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The Cultural and Demographic Aspects of the Islamic Financial System and the Potential for Islamic Financial Products in the German Market

The Cultural and Demographic Aspects of the Islamic Financial System and the Potential for Islamic Financial Products in the German Market
Über dieses Buch
  • Art: Diplomarbeit
  • Autor: Holger Timm
  • Abgabedatum: November 2004
  • Umfang: 195 Seiten
  • Dateigröße: 1,6 MB
  • Note: 1,4
  • Institution / Hochschule: Fachhochschule Stralsund Deutschland
  • ISBN (eBook): 978-3-8324-4082-4
  • ISBN (Paperback) :
    978-3-8324-4082-4 P
  • ISBN (CD) :978-3-8324-4082-4 CD
  • Sprache: Englisch
  • Prämierung:
  • Arbeit zitieren: Timm, Holger November 2004: The Cultural and Demographic Aspects of the Islamic Financial System and the Potential for Islamic Financial Products in the German Market, Hamburg: Diplomica Verlag
  • Schlagworte: Koran, Muslim, Finanzierung, Bank, Demographie

Diplomarbeit von Holger Timm

Abstract:

The aim of this thesis is to show the potential Muslims in Germany have concerning their number and financial power. As assumed, whilst developing the idea for this work, no financial institution is existent in Germany which offers banking services in compliance with Islamic law. Would it not make sense to introduce such instruments in a market which accommodates more than 3 million Muslims? Are the hurdles for introduction too high or is the financial potential of the Muslim population too low to care about such questions? They will be answered in this thesis.

To gather information necessary for writing this thesis, the author read various books about Islam, its roots, and its financial systems. The „World Wide Web” was a valuable source, especially publications of data by statistical offices, ministries, and institutions dealing with the topic. For certain parts specific data were not accessible to the author. For investigation purposes he wrote letters and mails to various institutions to find out that specific data were not available and certain statistical investigations were not undertaken. In that case approximations and extrapolations were used and marked as such.

The author has divided the thesis in four parts. The first chapter, „Chapter A – Islam – History, Cultural Aspects, and Principles for the Financial System“, introduces Islam, its roots and foundation about 1,400 years ago. In that chapter basic Islamic principles are explained and their relevance in all aspects of Muslim life is shown. With those principles underlying, a financial system developed which is different from the Western one. The development of the financial system is described as are various Islamic financial tools explained.

In „Chapter B – Muslims in Germany” it is shown how the Muslim community in Germany developed. It is explained when processes of migration started and to what extent they developed. The cultural and educational „Status Quo” of the Muslim community is analysed, and it is looked at their stand concerning school, work, associations, etc. Thereby Islamically cultural distinctions are outlined and resulting obstacles for integration deduced. Following that, the financial „Status Quo” is looked at. Facts about Muslim savings are provided and examples of instruments available at the German market, which are in compliance with Islamic law, are described. Out of the outlined facts in the „Status Quos” a potential analyses is developed. Future scenarios about shifts in the population structure are calculated and thereby resulting changes at the labour market predicted. After combining the analyses it was assumed that changes in the population structure and at the labour market may result in changes in the income structure, which is looked at in the following.

After the Muslim community and its financial situation is analysed, „Chapter C - Possibilities for Islamic Products in the German Market“ describes legal requirements set by German authorities as does it look at Islamic prescriptions for the running of a financial institution. Proposals are given how to harmonise differences to create possibilities for a financial system which encompasses both – conventional and Islamic finance. Afterwards descriptions of product examples are provided which are in compliance with German law and with Islamic law. Finally a conventional equity financing model is analysed and ways of its transformation into an Islamically acceptable model are developed. It is calculated if such a model can be operated efficiently and profitably.

In „Chapter D – Conclusions Deduced from the Thesis” final remarks are given concerning results achieved in the process of analysing the market and writing this paper.

It has been the author’s aim to outline complex correlations as simply as possible. It was tried to clarify theoretical conditions with help of practical examples. Only selected areas of a financial system were looked at, and the author concentrated on „financing instruments” applicable by „financial institutions” for „financing purposes”. Other tools also relevant in the financing sector, such as insurances, were not considered in this paper.

Asymmetries in terminologies exist throughout Muslim countries. These differences are, however, only in terms of spelling and not in meaning and utilization. In this work the assumed simplest spelling was chosen to make it more convenient for the reader.

One example shall point it out:

An interest-free loan in Iran is called Qard al-hasanah, Malaysia uses Al-qardhul hasan, Pakistan uses Qarz-e-hasna, Bangladesh uses Qard-e-hasana and Jordan Al-qird al-hassan. In this work the term Qard hassan was chosen, as it seemed simplest and it is often used in literature.

Table of Contents:

Preface 1
1. The Author’s Motivation 1
2. Aim of the Thesis 1
3. Proceedings of Information Gathering 2
4. Structure of the Work 2
5. Terminology 3
Chapter A – Islam – History, Cultural Aspects, and Principles for the Financial System 5
1. Foundation and Meaning 5
1.1 The Prophet 5
1.2 Statutory Sources in Islam 6
1.3 Discrepancies among Mohammads Successors and the Development of Various Movements 7
1.3.1 Sunnites 7
1.3.2 Shiites 8
2. The five Pillars of Islam 8
2.1 Shahada - Faith 8
2.2 Salaat – Prayer 9
2.3 Zakat - Almsgiving 9
2.4 Saum - Fast 10
2.5 Hajj – Pilgrimage 10
2.6 Djihad - A sixth Pillar? 10
3. Islamic Banking 12
3.1 Development of Islamic Banking 12
3.1.1 Roots of Islamic Principles and Problems with Interpretations 12
3.1.2 The Early Days 12
3.1.3 Emergence of Conventional Banking Facilities in Islamic Countries 13
3.1.4 Implementation of Theory into Practice 13
3.1.5 Reorganisation of Old Values 14
3.1.6 The Basis for a Modern Islamic Banking System 16
3.1.7 New Customers’ Needs and the Establishment of Control and Supervisory Bodies 17
3.2 Principles in Islam connected with financial activities 18
3.2.1 Haram – Halal 18
3.2.1.1 Description 18
3.2.1.2 Background 18
3.2.2 Gharar – Maysir 19
3.2.2.1 Description 19
3.2.2.2 Background 20
3.2.3 Riba 21
3.2.3.1 Description 21
3.2.3.2 Background 22
3.2.4 Zakat 23
3.2.4.1 Description 23
3.2.4.2 Background 24
3.3 Financing Tools and Methods 25
3.3.1 General Rules 25
3.3.2 Various Kinds of Bank Accounts 26
3.3.2.1 Current Account 26
3.3.2.2 Savings Account 27
3.3.2.3 Investment Account 27
3.3.3 Overview of Selected Financing Tools 27
3.3.4 Profit and Loss Sharing 29
3.3.4.1 Mudarabah 29
3.3.4.2 Mudarabah Mutanaqisa 30
3.3.4.3 Musharaka 31
3.3.4.4 Musharaka Mutanaqisa 32
3.3.5 Fixed Charges – Mark-up Schemes 33
3.3.5.1 Murabaha 33
3.3.5.2 Bai Muazzal 35
3.3.5.3 Bai Salam 35
3.3.5.4 Istisna 36
3.3.5.5 Ijarah 37
3.3.5.6 Ijarah Waiktina 38
3.3.6 Free Charges - Qard Hassan 39
3.3.7 Concepts Applicable Directly or Indirectly to the Operations of Islamic Banks 40
3.3.7.1 Wadiah 40
3.3.7.2 Rahn 41
3.4 Summary of Selected Features of Islamic Contracts 41
3.5 Shariah Supervisory Board 42
Chapter B – Muslims in Germany 43
1. Population 43
1.1 World Wide Trends and Developments 43
1.2 Number of Muslims in Germany 43
1.3 From Migration to Immigration 44
1.4 The Age Structure 46
2. Culture and Education 46
2.1 The Islamic Charta 47
2.2 Cultural Distinction 48
2.3 Associations and Societies 49
2.4 Concerns of the ‘Federal Office for Protection of the Constitution’ 50
2.5 Media 51
2.6 School 51
2.7 Work 53
2.8 Integration 54
3. Financial Status Quo 56
3.1 World Wide Trends 56
3.2 Muslims’ Savings in Germany 57
3.3 Roles of Financial Systems 58
3.4 Approach of Muslims in Germany 59
3.5 Exceptions as Examples 60
3.5.1 „CICM Fund Management Ltd.” 61
3.5.2 „UBS Islamic Fund Management Company S.A.” 64
3.5.3 Islamic Bonds of Deutsche Bank AG 67
3.5.4 Sukuk of Saxony-Anhalt 69
4. Potential 70
4.1 Population 70
4.1.1 Shifts in the Population Structure 70
4.1.2 Reasons for Shifts in the Population Structure 70
4.1.3 Assumptions for a Future Development 71
4.1.4 The Migrants 74
4.2 The Labour Market 77
4.2.1 The Activity Rate in Germany 78
4.2.2 Relation of Activity Rate to Migration 79
4.2.3 People at Working Age and Unemployment 80
4.3 The Income Structure and Wealth of the Muslim Population 83
Chapter C – Requirements and Proposals for Islamic Financial Products in the German Market 86
1. Requirements Set by German Law – Chances and Obstacles for Islamic Finance 86
1.1 The German Banking Act 86
1.2 Minimum Reserve 87
1.3 Protection of Deposits 87
1.4 Provisions Concerning Competition and Advertisement 88
2. Requirements Set by Islamic Law 89
3. Harmonisation of German Laws to Islamic Necessities 89
4. Proposals for Islamic Financial Activities in the German Market 90
4.1 Requirements and Proposals for Structuring a Financial Institution Offering Islamic Products 90
4.2 The Gafoor Model 92
4.2.1 Deposit Accounts 93
4.2.2 Riba and Cost of Borrowing 94
4.2.3 Deductive Features of the Gafoor Model and Further Explanations 95
4.2.4 Conclusion of the Gafoor Model 97
4.3 Conventional Banking Models 97
4.4 Examples of Products Compliant with Shariah and Conventional Law 98
4.4.1 Sukuk - Bond 99
4.4.1.1 Mudarabah Bonds 99
4.4.1.2 Musharaka Bonds 101
4.4.1.3 Murabaha Bonds 102
4.4.1.4 Salam Bonds 104
4.4.1.5 Istisna Bonds 105
4.4.1.6 Ijahra Bonds 107
4.4.1.7 Mixed Forms 109
4.4.2 Credit Cards 111
4.4.3 Hedge Funds 113
4.4.4 Index Certificates and Funds 115
5. Transformation of a Conventional Equity Financing Concept into an Islamically Compatible One 117
5.1 The Conventional Model 117
5.1.1 General Features of the Conventional Model 117
5.1.2 Items of the Model Calculation 119
5.1.2.1 Revenues and Costs of Operation 119
5.1.2.2 Liquidity Computation 119
5.1.2.3 Financial Statement for Taxable Income 120
5.1.3 Details for Selected Items 120
5.1.3.1 „Ship Mortgage Loan I” 120
5.1.3.2 „Ship Mortgage Loan II” 121
5.1.3.3 Taxable Income and „Tonnage Tax” 121
5.1.3.4 Income Distribution and IRR 121
5.2 The Transformed, Shariah Compliant Model 122
5.2.1 Changes in the Financing Structure 122
5.2.2 The Mortgage Loan 123
5.2.3 Taxable Income and „Tonnage Tax” 123
5.2.4 Income Distribution and IRR 124
5.3 Conclusion 124
Chapter D – Final Conclusions of this Thesis 125
Appendices xxi
References l
1. Bibliography – Print Media l
2. E-Mail Contacts lii
3. Letters lii
4. Internet Sources liii
Eidesstattliche Erklärung lxv

Automatisiert erstellter Textauszug:

What is of major importance and will be explained later on in more detail (Chapter B: 4.1.3) is the age structure of the Muslim community. In the year 2003, 1.48 million foreigners living in Germany were of age below 18 years. 800,000 of them were Muslims. This is a percentage of almost 54 although the share of Muslims in the foreign community is only about 42 percent. That means that the Muslim community is younger on average.190 This corresponds with the overall trends in the development of the Muslim civilisation. It is estimated to account for 60 percent of the world population under the age of 18 by the year 2025, whilst constituting a total of mere 30 percent.191 [...]

A Shariah supervisory board (SSB) is a committee of Islamic scholars, which an Islamic financial institution makes use of for guidance and supervision in the development of Shariah compliant products.171 It conducts a continuous religious audit of the institution’s products and transactions, as it gives advice about the exclusion or inclusion of products and financial portfolio components. To keep up pace with developments at the markets, Shariah scholars are in constant dialog with economist and financial advisors, to develop new products in compliance with Islamic law.172 The SSB must work independently of the management and in conformity with conscience and Islamic law. It must be able to issue Fatwas173, which are binding to the institution’s management. Also it calculates the amount of the revenues which is due for Zakat (alms-tithe).174 [...]

as a gift. The lessee should not be able to force him to sell the asset at any time. If the lessee needs to buy the asset after the lease, an alternative would be that the lessor signs a unilateral promise to sell the asset at the end of the lease period to the lessee. For the lessee this promise would be an option to buy the asset; for the lessor it would be a binding promise to sell, if the lessee wishes to exercise the option. An arrangement like that is allowed but subject to two conditions: firstly, the Ijarah contract itself should not be subjected to this promise. The promise should be made in a separatet document. The second condition is that the promise should be unilateral. If it were bilateral, it would be a full contract effected to a future date, which is not allowed in the case of sale or gift.155 3.3.6 Free Charges - Qard Hassan [...]

Arbeit zitieren:
Timm, Holger November 2004: The Cultural and Demographic Aspects of the Islamic Financial System and the Potential for Islamic Financial Products in the German Market, Hamburg: Diplomica Verlag

Schlagworte:
Koran, Muslim, Finanzierung, Bank, Demographie

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