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May 20, 2006

Islamic Finance - Scholar Shortages

Some weeks ago one of your fine 'Aqoul authors raised the issue of Islamic finance, and its present situation.

While perhaps less sexy than the faux-reports of Iranian Nazi-esque clothing restrictions on minorities, understanding a bit about economic developments in the region is more useful to readers wanting to actually have a sense of MENA developments (as opposed to merely whanking on in general ignorance about the horrors of the Arab world, etc), and The Financial Times has been running quite a number of interesting articles on the region - well actually about the Gulf, but the confusion of Gulf with all of MENA/Arab world is so general I almost cannot complain.

The Financial Times arty reports an apparent shortage of 'properly' trained Islamic scholars to meet the needs of the explosion of 'Islamic' products in finance as the Gulf region is flooded with hydrocarbons cash: Banks seek Islamic scholars versed in finance.

Before taking a closer look at the article, let me make a few observations. First, I am no expert in Islamic finance per se, although one doesn't work in the region and in finance as I do without acquiring an acquaintance with it. Second, readers should understand that "Islamic Finance" per se is not the dominant form in the region (although in Gulf it is growing). Most banking actually is organised along 'Western' lines, as is most financing generally. Third, while a number of ostentatiously pious Muslims claim traditional finance (as opposed to 'Islamic Finance' - a creation of the 1960s at its roots) is un-Islamic, that is hardly the only point of view, and there are quite substantial questions with respect to the real difference between the ostentatious and ostensible piety of supposed 'Islamic Finance' instruments, and traditional financing instruments. There is of course no question that the Quran (wisely) prohibited exploitive financing arrangements, but there is certainly an open question whether the self-serving and tortured legalisms of the "Islamic Finance" promoters is required (although my mercenary commercial side says, if customers are stupid enough to want to pay more for exactly the same product wrapped up in another wrapper, then fucking sell it to them).

This being the baseline, a few words on the arty:

First, the premise:

A talent war for financially-literate Islamic scholars has erupted as Western investment bankers rush to sell their services to devout Muslims.

While I am going to question a few items in this article, and given the lack of transparency in the region (esp. the Gulf, with its endless puffery and exaggeration) it is hard to know what is 'really' happening, I have no doubt there is a talent war on. Liquidity in the Gulf is at crazy levels, with cash sloshing in from high hydrocarbon prices, and the bees are buzzing about the honeypots.

Further, given the state of Islamic education, in my experience, there is to begin with a very limited pool of scholars/graduates with any kind of education in Islam that is also grounded in some genuine engagement with the modern world (a la Tariq Ramadan, who despite the slimey attacks on his character by Islamophobes on the American Bolshy Right, is an interesting and modern thinker although I am not necessarily fond of his thinking per se). That presents a huge problem generally in finding someone trained in Islamic issues that has a real capacity to engage in an intelligent and balanced manner various modern issues like technology, or economics. Sadly, most students going into Islamic studies are either fourth raters who can't hack other studies, rural gits with no experience and background in anything and who know no better re economic opportunities, or the ostentatiously pious. Exceptions of course exist.

Add to this the fairly poor state of education in matters economic generally speaking the region, with still far, far too much influence of statist, quasi-socialist approaches to economics.

End product, a very thin resource base of people well-trained in economics and finance period, never mind with a real sense modern developments coupled with religious training.

Leading banks are scrambling to find Islamic experts who can issue religious edicts (fatwas) approving new financial products, such as “Islamic” bonds, hedge funds or loans.

Let me say the very fact that one has "Islamic Hedge Funds" is an indication that the Islamic Finance as a seperate industry and set of activities supposedly different from normal finance is something of a facade. As a personal opinion, I can see taking a 'Halal' position on some kinds of transactions and instruments, but the supposed specifically "Islamic" industry with a real "fundamental" difference from normal finance in my professional opinion is largely a sham.

At present, devout Muslims will only buy such instruments if a recognized sharia scholar, such as a mullah, has issued a fatwa to approve it. That is because many Muslims consider usury (riba) a sin – and will only invest in products structured to avoid interest payments.

This requires a comment: plenty of devout Muslims don't give a fig for the trumped up pimpery of "Sharia Scholars" - or let me put this less pejoratively, plenty of devout Muslims (including my own colleagues in finance, JV partner, family, etc) do not interpret the Quranic injunctions against exploitive financing as barring reasonable recourse to efficient, properly regulated bank and financing arrangements and are not frightened by the fact they first were developed in the West.

Of course, a significant number of devout Muslims (as well as the ostentatiously pious posers) especially in the Gulf are taken with such interpretation.

My core point is "devout" as used there rather incorrectly brands a large swath of practising and in general matters, devout Muslims, with the brand of impiety for the mere fact of a difference of opinion. Very Wahhabite, that position, and unsurprisingly the opinion is most prevalent in its native homeland in the Gulf.

However, there are very few Islamic scholars who command enough religious respect to issue fatwas, understand the complexities of global structured financial products – and speak good enough English to read the necessary market documentation.

The English part is unnecessary and a bit of London navel gazing to be frank, but as to the very few part understanding finance, etc, yes.

Few of course being an euphamism for "approaching zero"

Of course the respect and understanding parts, in my opinion, come second to "willing to do business"

That, coupled with the fact that investment bankers are rushing to expand their business in the Middle East amid an oil price boom, has triggered heated competition for shariah advice.

“There is a real shortage,” says Humayon Dar, managing director of the Dar Al Istithmar insitute, a London-based shariah consultancy. “There are perhaps 150 [such scholars] worldwide who are involved with Islamic finance but only 20 are internationally recognized.”

Farmida Bi, a partner at the Denton Wilde Sapte law firm, adds: “It’s hard to get hold of them and their fees are getting higher. They are in such short supply that they keep whizzing round the world in planes.”

The core issue being of course, coming up with the nit-picking lawyerly convolutions that magically transform Wahhabite Haram into Wahhabite Halal.

Spirit and plain common sense taking distant back seats to soulless legalistic nitpicking and obsession over form to the exclusion of spirit.

Very Wahhabite in the end.

The fees charged for shariah advice are a closely guarded secret, and much of what is received is reportedly paid to charity. However some investment banks say they have paid up to $500,000 for advice on large capital markets transactions, a dramatic increase from the levels seen a few years ago.

Rendering the Islamic products even more expensive and inefficient.

But what the hell, the neo-Salafi and Wahhabite whankers who are so in love with promoting such don't give a fuck about sense or seeing the Islamic world efficiently prosper. Nope, it's all about worshipping at the alter of frozen legalisms based on the diefication of ancient norms, not a sensible rational approach....

Well, let me leave aside my personal annoyance, and merely note that the escalating fees are something that is going to render "Islamic Finance" TM out of the range of the non-Gulfies - except for those willing to suck up punishing fees.

Some banks such as HSBC and Citigroup have created fully-fledged, independent “shariah advisory” boards of Islamic scholars to offer advice, while others, such as Barclays Capital, hire scholars on an ad-hoc basis.

Meanwhile, Deutsche Bank is a majority shareholder of the Dar Al Istihmar shariah consultancy, which is launching the world’s first dedicated training programme to create financially qualfied Islamic scholars.

But this is unlikely to address the supply-demand imbalance soon, given the speed at which the sector is growing. At present the total value of the Islamic finance business is estimated to be around $200bn...

Well, I suspect Deutsche Bank is making a smart move that will prove profitable as long as the Oil Boom II continues.

Posted by The Lounsbury at May 20, 2006 10:31 PM
Filed Under: Economic Development , Economic Policy , Gulf , Islam General , MENA Region General , Op-Ed

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Comments

ya abu l-maal,

dammit - i KNEW i should've gone into law & finance! ah ... the sins of our youth come back to haunt us ...

--raf*

Posted by: raf* at May 21, 2006 08:39 AM

Doesn't the exalted Amr Khaled serve as a freelance advisor for Islamic banking? Do you suppose the natty suit-wearing new televangelists have a jump on the old shaykhs in this regard?

Posted by: SP at May 21, 2006 09:30 AM

dear sp,

amr khaled is a trained accountant. but i think he is used mainly to sell products to customers, i.e. if he says a certain bank's "islamic finance" products are alright then lots of his followers will chose that particular bank for their "islamic" transactions.

so - it's a very "amr khaled"-specific situation to have someone with a credible technocratic background and "islamic" credentials.

but he is no trained faqih/'aalim, so he cannot, for example give fatwas on certain practices or businesses.

--raf*

Posted by: raf* at May 21, 2006 01:36 PM

Ah yes, I had forgotten the accountant bit...makes sense. Thanks!

The Saudis must be proficient in rationalizing interest and profit in Islamic ways, no? With their stockmarket and investments in US bonds? I know precious little about finance so perhaps someone can enlighten.

Posted by: SP at May 21, 2006 03:25 PM

Raf,

but he is no trained faqih/'aalim, so he cannot, for example give fatwas on certain practices or businesses

Yet he's got an audience who'd follow his words like those of no faqih, and who doesn't care about his formal training. I dislike Amr Khaled, but he's a living proof that even in Sunni Islam, you don't need formal training to have your opinions taken seriously, n'en déplaise to the traditionalists. The khilafa is no more, so you don't need any formal background to have some state endorse your fatwas anymore. Your fatwas are just as good as your ability to sell them.

L,

However some investment banks say they have paid up to $500,000 for advice

Muslim scholars for hire. This aspect of the article really gave me a good laugh. I mean, telling a devout Muslim "scholar Fulan has been paid to say product Kadha is halal" would completely discredit the scholar, no matter the respect he inspired.

Posted by: Shaheen at May 21, 2006 03:47 PM

pardon my ignorance, but what exactly is the salafi perspective on fatwa giving? Does one need an education and position? Are they the same as in traditional/conservative islam? If yes, then an islamic financial education must be two times the work.

(I seem to remember that Usama bin Laden's fatwa blasting made him look laughable to the religious establishment, salafis included.)

Posted by: Klaus [TypeKey Profile Page] at May 21, 2006 04:03 PM

Well, good to see questions on something besides sex.

The Saudis must be proficient in rationalizing interest and profit in Islamic ways, no? With their stockmarket and investments in US bonds? I know precious little about finance so perhaps someone can enlighten.

Profit is not a problem in Islam, questions arise with respect to "interest" / "usury."

Well, also there is the generic moral question that any devout investor (Xian, Jewish, Muslim) may face in investing in activities said investor considers "wrong."

But that's not specifically Islamic per se, only some of the detials about what is considered wrong (e.g. a devout Jewish investor may not give a fuck about wine production, but may not wish to put his money into pig farming; the devout Muslim investor may wish to avoid alcohol production - although some devout investors may well say "I'm not engaging in sin investing in say pig production that is sold to non-[Jews/Muslims]" for example).

So, focusing on the specific Islamic problem of interest, equity investing in the US market (or European markets, etc) doesn't pose any problem at all (other than a generic problem that the religion takes a dim view of 'speculation' - but again this is generic).

Investment in traditional bonds, of course, is another matter entirely.

Insofar, however, as the Saudi system is not purely 'Islamic" but rather has traditional components - which in fact are extensive - rather clearly plenty of Saudis with money adopt a less than conservative view on financing issues.

Finally on the question "the Salafi" view on "fatwa" issuance, well, there isn't a single view. I would say that generically that it is all about demonstrating "skill" and building up a reputation. Demonstrate a command of the subject matter....

Re Osama, well such were the claims. I would take pronouncements in this area with a grain of salt, one way or the other.

Posted by: The Lounsbury at May 21, 2006 07:01 PM

Typically, you use "Wahhabi" or "ostentatiously pious" to describe basic requirements of Islam. For example, there is a consensus among scholars - both Shia and Sunni - that selling pork is prohibited. (Let me guess... you're going to respond by calling me a Wahhabi, sort of the way Zionists use the "anti-Semite" label.)

Have you defined how you use these terms anywhere? Because it's not clear what you mean by "devout", either. Your use of the word reminds me of the way the U.S. media uses it; during the coverage of King Hussein's funeral, anything that his family did was considered, by defnition, to be the mark of a "devout" Muslim.

Salafis do have a different methodology for coming up with fatwas. This is generalizing of course, but in general, and in varying degrees, they reject 1000 years of Islamic scholarship in the four madhabs and say that they can go back to the Quran and Sunnah and come up with their own fatwas.

Also, there are some Muslim societies where bright students are pushed into medicine or engineering, and studying shariah is not considered very impressive. I don't think this is so true in the Gulf, though.

Posted by: Ann [TypeKey Profile Page] at May 22, 2006 01:31 AM

"Also, there are some Muslim societies where bright students are pushed into medicine or engineering, and studying shariah is not considered very impressive. I don't think this is so true in the Gulf, though."

I don't know about kuwait, but what you describe happens in saudi. Not because of any pushing, but to study sharia one has to enroll in a sharia track in highschool. Generally speaking, those who end up in the sharia track are the ones whose grades don't qualify them for the science track. So yes I would say studying sharia is not considered impressive, not to mention that sharia graduates are more likely not to find a job or a university placing.

Those who go on to university, however, will usually work as non-science/math teachers. The other jobs available are muttawa or imams/muezzens in mosques.

Interesting filtering process.

Posted by: Ali K at May 22, 2006 02:17 AM

A question that's been occupying my mind is how the entrepeneurial spirit is in MENA. I recently read this on BBC about Turkish 'Calvinism':

http://news.bbc.co.uk/1/hi/business/4788712.stm

Is there a 'can do' attitude, or a 'can't do anything beyond a grocer'? How do the different muslim denominations factor into this?

I may be thinking about the co-existence of faith and personal profit here. Possibly some Hindu faith lines and Jainism don't like worldly wealth, passing on that attitude to their followers. In Catholic Europe, many monasteries drove businesses, usually cheese and/or wine, giving rise to the Fat Friar stereotype. And so on.

Posted by: Klaus [TypeKey Profile Page] at May 22, 2006 06:03 AM

Well, my dear little twit is back:
Typically, you use "Wahhabi" or "ostentatiously pious" to describe basic requirements of Islam. For example, there is a consensus among scholars - both Shia and Sunni - that selling pork is prohibited. (Let me guess... you're going to respond by calling me a Wahhabi, sort of the way Zionists use the "anti-Semite" label.)

No, despite your clumsy efforts to muddy the waters, there's no comparision between pork consumption and the cloudier issue of interest. Spare me in the future your strawmen.

Your basic requirements are your view as others have pointed out to you in the past by others (after which you scuttled off).

As to your idiotic and peevish little question about "definiing" terms - well idiot, I'm a businessman writing on a blog, I use devout within the scope of its ordinary English language usage, and as I lack divine insight, it's a judgment. So fuck off, I have no time for your wounded, inaccurate whinging on because your sacred oxes are gored.

As to Klaus' question, let me try to respond at some greater length. I personally (and I know Shaheen agrees) feel that there is a lot of entreprenurial energy in region, but not much infrastructure to enable.

Posted by: The Lounsbury at May 22, 2006 07:57 AM

In re Ali's note supra, So yes I would say studying sharia is not considered impressive, not to mention that sharia graduates are more likely not to find a job or a university placing.

Those who go on to university, however, will usually work as non-science/math teachers. The other jobs available are muttawa or imams/muezzens in mosques.

This is describing a general problem with respect to the rigidities in the educational systems general throughout the region. And not limited to the religious education versus not - the rigidities between the various pipelines (various ridig tracks) of study and, in my opinion, seriously debilitating and end up wasting a lot of talent.

A serious issue, really, a very serious issue.

Posted by: The Lounsbury at May 22, 2006 08:14 AM

I realize the profit-sharing vs. interest distinction is important in determining the halal, and I suppose that the intricacies of determining whether or not a particular form of investment counts as "productive" or "usurious" can be interpreted quite differently by dif fuqaha - given the complexity of contemporary financial products I have to wonder how much classic (call it salafi or the main schools or whatever you wish) fiqh can make of it.

Lounsbury, you said: "Insofar, however, as the Saudi system is not purely 'Islamic" but rather has traditional components - which in fact are extensive - rather clearly plenty of Saudis with money adopt a less than conservative view on financing issues."

I'm curious about what you are referring to as "traditional" vs "conservative."

On the question of whether or not a faqih could credibly pronounce something halal just by being paid for it, haven't the Saudi (not to mention Egyptian) clergy done some version of that for many decades now? Indirectly, of course, through sinecured government positions.

Posted by: SP at May 22, 2006 11:07 AM

Traditional is as I used it above in that post, 'Western' finance.

As to the rendering of financial products halal, the operations are largely legalistic maneuvers that essentially set up a set of sale mechanics so as to give the appearance of something the hyper-conservative types can call Halal by their lawyerly legalisms.

Insofar as one can trivially calculate rates of interest off of the structures, it quickly becomes clear that most of these products are legal prestidigitation that do nothing to change (other than increase expense) the real economic nature of the transaction.

Now, on one hand, in the real market (as opposed to here), I am all for Islamic products. They're profitable and they make the dupes for legalistic gymnastics (e.g. our convert, Ann supra) happy that they're "doing things according to Sunna."

On the other hand, the honest analytical side of me has to be blunt: it's a charade and frankly economically the Islamic world is far better off taking a rational and reasoned approach to the clear spiriti and intent of the Quranic injunctions, rather than worshipping at the alter of medieval economicly illiterate interpretations and tortured legalisms.

Posted by: The Lounsbury at May 22, 2006 12:23 PM

The scary figure one hears being bandied around the Internet is that two-thirds of Saudi PhDs are awarded for religious studies. It would be interesting to see what was examined and why.

Posted by: dubaiwalla [TypeKey Profile Page] at May 22, 2006 12:25 PM

Well, there's a serious problem generally in the region with the State institutions churning out tons of graduates with rubbish degrees, especially in Islamic studies.

Mind you, I have nothing against Uni students have Islamic studies, but in order to be useful in the world they need to have something practical as well. Sadly most Uni systems in region are "pillared"; at the BA level one only studies the 'specialisation' (whatever it is, Law, Hard Sciences, Economics, etc) and takes no courses in other areas.

Worse, in most systems by default standard entry tests scores make your Uni placement, such that e.g. that top 10 percent are put in Engineering or Medicine, next 10 percent in Economics.... etc. etc.; typically History and Islamic Studies end up with the dregs (as defined by the standard tests, which of course are problematic).

Of course, within Islamic Studies there is far too rigid quasi-medieval memorisation of now out-dated legal opinion does no one any good. It devalues the area of study (as generally speaking ambitious students don't touch Islamic studies) and tends to produce narrow-minded, back-wards looking gits utterly unprepared for the modern economy.

A thorough going make-over of the region's Uni systems to make them more market driven and above all flexible would do wonders for helping reduce unemployment by producing graduates with some meaningful skills.

Posted by: The Lounsbury at May 22, 2006 12:38 PM

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