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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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