if you dont believe me, look at the number of illegal immigrant Africans, Haitians etc. in the US. You dont find American Blacks flying back to the now-free African nations.
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#77 Posted by dullabhatti on November 25, 2002 11:04:19 am
SR: yaar tell me how I can insure myself against the possible nuking of California? What kind of insurance will protect my assessts and what kind of motgage will be best for me in that case? we are talking in teh home mortgae conext here..not in general...you are not suggesting me to move to some safer place?:). You are right in a way..I have already improved my chances many folds than my border dweller relative..now it is a matter of how much more safe I need to be.

Let me also clarify that I am not saying to leave everything on fate...my original comment was on Asfand`s case study where the home owner is hedged by indexing the payment with market rent..remember in that case study the owner will have lower payment if the values go down but he still is responsible for the lower value of the home. Bank does not share the lost equity, it only makes the owner feel better during the down days by lowering the rent portion of the payment by meagre amount.
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#76 Posted by Pakfin on November 25, 2002 7:55:04 am
#21 by asfand . The way I see it is that most financial institutions that offer Islamic banking are not really doing so. I can bet you that in the example offered by you where a borrower pays part of the principal and a part of rent back to the financial institution, the rent is actually based on a fixed interest rate, which in turn is based on the cost of funds for the tenor of the loan.
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#75 Posted by SR on November 25, 2002 5:48:51 am
Re: #69 by tahmed32 [“… your support for the gold dinar [is] not in terms of rational economics but in terms of what I consider to be an irrational hatred for the US. What atrocities has the US committed exactly? …”]

Aray yar, Ahmed sahib, you take it too seriously. I am not trying to unite the ummah against the “Great Satan.” That job, I’ll leave to others.

The US is not uniquely atrocious. The powerful always get their way and in so doing they twist arms and step over toes. Those whose arms are thus twisted, feel they have been subjected to atrocities. US being the principle power of the day, by definition will step over weaker toes. The foundation of this great world power was laid on graves of the Native America populations and it’s early economic success was built on the back of African slaves. In my book those are the real historical atrocities of this great power. But, the pyramids were built on the graves of the slaves and so was the Great Wall of China, the Taj Mahal and the Badshahi mosque etc., etc.

The reference to the Muslim world uniting in my message #67, if you noticed, was in question form. A rhetorical question, at that.

Those words (“come on brothers and sisters…etc”) were actually adapted from Jim Sinclair (Chairman and CEO of Tan Range corporation, a South African gold mining firm http://www.tanrange.com/s/Home.asp and a prominent spokesman of the gold industry), whose speeches and writings I have followed for some time. I recently met Sinclair, who turned out to be an unbelievably down to earth, open and friendly man. We had a detailed talk at a conference where I met him in New Orleans recently.

It was Sinclair’s view that the convergence of political and economic forces is coming into a sharper focus. The perceived (or real?) atrocities of the US could act as a motivator, a catalyst, and egg on some of the (Muslim) elements in the world that will combine with others who are motivated by fundamental economics, and it will coalesce into a force greater than the sum of its components.

The economic rationale of pro-gold sympathies is going to be an ongoing subject at Chowk FOMC, but for now, I’ve posted (in messages #63 and #64 under “Pir Sahib on Wall Street) two writings of, none other than, Allen Greenspan, himself. He, in his pre-Fed chairmanship days, was one strong supporter of the role of gold in a monetary system.

[“… And spare me this talk about the muslim world. … If you are worried about atrocities, try to convince the saudis to stop beheading poor pakistani workers every friday, …”]

The Saudi state security apparatus has the lucrative monopoly over illegal drug distribution. Therefore, ‘eliminating’ competition is a great price support method and keeps their profits margins high. The poor Pakistanis who are beheaded are simply used by competition as ‘mules’ –i.e., a person who carries, across border, a shipment of contraband.

[“…There is only one brotherhood - that of all mankind…”]

No arguments from me on this statement.

Re: #68 by ajeet [“… US is sitting on much bigger resourses … knack of finding alternatives … if at any time the supply of cheap crude is in doubt, they will find an alternate resource …”]

Yes, for starters, it can be said that the Persian Gulf oil reserves are virtually under US military ‘protection’ already. If the chips were down the oil fields will simply be ‘secured.’ There is serious ongoing talk in Washington and London about re-drawing the whole map of the Middle East. This includes splitting Saudi Arabia (a British creation to start with) into Najad (eastern) and Hijaz (western), and splitting up Iraq etc. Besides, when the Trade Wars come, the West (particularly North America) will have food-grain as an off-setting natural resource in a world approaching 7 billion population.

The point of my interest is not focused on whether the ummah defeats the “Great Satan” or vice versa. It is the fiat money based, out of control, monetary system (which will face increasing difficulties going forward) that I am discussing. The gold Dinar fits in as a wild card quite well in that equation.

Re: #72 by dullabhatti [“… we don`t plan for every uncertainty particularly the ones of the scale that effect everyone … ``it won`t happen but if does... we all be together in this``. Sure anything could happen tomorrow.....nukes could blow up....but we can`t plan our future for that. We can only plan according to what we have seen in the past...that is our reality. …”]

Bhatti sahib, you cannot be serious in adopting the logic of your relative who lives near the potential war-zone. He says that because he is there, on the spot. He either does not have a choice, or has embraced that fate and is willing to live or die with it. You on the other had, my friend, have voted with your feet and have taken a different course in life for the betterment of your family and future. I am making a major assumption here that you live in the West and have done so because unlike your border dwelling relative, you were not content to resign yourself to whatever fate would have in store for you had you not left that part of the world. Now, if my assumption is correct, then you are precisely the kind of a person who should be planning for those problems that can be tackled within our means, if we are aware of them.

Your argument sounds like someone who is aboard the Titanic. When it is mentioned that an iceberg may have hit the ship, you rebuff it by taking comfort in the assurances of the ship’s invincibility and, further, by saying that we are all in it together. Yes, you are on the Titanic, but you are one of the first class passengers above deck. You have a chance to secure a seat on one of the life boats. Those, less fortunate, who are below deck will have no choice. Its understandable for them, like your border dwelling relative, to say that “we are all in it together”. But you (and most readers here) are not in that situation. Its behooves those of us who can, to understand the situation and take pre-emptive action. That is the whole purpose of all my ranting and raving.

…SR
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#74 Posted by SR on November 25, 2002 5:48:51 am
Re: #69 by tahmed32 [“… your support for the gold dinar [is] not in terms of rational economics but in terms of what I consider to be an irrational hatred for the US. What atrocities has the US committed exactly? …”]

Aray yar, Ahmed sahib, you take it too seriously. I am not trying to unite the ummah against the “Great Satan.” That job, I’ll leave to others.

The US is not uniquely atrocious. The powerful always get their way and in so doing they twist arms and step over toes. Those whose arms are thus twisted, feel they have been subjected to atrocities. US being the principle power of the day, by definition will step over weaker toes. The foundation of this great world power was laid on graves of the Native America populations and it’s early economic success was built on the back of African slaves. In my book those are the real historical atrocities of this great power. But, the pyramids were built on the graves of the slaves and so was the Great Wall of China, the Taj Mahal and the Badshahi mosque etc., etc.

The reference to the Muslim world uniting in my message #67, if you noticed, was in question form. A rhetorical question, at that.

Those words (“come on brothers and sisters…etc”) were actually adapted from Jim Sinclair (Chairman and CEO of Tan Range corporation, a South African gold mining firm http://www.tanrange.com/s/Home.asp and a prominent spokesman of the gold industry), whose speeches and writings I have followed for some time. I recently met Sinclair, who turned out to be an unbelievably down to earth, open and friendly man. We had a detailed talk at a conference where I met him in New Orleans recently.

It was Sinclair’s view that the convergence of political and economic forces is coming into a sharper focus. The perceived (or real?) atrocities of the US could act as a motivator, a catalyst, and egg on some of the (Muslim) elements in the world that will combine with others who are motivated by fundamental economics, and it will coalesce into a force greater than the sum of its components.

The economic rationale of pro-gold sympathies is going to be an ongoing subject at Chowk FOMC, but for now, I’ve posted (in messages #63 and #64 under “Pir Sahib on Wall Street) two writings of, none other than, Allen Greenspan, himself. He, in his pre-Fed chairmanship days, was one strong supporter of the role of gold in a monetary system.

[“… And spare me this talk about the muslim world. … If you are worried about atrocities, try to convince the saudis to stop beheading poor pakistani workers every friday, …”]

The Saudi state security apparatus has the lucrative monopoly over illegal drug distribution. Therefore, ‘eliminating’ competition is a great price support method and keeps their profits margins high. The poor Pakistanis who are beheaded are simply used by competition as ‘mules’ –i.e., a person who carries, across border, a shipment of contraband.

[“…There is only one brotherhood - that of all mankind…”]

No arguments from me on this statement.

Re: #68 by ajeet [“… US is sitting on much bigger resourses … knack of finding alternatives … if at any time the supply of cheap crude is in doubt, they will find an alternate resource …”]

Yes, for starters, it can be said that the Persian Gulf oil reserves are virtually under US military ‘protection’ already. If the chips were down the oil fields will simply be ‘secured.’ There is serious ongoing talk in Washington and London about re-drawing the whole map of the Middle East. This includes splitting Saudi Arabia (a British creation to start with) into Najad (eastern) and Hijaz (western), and splitting up Iraq etc. Besides, when the Trade Wars come, the West (particularly North America) will have food-grain as an off-setting natural resource in a world approaching 7 billion population.

The point of my interest is not focused on whether the ummah defeats the “Great Satan” or vice versa. It is the fiat money based, out of control, monetary system (which will face increasing difficulties going forward) that I am discussing. The gold Dinar fits in as a wild card quite well in that equation.

Re: #72 by dullabhatti [“… we don`t plan for every uncertainty particularly the ones of the scale that effect everyone … ``it won`t happen but if does... we all be together in this``. Sure anything could happen tomorrow.....nukes could blow up....but we can`t plan our future for that. We can only plan according to what we have seen in the past...that is our reality. …”]

Bhatti sahib, you cannot be serious in adopting the logic of your relative who lives near the potential war-zone. He says that because he is there, on the spot. He either does not have a choice, or has embraced that fate and is willing to live or die with it. You on the other had, my friend, have voted with your feet and have taken a different course in life for the betterment of your family and future. I am making a major assumption here that you live in the West and have done so because unlike your border dwelling relative, you were not content to resign yourself to whatever fate would have in store for you had you not left that part of the world. Now, if my assumption is correct, then you are precisely the kind of a person who should be planning for those problems that can be tackled within our means, if we are aware of them.

Your argument sounds like someone who is aboard the Titanic. When it is mentioned that an iceberg may have hit the ship, you rebuff it by taking comfort in the assurances of the ship’s invincibility and, further, by saying that we are all in it together. Yes, you are on the Titanic, but you are one of the first class passengers above deck. You have a chance to secure a seat on one of the life boats. Those, less fortunate, who are below deck will have no choice. Its understandable for them, like your border dwelling relative, to say that “we are all in it together”. But you (and most readers here) are not in that situation. Its behooves those of us who can, to understand the situation and take pre-emptive action. That is the whole purpose of all my ranting and raving.

…SR
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#73 Posted by GhalibZaman on November 24, 2002 10:31:19 pm
For those truly interested in the subject. SR might find it fascinating.



By Dr. Sam Vaknin

This material is copyrighted.
Free, unrestricted use is allowed on a non commercial basis.
The author`s name and the address of this website must be incorporated in
any reproduction of the material for any use and by any means.

http://samvak.tripod.com/nm104.html

I. OVERVIEW

In the wake of the September 11 terrorist attacks on the USA, attention was drawn to the age-old, secretive, and globe-spanning banking system developed in Asia and known as ``Hawala`` (to change, in Arabic). It is based on a short term, discountable, negotiable, promissory note (or bill of exchange) called ``Hundi``. While not limited to Moslems, it has come to be identified with ``Islamic Banking``.

Islamic Law (Sharia`a) regulates commerce and finance in the Fiqh Al Mua`malat, (transactions amongst people). Modern Islamic banks are overseen by the Shari`a Supervisory Board of Islamic Banks and Institutions (``The Shari`a Committee``).

The Shi`a ``Islamic Laws according to the Fatawa of Ayatullah al Uzama Syed Ali al-Husaini Seestani`` has this to say about Hawala banking:

``2298. If a debtor directs his creditor to collect his debt from the third person, and the creditor accepts the arrangement, the third person will, on completion of all the conditions to be explained later, become the debtor. Thereafter, the creditor cannot demand his debt from the first debtor.``

The prophet Muhammad (a cross border trader of goods and commodities by profession) encouraged the free movement of goods and the development of markets. Numerous Moslem scholars railed against hoarding and harmful speculation (market cornering and manipulation known as ``Gharar``). Moslems were the first to use promissory notes and assignment, or transfer of debts via bills of exchange (``Hawala``). Among modern banking instruments, only floating and, therefore, uncertain, interest payments (``Riba`` and ``Jahala``), futures contracts, and forfeiting are frowned upon. But agile Moslem traders easily and often circumvent these religious restrictions by creating ``synthetic Murabaha (contracts)`` identical to Western forward and futures contracts. Actually, the only allowed transfer or trading of debts (as distinct from the underlying commodities or goods) is under the Hawala.

``Hawala`` consists of transferring money (usually across borders and in order to avoid taxes or the need to bribe officials) without physical or electronic transfer of funds. Money changers (``Hawaladar``) receive cash in one country, no questions asked. Correspondent hawaladars in another country dispense an identical amount (minus minimal fees and commissions) to a recipient or, less often, to a bank account. E-mail, or letter (``Hundi``) carrying couriers are used to convey the necessary information (the amount of money, the date it has to be paid on) between Hawaladars. The sender provides the recipient with code words (or numbers, for instance the serial numbers of currency notes), a digital encrypted message, or agreed signals (like handshakes), to be used to retrieve the money. Big Hawaladars use a chain of middlemen in cities around the globe.

But most Hawaladars are small businesses. Their Hawala activity is a sideline or moonlighting operation. ``Chits`` (verbal agreements) substitute for certain written records. In bigger operations there are human ``memorizers`` who serve as arbiters in case of dispute. The Hawala system requires unbounded trust. Hawaladars are often members of the same family, village, clan, or ethnic group. It is a system older than the West. The ancient Chinese had their own ``Hawala`` - ``fei qian`` (or ``flying money``). Arab traders used it to avoid being robbed on the Silk Road. Cheating is punished by effective ex-communication and ``loss of honour`` - the equivalent of an economic death sentence. Physical violence is rarer but not unheard of. Violence sometimes also erupts between money recipients and robbers who are after the huge quantities of physical cash sloshing about the system. But these, too, are rare events, as rare as bank robberies. One result of this effective social regulation is that commodity traders in Asia shift hundreds of millions of US dollars per trade based solely on trust and the verbal commitment of their counterparts.

Hawala arrangements are used to avoid customs duties, consumption taxes, and other trade-related levies. Suppliers provide importers with lower prices on their invoices, and get paid the difference via Hawala. Legitimate transactions and tax evasion constitute the bulk of Hawala operations. Modern Hawala networks emerged in the 1960`s and 1970`s to circumvent official bans on gold imports in Southeast Asia and to facilitate the transfer of hard earned wages of expatriates to their families (``home remittances``) and their conversion at rates more favourable (often double) than the government`s. Hawala provides a cheap (it costs c. 1% of the amount transferred), efficient, and frictionless alternative to morbid and corrupt domestic financial institutions. It is Western Union without the hi-tech gear and the exorbitant transfer fees.

Unfortunately, these networks have been hijacked and compromised by drug traffickers (mainly in Afganistan and Pakistan), corrupt officials, secret services, money launderers, organized crime, and terrorists. Pakistani Hawala networks alone move up to 5 billion US dollars annually according to estimates by Pakistan`s Minister of Finance, Shaukut Aziz. In 1999, Institutional Investor Magazine identified 1100 money brokers in Pakistan and transactions that ran as high as 10 million US dollars apiece. As opposed to stereotypes, most Hawala networks are not controlled by Arabs, but by Indian and Pakistani expatriates and immigrants in the Gulf. The Hawala network in India has been brutally and ruthlessly demolished by Indira Ghandi (during the emergency regime imposed in 1975), but Indian nationals still play a big part in international Hawala networks. Similar networks in Sri Lanka, the Philippines, and Bangladesh have also been eradicated.

The OECD`s Financial Action Task Force (FATF) says that:

``Hawala remains a significant method for large numbers of businesses of all sizes and individuals to repatriate funds and purchase gold.... It is favoured because it usually costs less than moving funds through the banking system, it operates 24 hours per day and every day of the year, it is virtually completely reliable, and there is minimal paperwork required.``

(Organisation for Economic Co-Operation and Development (OECD), ``Report on Money Laundering Typologies 1999-2000,`` Financial Action Task Force, FATF-XI, February 3, 2000, at http://www.oecd.org/fatf/pdf/TY2000_en.pdf )

Hawala networks closely feed into Islamic banks throughout the world and to commodity trading in South Asia. There are more than 200 Islamic banks in the USA alone and many thousands in Europe, North and South Africa, Saudi Arabia, the Gulf states (especially in the free zone of Dubai and in Bahrain), Pakistan, Malaysia, Indonesia, and other South East Asian countries. By the end of 1998, the overt (read: tip of the iceberg) liabilities of these financial institutions amounted to 148 billion US dollars. They dabbled in equipment leasing, real estate leasing and development, corporate equity, and trade/structured trade and commodities financing (usually in consortia called ``Mudaraba``).

While previously confined to the Arab peninsula and to south and east Asia, this mode of traditional banking became truly international in the 1970`s, following the unprecedented flow of wealth to many Moslem nations due to the oil shocks and the emergence of the Asian tigers. Islamic banks joined forces with corporations, multinationals, and banks in the West to finance oil exploration and drilling, mining, and agribusiness. Many leading law firms in the West (such as Norton Rose, Freshfields, Clyde and Co. and Clifford Chance) have ``Islamic Finance`` teams which are familiar with Islam-compatible commercial contracts.

-----please access the url to read complete text.
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#72 Posted by dullabhatti on November 24, 2002 5:54:25 pm
Khamkhwa, don`t accuse SR of pulling legs...mera te ehnay kachha ee laah ditta ay khich ke.:-)
SR: I think you have well put the uncertainty we live in. Our life span is nothing compared to what this place has been through and might go through. But we don`t plan for every uncertainty particularly the ones of the scale that effect everyone or lot of people. I remember talking to a relative who lives right on the Indo-Pak border during the tension days early this year. I was worried about their well being if the war broke..he showed great consolation and security by saying ``it won`t happen but if does...saareyaN de naal ee ay...we all be together in this``. Sure anything could happen tomorrow.....nukes could blow up...a big 10 point earthquake turn the homes into worthless rubble, all men over 30 could turn bald over night due to some super natural phenomenon.....but we can`t plan our future for that. We can only plan according to what we have seen in the past..or at the most what our fathers had seen in the past...that is our reality.


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#71 Posted by khamkhwa. on November 24, 2002 3:39:22 pm
Why do i get the feeling that SR is pulling some legs.
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#70 Posted by tahmed32 on November 24, 2002 12:48:01 pm
SR: #67 I think it is interesting that you present your support for the gold dinar not in terms of rational economics but in terms of what I consider to be an irrational hatred for the US. What atrocities has the US committed exactly? Developed the internet so you and I can chat? or is it the development of the automobile and thus of the oil industry, thereby making a bunch of illiterate arabs (the arabs having been in decay for several centuries by then) rich beyond their wildest dreams? Or is it the development of medicine that has increased life expectancies in South Asia from 41 years to closer to 70? I could go on.
And spare me this talk about the muslim world. I have been to a number of muslim countries, and rest assured that the poorest (and illegal) pakistani immigrant in the US gets more respect than the most hardworking illiterate worker in those countries. If you are worried about atrocities, try to convince the saudis to stop beheading poor pakistani workers every friday, in front of televesion cameras. There is only one brotherhood - that of all mankind. And the sooner we start to realize that, the better of everyone will be.
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#69 Posted by GhalibZaman on November 24, 2002 12:48:01 pm
SR
The once mighty and now lowly but hardy dinar stll survives, like the present-day muslim, in the `d` which stands for the penny (dinarum) . The `L` for Lombardi`s bank-note was once the imperial, now in retreat, Pound.

`Paivasta reh shajar sey, umeed e bahar rakh`.

What do you think of Anthony Sampsons? Also another seminal and iconolastic work ``Towers of gold and feet of clay`` and ``The merchants of fear`` on the tyranny and terrorism of the banks & the insurance `kuffars` of the day. I forget the name/names of the author.

Banks & Insurance are the real fortifications from where the entire humanity is `feudalled` in this urban & industrialised serdom.

PS: Money and banking is a subject that fascinates me no end. The problem for me is to harness, in lay terms, this esoteric and wildly unwieldy subject.
Till then, I am content to cheer or jeer from a respectable distance.
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#68 Posted by Ajeet on November 24, 2002 12:48:00 pm
SR # 67

My aunt who is seventy year old and in poor health is surely going to die in the next year or two and leave me her condiderable wealth. I have this great plan to start this business as soon as I come into this money. The problem is I have already been waiting for the past ten years for that to happen, but she just lives on inspite of her poor health. Mean time I am not getting any younger.

I think I have a much better chance of succeeding in my business than your islamic banking and gold dinar. This is if I don`t get run over by a truck while still waiting.

As far as resources are concerned, US is sitting on much bigger resourses than the entire islamic ummah. Also don`t forget they have this cursed knack of finding alternatives for their need. So if at any time the supply of cheap crude is in doubt, they will find an alternate resource before you can say Allah-o-Akber.

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#67 Posted by SR on November 23, 2002 10:29:48 pm
Re: Ghalib Z the coming of the Gold Dinar

Here we go. Thank you for contributing the newsclip. This is a development I`ve been watching with very keen interest for several months. The beginning of the end of this era of the Dollar`s hegemony (indeed the era of the power of all worthless paper `assets`) may be drawing to a close. The era of natural resource based value may be on the rise. Water, Hydrocarbons and Gold may have already begun.

Will we hear the Muslim world saying, “Let’s do it brothers and sisters. Let’s make them pay us with gold, not that lousy paper dollar?``

Today it may look like a puny joke, but this currency (the gold dinar) if it comes of age some day, would be the one way to strike back at the mighty US for all the atrocities committed over time. Militarily, there is no match whatsoever, but the dollar is the Achilles` heel.

It may have nothing really to do with gold, but the impact on the dollar-dominated world monetary system could be astounding. Gold prices should take off worldwide, because once that currency is established, the oil producers should logically refuse to accept (intrisically worthless) paper in exchange for their black gold. If that were to happen then the federal reserve will not be able to support the absurdly high price (against gold) of their green toilet paper.

Watch the banking houses and many of the big hedged gold companies collapse. That might just trigger off the other 128 trillion dollars (in notional value) of unregulated financial derivatives, a scary thought to say the least. This could be our early warning alarm. We have been warned.

That could really start a Great World Trade War, where North America`s strongest weapon would be food-grain not missiles. In two or three decades the landscape could be altered so radically that a Rip van Winkle from today would be utterly lost.

He may find a new natural resource-backed paper currency with the inscription IN GOLD WE TRUST printed on all its notes.

If he goes to his grandchildrens` school they may be singing a poem about Humpty Dumpty Greenback who sat on the Highest Wall of Debt and from there one day he ``had a great fall`` and all of ``Treasury`s printing presses`` and all of ``Federal Reserve`s Knights`` couldn`t restore its value again...

...SR

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#66 Posted by GhalibZaman on November 23, 2002 1:38:05 pm
Idea of Islamic dinar gaining momentum

ArabNews.com

LONDON – Next month Malaysian Prime Minister Dr. Mahathir Muhammad will address an international seminar on the adoption of the Islamic dinar as the unit of currency for international trade, especially between the Muslim countries.

The two-day seminar, scheduled to be held on June 25-26 in Kuala Lumpur under the patronage of the Institute of Islamic Thought, a Malaysian think tank, hopes to bring together a cornucopia of central bank officials, economists, bankers, businessmen, academics and other interested parties.

Dr. Mahathir, who is also the country’s finance minister, first mooted the idea of an Islamic gold dinar as a standard unit of currency for trade and financial transactions between the 54 member countries of the Jeddah-based trans-national Islamic Development Bank (IDB), last year. This in the aftermath of the currency crisis that hit the Asian countries, including Malaysia, so badly in 1999 and in 2000.

The Malaysian premier, whose government is the most proactive supporter of Islamic finance in the world and which has instituted a dual banking policy, a conventional system operating side-by-side with an Islamic one, cooperating but not interacting, has already hosted a domestic convention on the subject.

The volatility in the currency markets still persist today, and the Muslim countries, many of whom are primary commodities producers, are perhaps amongst those that are most affected. World commodity prices including crude oil, natural gas, palm oil, natural rubber, rice, tea and so on, are quoted on the commodity and futures exchanges in the US dollar.

Not surprisingly, many of the Muslim currencies including the Malaysian ringgit, the Saudi riyal, the Kuwaiti dinar, the UAE dirham, have traditionally been pegged to the US greenback. Malaysia was forced to go down this route in 1999, following the Asian crisis which saw the US dollar and other international currencies such as the Japanese yen and sterling sharply appreciate against the ringgit. However, pegging your currency to a strong international currency such as the US dollar has its upside and downside. When the dollar is strong, then those currencies tracking the dollar, similarly remain strong relative to the other international currencies.

But the greenback itself can be susceptible and has crashed against a clutch of currencies three times in the last two decades in 1985, 1988, and according to some analysts, is currently in the process of decline. So much so that some bankers in London confirm that already US investors are moving into non-dollar assets. Falling US share prices and the steady rise in the price of gold, are two other signs that the once-mighty dollar is on the decline and confidence in US-backed assets is on the decrease. Even the once-troubled euro last week closed at a healthy 92 US cents, almost 10 percent up on its all-time low in October 2000.

Some European central banks are already having to cut interest rates to stem a rush of abandoning the US dollar into their currencies. Part of the problem is that the US economic recovery post 9/11 is an artificially engineered one, and one fueled largely by a flood of foreign funds — currently about $400 billion a year, and projected to rise to a staggering $800 billion a year within four years, if the dollar does not fall. America in a nutshell is living beyond its means. It is spending more than it is saving, and borrowing the balance from abroad.

Various economists over the last few decades, following the Bretton Woods agreement after the World War II and the abandonment of the gold standard, have hankered romantically for a return to a new gold standard or its 21st century equivalent. Is Dr. Mahathir’s call for an Islamic gold dinar unit of currency a mere coincidence, in this respect?

It certainly is not a new idea. Several Muslim economists and prominent Shariah compliance experts have called for such a unit of currency in the past or some sort of return to a gold standard.

In fact, the Islamic dinar does already exist as the unit of currency of the Islamic Development Bank (IDB). But the IDB’s dinar is also indirectly pegged to the US dollar, because one Islamic dinar is equivalent to one special drawing rights (SDR) of the International Monetary Fund (IMF), which needless to say, is quoted in the US dollar. As such the US dollar remains the de facto unit of currency of the IDB even if its accounts and internal accounting is presented in Islamic dinars.

How pragmatic or efficacious is Dr. Mahathir’s suggestion for the establishment of the Islamic dinar?

Malaysia in terms of innovating payments arrangements between developing countries, has set some notable precedents. It was Dr. Mahathir’s current economic adviser, Tan Sri Nor Mohammed Yakcop, also the architect of Malaysia’s Islamic banking system, who pioneered the bilateral payments arrangement (BPA), whereby Malaysia could settle its trading accounts with individual emerging countries such as Chile, Algeria, and Iran, through the two respective central banks, without the involvement of costly correspondent banks in London, New York or Frankfurt. The two countries would allocate a small group of banks in their respective countries to handle the trade transactions which would then be settled between the two central banks on an annual basis.

When Yakcop suggested to expand the BPA into a multilateral payments arrangement (MPA), which was due to be discussed at the Group of 77 developing countries summit in New Delhi in the mid-1990s, it was the mighty IMF that intervened and warned Malaysia that any adoption of the MPA would constitute a contravention of IMF membership rules. The Fund swiftly dispatched a delegation to Kuala Lumpur to press home the implicit threat, and the suggestion never made it on to the G-77 agenda.

Tan Sri Nor never could hide his disappointment over the sidelining of the MPA. Today, he is spearheading an urgent review of Malaysia’s serious corporate debt restructuring situation.

As to the pragmatism or efficacy of the Mahathir suggestion, it is highly unlikely that an Islamic dinar unit of exchange between Muslim countries would take off, at least under present circumstances. Economic disparities; lack of capital markets formation; weak currencies; lack of economic liberalization and reforms; lack of political consensus and unity amongst the Muslim countries; dependence on primary commodities such as oil, gas, palm oil, rice, tea, etc. – these are all factors that would seriously delay any successful implementation of an Islamic dinar unit of exchange.


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#65 Posted by SR on November 23, 2002 11:45:51 am
Re: #62 by dullabhatti
...home prices (and/or rents) have gone up for most (say 80 to 90%) of them in any given 15 yr period in the last 100 years. 2 or 3 yrs in real property is like 1 week in Stock market.


An insect living on the bark of a tree with a life span of five days, is quite oblivious to the reality of the four seasons. To him the tree bark is an immutable reality.

On the economic and historical landscape we live and percieve reality as does the tree moth. And rightly so!! Why should I care if trends were entirely different a hundred years ago? But the trouble is many things happen in cycles and very similar themes. Economic history can sometimes give us perspective. Most of us have only seen the inflationary age of the post 1971 ``free floating`` paper money era in which the population mushroomed and became extremely mobile and housing prices mostly increased, at least to keep pace with inflation.

But these are just common trends we have become used to and accept as immutable. They are not. What happens in 20 years, few can predict. What happens in hundred years, few can even imagine. But one can imagine all sorts of changes in the landscape, any of which could play a role in the evolution of factors that shape future reality.

(i) The world could experience a massive wave of depopulation in this century due to diseases, hunger and war. (ii) The entire monetary system may change to something quite unlike what we have today. (iii) Nuclear fusion could become a reality and energy problems could vanish, taking with them any notion of world-wide fresh-water shortage. (iv) Women could become even more interested in sex than are men (that could be particularly nice!!).

The whole trouble with making forward projections by extrapolating from the past is that we can only do so by linear forcasting, but the future hardly ever follows a linear course. Its like driving forward in the dark by looking into the well light rear-view mirror.

Two or three years, at a critical juncture of history, can make all the difference in the world when it comes to most things (including property values). A week, if its a critical week, can have a profound impact on the stock market. As for the long run? Well, we are all going to be dead --and that is the one absolute.

...whether Islamic banking is good or not ... people seem to believe as if non-muslim world is trying to make it fail (like many other Islamic things)... God did not tell us any of that..what he told us was to go and sit under a tree ...

That tree was in the Garden of Eden and when he evicted us from that prime property and landed us on this rough and inhospitable spot he promised to send a detailed ``instruction manuel`` soon.

Then he kept sending dibs and drabs of the manuel that kept being mis-read and misunderstood. Somehow he never sent a xerox copy of the haquiki, i.e. the original but instead had it read to somebody, usually a middle aged guy somewhere alone in a desert or on a mountain, who in turn came and reported to his friends and family, who told it to others, who later decided to write some of it down, some of which got changed and some got lost.

I have total faith in the absolute, complete and final truth of the Word of God, but only in that original copy which is preserved in Paradise (presumably on solid-state media, or at least, on microfische). What survives and has been passed down to us is, if not a fake, at best incomplete and contaminated.


Re: #61 by tahmed32

[``...it is appropriate to question ... unsound practices simply because someone attached the ``islamic`` prefix ... proponents of ``islamic`` everything have extended this prefix ... to economics ... politics ... science ... keeps you ignorant... ruins nations and people. ...``]


We couldn`t agree more. However, you forgot to mention the ``jinn power research project`` which could have solved the energy crisis :-)

What does any of this have to do with Islamic Banking? Islamic what? Ah, and I thought all along we were talking about ``Baking``. Now that is a subject we could really have a discussion about, beginning by comparing the differences between a halal oven design and a makru oven design.

Re: PM Thank you for asking. I didn`t go anywhere. As a matter of fact I was here all the time. But then, my `here` is out there for you and vice versa.

...SR
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#64 Posted by tahmed32 on November 22, 2002 9:40:45 pm
afsand #63 I think we just had an ijma on this board :-).
More seriously, as far as the religious aspect goes, it isnt rocket science - it is for each individual to decide for himself what the concept of riba means in light of the overall message that comes across in reading the Quran. I have already decided: it means dont take advantage of someone`s cash flow problems by charging him an outrageous amount. Since I dont lend people money on interest, and since I put my cash funds in regular bank accounts whose on-lending charges kept within reason by the marketplace, the entire issue is irrelevant as far as I am concerned.
The RELEVANT ECONOMIC ISSUES that are also to be found in the Quran are never mentioned by the proponents of islamic banking - the Quran also says to be honest in your business dealings; it also says to be true to your word; it also says to put your business deals in writing where possible. Such guidelines dont need scholars or rocket scientists to discuss in an ijma till the cows come home. They simply need individuals willing to ACT on them. My family has had some experience in dealings with the Saudis when they rented a house from us in Islamabad - I recall my late father getting totally frustrated trying to get them to pay rent, and myself heard him inform the Saudi official over the phone once that while they may call themselves an islamic kingdom their actions were anything but. I know what he meant, but i doubt if the saudi really knew (since honesty in business dealings is not an issue that concerns these proponents of islam).
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#63 Posted by asfand on November 22, 2002 1:31:26 pm
Reply to Tahmad and the folks in this discussion group

In my opinion there is a great need for Ijma on this issue. Currently there is not even a clear definition of Riba. Riba is generally translated as interest but the real definition will only be defined by a through and exhaustive discussion between religious scholars and economic experts.

Most of the financial instruments we see today are generally looked upon as “haram-e-mutlaq” by most of the Islamic Scholars. But in the absence of a clear definition of Riba, how can someone pass a judgment on various financial instruments.


As far as Islamic home loans go, we have yet to see if it can create a market of its own. Currently in USA it is a niche market with lot of die-hard fans just like Macintosh computers. Paying more for a loan does not count as long as you are following Allah. So in a nutshell it is the peace of mind that counts.

Just to add to price variations in USA home market. I live is Sacramento CA where prices have fluctuated 30 percent +/- in last 15 years. Prices went down 30 percent in 1994 compared to 1991 prices. Lately they have gone back to pre 1991 levels.


Asfand Siddiqui
Sacramento CA
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#62 Posted by dullabhatti on November 22, 2002 10:18:35 am
SR: You are correct about Japan and I am sure there are some other examples too although my challenge was more rhetorical. You will agree that 5 billion people living in houses today, out of 7 billion on earth,(crude guesstimates) home prices(and/or rents) have gone up for most(say 80 to 90%) of them in any given 15 yr period in the last 100 years. 2 or 3 yrs in real property is like 1 week in Stock market. Anyone who buys real property, particularly residential housing, to make quick money in 2 or 3 years deserves his home price cut in half.

Having said that, I have no interest in whether Islamic banking is good or not or whether it will succeed or not. Some people seem to believe as if non-muslim world is trying to make it fail(like many other Islamic things)...fact is there are many Islamic type banks in the West who are allowed to do business like other banks do. The ultimate test will be whether they succeed in attracting enough customers to be a viable alternative. As a customer I don`t see any benefit right now...if they can prove that I can save more money with them than the traditional banks, hey I will be first to dump Bank of America...but don`t expect people to invest in them because God told us to do so. God did not tell us any of that..what he told us was to go and sit under a tree and remember him and thank him for the falling jamuns....ok that was our God who told that...but you get my point anyway.:-)
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#61 Posted by tahmed32 on November 22, 2002 6:59:43 am
sr #60 I believe the real estate market in Houston collapsed in the mid-1980`s due to the downfall of oil companies brought about by the breakup of the OPEC cartel. And no doubt billions were lost by small investors in the S&L scandal in the US some years ago, as well as in Pakistan where the savings cooperative caused small investors to lose crores. The 1997 financial collapse of the Far East miracle (brought about by poor lending practices of local banks as well as the euphoria of global investors) is another major example. Japanese banks, which at one time dominated the top ten list of the world`s largest banks are still sitting on oodles of non-performing assets a decade after the Japanese economy went South. The list goes on, and far be it for me to claim that modern financial systems are exactly where we want them to be.
HOWEVER, having said all that, many important lessons have been learnt as well along the way and gradually the wild horse of modern finance is being brought to heel (to mix metaphors with what one teaches domesticated dogs, but what the heck this is chowk and anything for a laugh). And one important lesson is: financial systems are enormous and complex, and one needs to be practical and down to earth in terms of how one deals with them. And being practical means not confusing things with dogmatic notions of how God wants the system to work. God is not a micromanager, and all He cares about is whether you use your God given mind to think logically and your God given heart to be concerned about the well being of your community. Neither the requirements of God nor the requirements of well managed financial systems is apparent in listening to the proponents of Islamic banking. That is why I do think it is appropriate to question the unquestioning acceptance of accepting unsound practices simply because someone attached the ``islamic`` prefix to them. Some extreme proponents of ``islamic`` everything have extended this prefix not just to economics or politics but to science as well (with one person having computed the speed of heaven). Bad science simply keeps you ignorant. Bad finance ruins nations and people, as has already happened in Pakistan where investment is at a standstill in large part due to uncertainties created by talk of islamic this and islamic that.
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#60 Posted by PM on November 22, 2002 6:18:01 am
Tahmed #various (up to #27),
Cool down, bhai sahib. Not everything prefixed by `Islamic` is doomed to ruin, though I can sympathize with your concern, based on various Islamic experimentation in the IRP.
Now, is just me the novice or are the mark-up and Morabaha schemes just that-- clever SCHEMES that try to technically stick to the letter while offending the spirit? It would seem that something along the lines of Mushraika is the only (mentioned) device that is in keeping with the spirit of Islamic banking, viz, the sharing of risk and the elimination of the `` moral travesty`` of interest. (Though, personally, I find nothing morally offensive in expecting a fixed payoff for taking the risk of lending what might be my hard-earned fortune to. IMHO, it becomes an issue only when (a) the lent monies are not hard-earned, and/or (b) the fixed payoff, i.e, interest rate is exploitaively high-- an issue on its own!)
Further, Mr. Ahmed, you may be right that the Shariat Courts in Paksitan are a travesty and indeed a blot on the good name of Islam, but it can compellingly be argued that bad neeyat is more to blame (Yes, there is a case to be made for any project beginning with `Islamic` to be deferred until the neeyat issue is (re)solved! :) )
My aunt and uncle in the US lost almost all their savings and have had to defer retirement plans due to the fudging of profit figures in some corporate quarters. Should we declare Western investment models a travesty? Or should regulation be tightened. Is it even possible? Who watches the watchers? And who watches them? In the end, isn`t it mostly a matter of neeyat?
Banker, #various, and FJ #27, Thanks for the informative links. Looks like I`ve got my weekend reading cut out. :)
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#59 Posted by PM on November 22, 2002 6:18:01 am
Have just read up to #45 in the replies. This issue was brought up, if memory serves, about a year and a half ago, but ran amuck with the interjections of some bad spirits-- myself included. Speaking of which, :) where have all the Indian interactors gone?? This time `round there actually seem credible voices on the side of Islamic finance, and, quite incredibly, many an open ear on the other side. Perhaps the recent corporate scandals in the US have hit some interactors too close to home for comfort?
For what it`s worth, allow me to produce what I`ve learnt from the discussion thus far, as well as some thoughts of my own:
There is consensus that a more equitable alternative to the greed-driven runaway-interest based financing modes as presumably originated in the West. (There is no reason to equate this capitalism, per se).
Islamic financing is seen as an a viable alternative. But Islamic banking may not be a totally revolutionary concept. It is, in fact, no more intrinsically Islamic than Christian love is the exclusive domain of Christians. (So relax, Mr. TAhmed! :) )
The two broadly differing motivations to introduce Islamic banking are:
(a) it is ``Islamic`` and so must be better, in which case Islamising banking is so much a matter of fudging with the language and mode of operation, while the essense of the whole idea is neglected. Rafay sahib points out that Islamic banking, like Soical is a great idea but needs widespread usage for its success. I have no pretence to either islamic or financing scholarship, but it should be clear enough that Islamic banking is but a part, that needs implementation in spirit more than letter, of the whole concept of the just and equitable Islamic society. And it may not be a substantial enough part to determine the direction the whole takes.
(b) the present system is perceived as inequitable (having nothing to do with its ostensible `Western` origins). In this sense, many Westerners, including atheists such as Bertrand Russell have advocated what amounts to Islamic financing.
-----------------------
It is interesting that the highest Sunni authority has recently declared fixed interest to be kosher. I think it fair to say that most of us perceive the very lending of monies represents a risk, for which some reward may be justifiably accrued. In considering the traditional legalistic Islamic opposition to such interest-taking, it would be invaluable to look at how cash was viewed in the seventh-ninth centuries AD and see if there was a difference from how it is nowadays. Someone said something about it not having intrinsic value back then. Surely, such a fundamental change necissitates some fundamental reframing of the law, staying withing the spirit in which it was originally formulated.
This need not be just a matter of calling a whorehouse a house Mut`aa.
PM.
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#58 Posted by PM on November 22, 2002 6:18:01 am
Good to see ya back here Sohail! Here`s some thought-food for the `deep-down` idealist in you: Believing is Seeing. (I think it`s Gandhi, though I may be wrong).
Have just read your reply on ‘fiat money’— cursorily. Looks like we might be on to something here...
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#57 Posted by PM on November 22, 2002 6:18:01 am
Hey Sohail! Good to see ya back here-- and with a vengeance too! Just read - cursorily - your post on fiat money. hmmm.. might be on to something critical there.
Stay safe and happy, bud!
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#56 Posted by SR on November 22, 2002 6:18:01 am
Re: #53 by dullabhatti on November 21, 2002 3:28pm PT

Please list 3 liveable places in the world(except Afghanistan) where home/real property prices(total market value) has gone down over a continuous 15 yr period.


First, Japan. From what I have read, since I don`t live there myself, many places in Japan have seen an erosion of real estate prices. If you bought at the peak in Tokyo, and paid $100, today your property could sell for anywhere between $40 to $60.

As for two more examples, we could probably find them somewhere but I`ve not done the research. Fifteen ``continuous`` years is going to be a problem. If you only look for shorter periods, say two to five year stretches, we see many examples.

Argentina is presently a huge bargain. In the past, likewise, if you were to see it from an international buyer`s perspective, as a result of exchange rate fluctuations, over the last two decades, Brazil, Mexico, Nicragua, Bolevia, Indonesia, Thailand, Turkey, Poland and Russia, just to name a few, have seen similar erosion of real estate values for various lengths of time.

...SR
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#55 Posted by sac on November 22, 2002 6:18:00 am
re asfand #52:

Its sad to see so many bright and young Muslim men and women waste their intellectual energies going after the quackery of the bygone ages in the name of Islamic finance.

Your example rests on the assumption that the seller or lender in the first half has a riskless transaction. That is plain wrong. The expected life of the loan is 15 years but the buyer has the option to pay it off in full at any time(that is how most mortgages work these days). In industry parlance this is called `prepayment risk`. Without going into too much details, I`ll simplify. Suppose a widow has put all her life savings of a million rupees in Defence savings bonds which promise her a `profit` of 10% annually for 15 years. After only one year the bank(the buyer) decides to return the widow the entire million rupees. The widow protests that she is not interested in a million, she wants 100000 for the next 15 years and then the principal. The bank tells her that they can take the money back but they`ll only pay her 9%(which is the prevailing profit/loss sharing rate). What can the widow do? Not much.

Now granted I`ve oversimplified the example but you get the picture. The lender expects payments for 15 years, when it gets its money back earlier(or later) than he expects he takes a hit. What direction the hit goes is too complex to explain here.

later
-sac
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#54 Posted by tahmed32 on November 21, 2002 11:30:30 pm
asfand #52 and dulla bhatti #53 I think afsand sahib that you provide numbers but the substance of your argument lies in the ``consolation`` a buyer can get by watching renters suffer from the same misery as he is from his installment increases. (I thought good muslims did not get consolation from watching other people suffer too, incidentally). dulla bhatti, on the other hand, demonstrates how a borrower on fixed interest mortgage avoids the need for such consolation in the first place.
The unavoidable fact is: if islamic banking is so good, why are hindus and jews (who are supposedly well-versed in financial matters) not coming into islamic banks (with tasbih in hand and pretending to be muslims), in order to enjoy the benefits being offered by the good islamic bankers? I am saying this jokingly, not being cynical, but I think you will agree that this is something worth thinking about. I am not questioning that for some people under some circumstances, mortgage tied to prevailing rents may be beneficial, but in general that is not true as is easy to see. Financial markets are very creative, and there is a lending instrument tailored to every need. Islamic banking has definitely not passed the market test (and no wonder the religious parties are trying to get it imposed on the ``hostage nation`` of Pakistan).
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#53 Posted by dullabhatti on November 21, 2002 3:28:11 pm
afsand #52

Please list 3 liveable places in the world(except Afghanistan) where home/real property prices(total market value) has gone down over a continuous 15 yr period.

In your second example: suppose the market rent average is $500/month for a $100,000 home...that is a lower end estimate. So you start paying $944[500 + (80,000/180 = 444)] monthly. Now if the home prices go down so does the rent..suppose after 2 yrs rent is only $400(now you pay $844/month)....in another 3 years rent goes another $100 down(now oyu pay $744/mont)..[at this point normal human being will move out of that area but suppose our tenent runs a halaal grocery and he decides to stick around]...now suppose economy picked up and rent is back to $500 after another 3 yrs..and then $600 for the remaining of the 7 years.

Here is your total payout:

Down Paymnt = $20000
2*12*944 = $22656
3*12*844 = $30384
3*12*744 = $26784
7*12*600 = $87696
------------------------
Total = $187520
-----------------------------

You lose interest on your equity in both cases. So lets ignore that.[although in the second case our tenent owner should not be expecting interest on his equity because of the nature of transation].

so at end you are going to pay more in second case($187520) than the first($149430)....and own the same house..whatever worth it is at the end of 15 yrs ago.
Suppose the rent stays low and goes as low as $300/month after 2 yrs for the next 13 yrs. in that case you still pay(2*12*944 + 13*12*744) = 22656 + 116064 +20000 = $158,720.

Bottom line....Home loaning system in USA with interest paid on your primary residence is tax deductible is the best way to own home anywhere in the world that I know of.
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#52 Posted by asfand on November 21, 2002 2:15:20 pm
Reply to tahmad32

Post # 42

Let me point out the differences between an interest based house purchase and a Islamic loan based house purchase.

Interest based house purchase.

Lets assume

House market price: $100,000
Amount financed: $80,000
Amount put down as down payment: $20,000
Loan rate 7 Percent
Loan term 15 years

Fixed payment for next 30 years is $719.06

Total payments in 30 years = 719.06*12*30 = $129430.80

Total house cost = 129430.80+ 20000 = $149430.80

The above price is irrespective of the house price or rent going up or down in the market.

If the house price goes up you end up with high equity and if house price goes down you loose but that’s only if you sell the house. Also if the house price goes down you end up making higher payments for the house (since your loan was based on a higher price) as compared to someone how bought the house when market is low (since his loan will be based on a lower price).

The point is that there is no protection for the buyer. Once the buyer takes the loan he is signing a contract for next 30 or 15 years and the payment cannot be changed even if the price of the house goes down. Lender on the other hand is completely protected regardless of the market condition.

Islamic Finance

Lets assume

House market price: $100,000
Amount financed: $80,000
Amount put down as down payment: $20,000
Loan term 15 years

Payment in this case will be equal to the prevailing rent plus 180 equal payments of loaned amount that is $80,000 in this case.

It is difficult to compute the payment as rent depends on the location.

Look at the beauty of this agreement. This agreement protects both buyer and the lender.

If the rents go up so does the payment. So the lender has the consolation that he is getting fair share on his investment. For buyer in this case the consolation is that the house equity is going up as rents and house prices goes up and down simultaneously.

Also, if the rent goes down so does the payment. In this case the buyer has consolation that his payment is accordingly gone down based on the prevailing market rates and the lender has the consolation that his investment is secured by the house price set at the time of sale which was higher when the house was sold.

Rents are evaluated every three years based on the locality and the payments are recomputed based on the prevailing rents.

These contracts are not half-baked ideas. There are many banks in USA who are providing these types of loans.

Also at least in USA prices of the houses and rents do go up and down. I have personal experience on this issue. I can even provide you data to prove my point.

For your last argument about the people buying homes so that they have a secure place to live when they are old does not make sense al together. In a country where one can get loan to buy a house generally gets a loan when he is young and he has enough number of years left in his life to pay for his house. So if the price do goes up so as his salary. He would not feel the pinch. I do not think a bank will give a 30-year loan to a person who is already 60 years of age. In a nut shell people tries to payoff their loans while they are still working.



House Market price: $100,000
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#51 Posted by rafay_alam on November 21, 2002 9:19:21 am
As far as I know, Islam sees money as existing alongwith a correspondening amount of tangible wealth. So, for example, if I have Rs. 1m, I should be able to show this in some tangible form, say, a car. There is no problem in Islam with this, as long as your tangible wealth is not excessive (in that is deprives the needy of their fair share). Parenthetically, this could also be the motive for why Arabs are so, erm..., gaudy sometimes (advance aplogies for offending anyone).

Anyway, Riba is unaacounted for wealth. If I lend Rs. 1m for a year, and get Rs. 1.5m back, the I have no corresponding ``wealth`` to show for the extra Rs. O.5m. This, as I have pointed out earlier, is because Islam does not recognize money as having its own intrinsic value: it is merely relfective of the television you have at home.

It was to eliminate unearned money that Riba was outlawed. People should be encouraged to work, to trade for their money. If they do, then the profit they earn from that is reflected tangibly elsewhere, and all is good and legal.

Rafay
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#50 Posted by SR on November 21, 2002 7:15:06 am
Re: #46 Urstruly [“…It is interesting to see how holywood has become our moral guide. Spartacus......classical example. What do you think about the gladiator.....with so much ketchup and severed heads it just couldn`t rival spartacus...”]

Let us not elevate Hollywood to any lofty status. That is pure entertainment. Unfortunately, I m not well schooled in the science fantasy literature, including the Star Wars saga, so I cannot comment on those references.

My reference to Spartacus was as a symbol of revolt, albeit a futile revolt, against the existing world power structure (economic and military).

Unlike the fictitious Hollywood super-hero Maximus, played by Russell Crowe in the movie Gladiator, Spartacus was a real historical figure and not just Kirk Douglas` character in the classic movie.

About a hundred twenty five years after the Third Punic War (when Scippio Africanus finally destroyed Hannibal along with Carthage), Rome faced another serious challenge. This time it was the slaves that revolted against the injustice and cruelty. Led by a gladiator, Spartacus, the ‘slave army’ had initial success but they were destroyed in 71 BC by the Roman legions under the command of Marcus Crassus. Young Julius Caesar was a tribune serving under Crassus during that final campaign.

The allusion seemed appropriate under this article because Crassus, at the time, was not only the richest man in Rome, he was also the leading banker and had a vast loan sharking network. (The Romans were a bit more honest than we are today, because they didn`t hide their true motives behind superficial niceties.)

The subject at hand was not merely banking and interest any more, but had evolved into the metaphysical realm of social and ethical values. The similarities between today’s world financial and military power structure and those of ancient Rome are stunningly compelling.

The United States is the unparalleled world power today, as was Rome then. Exploitation of the many for the aggrandizement of the few are also common themes (as, indeed, they would be true for any imperial power) as are many of the institutional structures. Money ruled the Roman world and wealth distribution was extremely skewed. Sounds familiar?

As for Gladiator, the movie, I thought their depiction of the Roman army encampments, the Coliseum and the Forum Romanum were superb. The details of costume, weaponry, street life, etc were all faithful to the tee. The story, of course, was entirely bogus.



Re: sac, [ “…How long have you been married…?”]

Off and on (mostly off), for the last 22 plus years, and not always to the same person. ;-)

…SR
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#49 Posted by SR on November 21, 2002 7:15:06 am
There is one significant facet of this whole debate about Islamic finance that no one has brought up so far. It appears that we are all so wrapped up in our present-day mind set that we overlook a detail of great importance.

That details is the nature and manifestation of money itself. We live and operate in the world of FIAT MONEY. That is where the value of currency is regulated by a state authority. Today money is mostly electronic or paper. Back in the simpler and purer times of the Prophet the measure of ‘money’ was either precious metals or what we would today call a “basket of commodities.” No state authority can issue a fiat to regulate the supply of money when it is not based on fiat to begin with.

Consider this:

Translated from the ``Al-Fath Al-`Ali Al-Maliki`` pp. 164-165

``This Fatwa considers paper-money to be fulus, because it only represents money and does not have value as merchandise. It follows that since Zakat cannot be paid in fulus, which has no value as merchandise, it cannot be paid in paper-money, because its value as weight of paper is null. On this basis, it becomes clear the urgent need to restore the use of the Dinar and the Dirham as payment of Zakat.

If the millions of Muslims who now make their payment of Zakat in paper money would do it in newly minted Dinars and Dirhams, they will put in circulation millions of gold and silver coins into the mainstream of daily commercial activities of our communities. That single act will became the most important political act of the century, opening the path towards the establishment our own halal free currency breaking away from the usurious financial system.

The return to the payment of zakat in gold and silver is an essential part of the reestablishment of Islamic system.``



As one who, in recent years, has become is an ardent critic of the post Breton-Woods “free floating”