Volume 04 Issue 12-2024
160
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
04
ISSUE
12
Pages:
160-166
OCLC
–
1368736135
A
BSTRACT
This article is dedicated to the study of the main concepts, development trends and advantages of Islamic
finance and banking. Islamic finance and banking activiti
es are managed on the basis of the Qurʻan and
hadith, and the two financial systems are compared.
K
EYWORDS
Islamic finance, Islamic banking, Mudarabah, Salam, Musharaka, Istisna, Qard Hasan.
I
NTRODUCTION
هلَحَأ َو{ هلَج َو هزَع ِ هللَّا ُل ْوَق َو
اَب ِ رلا َمهرَح َو َعْيَبْلا ُ هللَّا
}
ًة َر ِضاَح ًةَراَجِت َنوُكَت ْنَأ هلَِّإ{ ُهُل ْوَق َو
}ْمُكَنْيَب اَهَنوُريِدُت
Allah the Almighty says: "But Allah has made
trade lawful and has forbidden usury." That is, "If
there is a transaction between you in cash..."
[Surah 1, 2, verse 275.]
Religion has always been one of the factors
determining the socio-economic activity of most
people. The potential inherent in the teachings of
Islam from the end of the 20th century to the
beginning of the 21st century is slowly but surely
influencing the change in the face of the global
financial market. The activities of the Islamic
economy, the Islamic financial system (IMF),
Journal
Website:
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m/index.php/ijasr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Research Article
CHARACTERISTICS OF ISLAMIC BANKS, PROBLEMS,
DEVELOPMENT PROSPECTS
Submission Date:
December 08,
2024,
Accepted Date:
December 13, 2024,
Published Date:
December 18, 2024
Crossref doi:
https://doi.org/10.37547/ijasr-04-12-24
KHAZRATKULOV Alisher Urmanbekovich
Senior Lecturer of the Eastern University, Uzbekistan
Mumin Radzhabovich BABADZHANOV
Department of ZAKT of the International Islamic Academy of Uzbekistan, Senior Lecturer, PhD., Uzbekistan
Volume 04 Issue 12-2024
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(ISSN
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VOLUME
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OCLC
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1368736135
which is its basis, have gradually begun to
integrate into the global financial system. IMT is
regulated by Muslim law. The basis of Muslim law
is Sharia, which can be considered as a normative
universal system of social regulation. Its main
sources are the Koran and Hadith. The Koran and
Hadith provide not only the rules of worship, but
also the general rules for managing all the
activities of a Muslim person. In particular, the
general fundamental rules of Islamic finance and
banking, trade, loans, donations and doing
business in partnership are based on the
instructions of the Quran and Hadith.
The Islamic financial services market has
demonstrated steady growth and significant
development in recent years. According to data
for the period 2000-2024, the average annual
growth of global Islamic financial assets is
significant, which indicates a growing interest in
this segment of the economy. [2, 3].
This growth is due to several key factors:
−
the increasing number of Muslims and
the growing demand for Sharia-compliant
financial products and services from the growing
Muslim population worldwide;
−
expansion of the geography of Islamic
finance. Since Islamic finance was previously
mainly focused on the markets of the Persian Gulf
and Southeast Asia, it is now actively and rapidly
developing in Europe, North America, Africa and
the CIS countries (Russia, Kazakhstan, Kyrgyzstan
and Uzbekistan).
−
In order to quickly restore their
economies after the economic crisis, and support
Islamic finance from states, governments of many
countries have developed a legal framework to
create a favorable environment for Islamic
financial institutions. In particular, legislative
measures are being taken to issue sukuk (Islamic
bonds "securities") and develop Sharia banks;
−
the introduction of innovative and
Islamic finance, the introduction of digital
technology and the development of new products,
as well as Islamic fintech, helping to increase the
convenience and privacy of the market.
As any industry or activity usually develops based
on supply and demand, Islamic finance began to
develop as an alternative form of finance due to
the decline in trust in traditional finance and
banks. Traditional finance and banking systems
showed their negative sides during the global
crises.
Declining trust in traditional financial and
banking systems. The global financial crisis that
began in 2008 severely damaged trust in the US
financial system. [4]. The subprime mortgage
defaults and credit mispricings have shaken
market confidence. Large financial institutions,
such as Lehman Brothers and American
International Group (AIG), failed to repay their
loans. This event undermined confidence in the
US and the global financial system. The
government's trillion-dollar rescue plan (TARP)
helped save financial institutions, but it also
created and reinforced negative perceptions
about the weakness and mismanagement of the
financial system. [5,6,7].
In March 2023, several other banks in the United
States, including Silicon Valley Bank (SVB) and
Signature Bank, failed in a short period of time
due to liquidity problems. SVB, known for its
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clients in the technology and startup sectors, had
made risky investments with its large assets.
These events undermined confidence in smaller
banks. Although the US government, through the
FDIC (Federal Deposit Insurance Corporation),
tried to rescue SVB and Signature Bank, this also
led to increased public distrust in the banking
system.
This crisis had a major impact not only on the US
financial system, but also on the global economy,
and brought the need for reforms to the agenda.
Such crises have given a great impetus to the
development of Islamic finance and banking,
which are alternatives to the traditional financial
system.
The emergence and development of Islamic
banking. In the second half of the 20th century,
efforts began in Muslim countries to transition
from a traditional banking system to an Islamic
banking system. The first experience of an Islamic
bank in Egypt is associated with the Mit Ghamr
Savings Bank, founded in 1963. The founder and
organizer of this bank was Dr. Ahmed al-Najjar,
who studied in Germany and came up with the
idea of adapting the European cooperative
banking model to Islamic financial principles. The
success of the Mit Ghamr Savings Bank later gave
impetus to the development of Islamic financial
institutions in Egypt. In the 1970s, the number of
Islamic banks increased, and this model began to
become widely popular in Egypt and other
Muslim countries. In particular, the policies of the
then Egyptian president Anwar Sadat created a
favorable environment for the development of
Islamic financial institutions. In 1971, another
large Islamic bank, Nasr Social Bank, was
established in Egypt, which also operated on the
basis of Sharia principles. Islamic banks in Egypt
are seen as an alternative to the conventional
interest-based banking system. They aim to
ensure
fair
and
sustainable
economic
development by adhering to Sharia law. They
operate on the basis of fair profits, fair risk
sharing with customers, and social responsibility.
Types of services in Islamic finance and banks are
as follows:
Financial characteristics of Islamic banks. Unlike
conventional banks, the financial intermediation
of Islamic banks is based on a share in profits
(losses) from transactions with real assets. An
Islamic bank provides and attracts funds on
certain terms: interest rates are not allowed on
both loans and deposits. Indeed, the concept of
participation in profits and losses is largely
consistent with the instruments of financing a
joint-stock project such as mudaraba and
musharaka, the relevance of which does not allow
them to be classified as capital financial
instruments in the strict sense of the word. Active
operations of Islamic banks on interest-free debt
financing are formalized with such basic financial
instruments as murabaha, salam, and shariah.
They are not directly related to the concept of
profit and loss sharing, but are based on
transactions with real assets and, therefore,
exclude the exchange of money for money. Let us
describe in more detail the characteristics of the
main financial instruments used in the active
operations of Islamic banking.
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First, we will substantiate these characteristics
with verses and hadiths.
ِوَقْلا َت ْرَجْأَتْسا ْنَم َرْيَخ هنِإ{ ىَلاَعَت ِ هللَّا ُل ْوَق َو
ُن ِزاَخْلا َو }ُنيِمَ ْلْا ُّي
ُهَدا َرَأ ْنَم ْلِمْعَتْسَي ْمَل ْنَم َو ُنيِمَ ْلْا
Allah Almighty says, "The best person to be hired
for a job is the strong and trustworthy one." [1,
217].
Our Prophet (peace be upon him):
ًاريجأ رجأتنسا نم
هرجأ هملعلف
"Whoever makes a rental agreement
with someone, let him state the rent," they said.
[9, 268].
ةراجإ
–
"ijara" means "to provide a service fee", "to
pay a fee", "to give a reward". In Sharia, "ijara"
refers to the purchase of a certain benefit in
exchange for a certain fee. This word is also used
in Uzbek, but its Sharia meaning is broader. [8,
217].
ةبراضم
–
Mudarabah means "walking on the
earth." In the term, "it is a partnership agreement
in which one person receives property and
another person receives work for a profit." [9,
268]. Mudarabah is an Islamic trust agreement
through which the bank finances an investment
project, but does not have the right to participate
in the management of this project, receives an
appropriate share of the profit from the
implementation of the project, in which the profit
is divided in predetermined proportions between
it and the partner who manages the attracted
funds, and assumes all risks associated with not
receiving profit from the project. [8, 205].
ةكراشم
–
Musharaka means "partnership in a
business". Legally, there are two types. Property
partnership. In this, two or more people own the
same property. Each of them is a stranger to the
property of his partner. The second is a
contractual partnership. The pillars of this are
acceptance and acceptance, that is, mutual
consent. Its condition is that no specific amount of
money or money is determined for one of the two
from the profit [9, 257]. A joint venture
agreement is a contract in which a joint venture is
established to organize an investment project for
implementation in accordance with its terms, one
of the owners of which is an Islamic bank. Unlike
mudaraba, in this case the bank has the right to
participate in the management of the project
together with other partner(s), which partially
reduces its risks. The financial result (both profit
and loss on the project) is distributed in
accordance with the participation share.
ةحبارم
–
murabaha means "to profit". In the term,
the sale of the thing that was acquired by the first
contract at the first price with an increase in
profit. A commercial loan agreement in which an
Islamic bank acts as an intermediary, at its own
expense, but on the instructions of the client,
purchases a certain asset (product) in accordance
with the description specified by the client in the
application. The description indicates the
essential characteristics of the asset, its price and
its availability on the market. The contract comes
into force after the goods become the property of
the intermediary. Subsequently, the product is
sold to the client at a price that includes a
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VOLUME
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premium (margin), usually on deferred or
installment terms.
ملاس
–
salam means
“
to deliver
”, “
to present
”.
In
terminology, salam refers to a trade made on the
condition that the agreed upon goods are paid in
advance and the goods are delivered later, at a
specified time. In other words, salam trade is the
opposite of nasiya trade, that is, in nasiya the
goods are cash and money is nasiya, while in
salam the money is cash and the goods are nasiya
and are delivered later. According to the Hanafis,
there are seven conditions of salam, and only
when they are fully fulfilled is the salam trade
valid, otherwise it may turn into riba. This type of
trade transaction is called salam because the
money for the goods is presented at the time of
the agreement, and it is also called “salaf” (to pass
before, to pass before) because the money is
delivered in advance. [8. 205] The same ideas can
be expressed in relation to modern banks as
follows. A commercial loan agreement that
provides for the purchase and sale of an asset
(product) on an advance payment basis.
According to the agreement, the Islamic bank
provides the contractor with a certain amount
equal to the value of the goods, and he undertakes
to deliver the goods within the agreed period. The
salam is concluded simultaneously with another
agreement. As a rule, this is a parallel salam, in
which the Islamic bank, in turn, acts as a
contractor and makes a profit due to the
difference in the purchase and sale prices of the
goods.
عانصتسا
The exception is
“
requiring a craftsman to
produce something within a certain period of
time.” Whether the thing is in the contract or not
is the same. If the contract does not specify a
period of time for something, it is a sale, and the
craftsman is forced to work. The work cannot be
taken back from him. It is not his work that is put
up for sale, but the thing that is sold. [9, 144]. An
advance payment contract is a contract for the
performance of work, in which the Islamic bank
provides the contractor with a certain amount
equal to the cost of work on the production of the
product, and he undertakes to complete the work
within the specified period. It is concluded
together with another contract, under which the
Islamic bank sells the goods to the client. The
profit of the bank, which is an intermediary
between the manufacturer and the final buyer of
the goods, is formed due to the predetermined
difference between the purchase and sale prices:
the price it pays for the work is, more precisely,
lower than this price. it sells the goods received.
Most often, the “exception” is used to finance
large projects, as well as for mortgage loans.
نسح ضرق
–
The interest-free loan agreement that
Qard Hasan Islamic Bank attracts transfers funds
free of charge, which can be used at will, but is
obliged to return them upon request. The funds
received in this way are deposited into a savings
account. At the same time, Islamic banks try to
encourage customers, for example, by offering
them discounts on their services.
Other mechanisms for creating savings accounts
include: a) the bank has the right to use the
accumulated funds with a guarantee of their
return within a specified period, but can pay
additional income to the depositor at its
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discretion; b) the attracted funds can be invested
by the bank, and the profit received can be
divided with the depositor in predetermined
proportions.
Comparison of Islamic banking and conventional banking operations
Feature
Islamic bank
A conventional bank
Basic principle
Interest-free transactions,
compliant with Sharia law.
Earning
income
and
carrying out transactions
based on interest.
Financing method
Mudaraba, musharakah,
ijara, salam, istisna, and
murabaha.
Loans and other interest-
based financial services.
Source of income
Investment benefits and
service fees.
Interest and other fees
applied to loans.
Interest (usury)
It is strictly forbidden.
The
main
source
of
income in credit and
deposit operations.
Risk sharing
Financial risks are shared
between the client and the
bank.
The financial risk is
primarily borne by the
client.
Investment direction
It is focused on halal,
Sharia-compliant business
sectors.
It can be directed towards
any legal activity.
Types of contracts
Based on cooperation (e.g.
mudaraba, usharaka).
Credit agreements, colla-
teral-based agreements.
Ethical values
Honesty, justice, and
Sharia-compliant
operations.
Mainly based on business
interests
and
legal
requirements.
Necessary reserves
Provided through Sharia-
compliant assets.
Can use any assets.
Billing system
Based on net profit sharing.
Based on interest pay-
ments
and
principal
amount of loans.
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Collateral (guarantee)
A guarantee is provided
through honest means.
Any assets can be taken as
collateral.
C
ONCLUSION
These trends demonstrate the potential of Islamic
finance as a sustainable and ethical alternative to
conventional financial systems. In the future, this
market will continue to grow, developing steadily
as a promising financial system, attracting
Muslim and non-Muslim clients interested in
investments that meet Islamic moral and
economic standards. As proof of our point,
countries that have implemented Islamic finance,
such as Indonesia, Malaysia, and Singapore, are
considered to have shown miracles in their
economic development in the world.
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Sheikh
Abdul'aziz
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Quranic
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GIFR 2024
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Islamic Finance Outlook
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Moodyʻs Isl
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Finance Outlook
4.
Gorton, G. B. (2010). Slapped by the Invisible
Hand, The Panic of 2007.
5.
Financial Crisis Inquiry Commission (FCIC)
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https://www.govinfo.gov
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Krugman, P. (2009). The Return of Depression
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Bernanke, B. S. (2015). The Courage to Act: A
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