The Financial Crisis Explained
The Financial
Institutions globally are based on riba or interest. The Central Bank lends
money to the government and other banks on interest. Thus money equals debt. In
order to pay back the debt and get a profit, banks lend their money to their
customers with a higher interest. It’s a vicious cycle.
The root cause of the
financial crisis in the USA which spilled over to the European countries in 2008
is due to excessive and impudent lending by the banks. Investment bankers
bought mortgages from banks and packaged it as Collateralized Debt Obligations
(CDOs) to be sold to investors like the Pension Funds. The CDOs were highly
rated and gained a lot of revenue. By the end of 2006,
about 55 % of the US$ 10.2 trillion mortgage loans in the U.S.A was packaged and
sold to local as well foreign markets. Since the CDOs were very successful, the
investment bankers persuaded the mortgage bankers to give more loans to the
less creditworthy home buyers called the subprime mortgage. The risk of default
of the subprime debt was passed from the mortgage originator to the ultimate
purchasers of the CDOs who were not aware of the inherent risks due to the
packaging of the CDOs. When the home buyer defaults payment, the investment
banker forecloses the house. The price of houses plummets when more houses are
foreclosed. The investment banker has worthless houses on his hands which he
cannot sell and debt to pay the mortgage bankers. Nobody wants the CDOs. The
investment banker becomes bankrupt. The mortgage bankers cannot get their money
back from the investment bankers and become bankrupt. The investors lose all
their money and the home owner owns a house that is not worth his mortgage.
It’s a vicious cycle.
The US government had
to bail out the banks by borrowing money from other countries which led to the higher
sovereign debts and started minting more money causing an inflation. With
higher debts the country has to cut down on spending and charge higher taxes.
Unemployment rate increases as cost cutting measures are taken or production is
moved to other countries with lower labor costs. The “Occupy Wall Street”
protest in New York shows the sentiments of the people who were unhappy that
the banks got a bailout but the common man continues to suffer.
A similar scenario
unfolded in Europe. The European Union consists of 23 countries that used the
Euro currency. Greece a member of the European Union was having difficulty to
pay its bills. It started to borrow more money from other member countries like
Germany, Spain and Portugal. As its sovereign debt increased with compounding
interests, Greece started defaulting payments. This in turn caused the lender
countries to borrow from other countries to make up for the default payments.
Greece could no longer borrow as no one wanted to lend it money. The country
had a liquidity crisis and riots broke out. The European Union had to step in
and bailout Greece. The member countries had to write off its debts and are
still in talks to remove Greece from the European Union as the crisis in Greece
will cause the Euro to plummet with it. The other countries significantly
affected are Ireland, Portugal, Spain and Italy.
Other countries like China, Brazil and Canada are
also badly affected by the declining value of the dollar because their economy
depends heavily on exports to the US. Many emerging market economies like
Russia, the OPEC countries and Latin America are being affected by the falling
prices of international commodities. Countries like India though not affected
badly, have faced falling stock prices. Japan is in a stage of stagflation
which is inflation and longstanding recession and heading towards a financial
crisis of its own. A crisis this big in the financial center of the world has
led to a domino effect on other countries of the world, since all nations are
part of the global market.
Could the Islamic
Financial Institution have prevented this crisis and managed it better? The
answer is a resounding YES. The Islamic finance is vehemently against the core
principle of the conventional financial system which is Interest/Riba. Money
cannot be made by simply lending money but must be made through trade as is
clearly stated in the Quran 2:275 “Trade is permitted, Riba is forbidden”.
The crisis in the US
occurred because the investment bankers thought nothing about selling the CDOs and
CDS to the investors. They thought there was no harm in selling debts, because
the risk/gamble (maisir) is taken by the investors who buy the CDOs. There are
elements of uncertainty (gharar) whether the payments for the mortgages will be
made or defaulted. There are elements of deception when the rating agency gives
a high rating to a subprime mortgage. There were no regulators to limit the
irresponsible behavior of the bankers.
The rules in Shariah
are very clear when a contract is made between the seller and the buyer. The
subject matter must be in existence. The selling price is known and the seller
is forbidden from making excessive amount of profit or taking advantage of the buyer.
There must not be any elements of gharar and all terms and conditions are
agreed upon and documented. Maisir (gambling) is clearly forbidden to Muslims,
as one party wins while
the other loses -a zero
sum game with risky
payoffs. In other words,
speculative and gambling
activities were merely shifting
the risk from one
party to another. Hence, derivatives such as CDS would have
been prohibited if Islamic finance were applied. The prohibition of riba’ in debt trading
would mean products such as CDOs would have been non-existent in the Islamic
Finance system.
Unfortunately some of
the financial products offered by Islamic Financial Institution are similar to
the conventional products that brought about the crisis. In the Ijarah
/Musyarakah Mutanaqisa sukuk structure (where asset is securitized as sukuk) ,the
sukuk is packaged like a CDO. The rating agencies are giving these sukuks good
ratings though these products were not understood.
While
the Islamic Finance Institution tries very hard to compete with the
Conventional Banking Institution in providing financial products that cater to
market needs; it also needs to make sure that the objectives of the Shariah are
kept.
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