An Introduction To Murabaha

WHAT IS MURABAHA?Murabaha is an important concept of Islamic finance. Technically, murabaha refers to a contract of sale within which the seller declares the cost and any profit generated. This type of financing arrangement is also known as a costs-plus financing arrangement. This means that the murabaha contract is a contract for the sale of goods at cost price plus an uplift for any agreed profit.
The murabaha contract is essentially a contract whereby the Islamic bank is asked by a customer to make a purchase from a third-party supplier or seller and resell it to the customer.
Payment for the item can be done immediately or on a deferred basis.
Murabaha And Business Transactions
For many small businesses, murabaha financing arrangements have become an essential way to raise funds in a way that is compliant with Sharia rules.
As a form of financing, murabaha is used in many different types of transactions. These can include the purchase of goods for households, real estate, and business equipment.
What murabaha contracts facilitate is a structure whereby an interest free form of financing is available for those who need it.
Murabaha contracts also enable individuals and businesses to have help with making purchases from specialist markets they may not be familiar with.
For small to medium businesses, murabaha financing arrangements mean that capital assets can be bought without the business needing to take out loans to make the relevant purchases.
Murabaha As An Alternative Funding Option
Murabaha contracts have become increasingly popular in the United Kingdom in recent decades, as these types of contracts have become a viable Sharia compliant alternative means of finance.
In the current unpredictable economic market, murabaha arrangements are less risky and more ethical. Customers do not have to worry about fluctuating interest rates.
This form of financing arrangement and funding option is asset-backed and this makes it less tumultuous and risky for people and SME enterprises.
Murabaha Financing
Murabaha is a legal mode of financing structure that many Muslims are keen to use as it offers interest free financing. Many Islamic banks globally offer murabaha contracts to their clients and customers.
Murabaha contracts are used to purchase all manner of goods including raw materials, equipment, machinery, real estate, and exported goods.
This form of Islamic finance is an alternative to the debt based finance systems that have become synonymous in many economies throughout the world.
Murabaha And Sharia Rules
In order to comply with Sharia rules, murabaha contracts must:
- the product or subject of the murabaha must be owned by the bank or financial institution when the financial transaction takes place.
- the asset or goods must be of value (classified as property by Islamic finance rules).
- the goods cannot be commodities that are forbidden
- debt cannot be sold via murabaha contracts.
- there must be no interest payment at all, instead a set fee should be agreed.
- there is a requirement that the entire murabaha transaction should complete in two contract stages - the first being when the customer requests the murabaha transaction and promises to buy it from the bank. The second stage is when the bank purchases the commodity and the customer buys it back on agreed repayment terms.
- both contracts should be valid and enforceable.
- As with any Sharia based contract, the terms and conditions should be clear, concise and unambiguous especially when it comes to the terms relating to money and payments.
- the bank assumes the risk when they buy the goods requested
- the purchaser has the right to return the asset if there are any defects.
The two distinct contract stages (ie two definite and distinct sales) circumvent the Sharia prohibition on charging interest.
Murabaha Contracts - The Stages
There are 3 main stages of a murabaha contract:
- Promise: this stage requires the parties to the contract to negotiate the terms and carry out any due diligence or credit checks that they need to. At this contract stage, the customer will promise the bank that they will purchase the goods the bank will acquire on their behalf.
- Acquisition and Possession: at this stage of the transaction, the bank acquires the goods and keeps possession and takes on the risk of ownership.
- The final stage is when the customer purchases the goods from the bank.
ARE MURABAHA CONTRACTS LOANS?The answer to this question is that murabaha contracts (as long as they are compliant with Islamic finance and Sharia rules) are not loans. There is no interest element at all, instead there is a mark-up based on profit, and this mark-up is agreed upon by the parties.
These types of contracts are contracts for the sale of commodities.
Instead of any form of loan agreement or loan repayment, murabaha contracts are based on the existence of two purchase contracts or agreements. The first agreement is the one where the bank purchases the asset, and the second relates to the purchaser buying the asset from the bank.
The risk of the ownership rests with the bank when they purchase the item. Murabaha contracts are not interest based. Instead, the parties negotiate the terms and the profit margin which should be based on the cost of the original purchase and a profit margin.
Murabaha contracts are increasing in popularity as they are a viable alternative to traditional contracts which are not compliant with Sharia rules. What this means for individuals and businesses is that they are able to finance their endeavours within the framework of Islamic finance.
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The success of your business depends on three factors - your product, your marketing and your funding. Most businesses fail not because of their product or their marketing, but because of cash flow problems. It's poor funding that brings them down.As an entrepreneur and business owner, it's easier to get excited about your products and their potential, rather than about your finances. But without secure financial foundations, that excitement can soon turn to frustration.Cash will flow into your business as you sell. But in order to sell you first need money to invest in stock, people and premises. Whether yours is a startup company or you're looking to expand, you need funds to invest in advance of starting to see sales coming in.There are many different forms of business funding. Here are some of those most commonly used by business owners.
Your own money
Many small businesses rely on the founder or owner providing at least some of the capital. There's always an element of risk in starting or growing your business and by funding it yourself, you're not accountable to anyone else. This does mean, however, that if the business doesn't grow as you hope, you risk losing some or all of the money you've invested.Using your own money allows you to be in full control of how you run the business. However, you could be missing out on the advice and guidance that's often available when you're borrowing from someone else.If you're starting a new business, or expanding your current business into a new market, you should anticipate costs being higher than you expect and allow a generous contingency to cover the unexpected. Small businesses don't grow without some mistakes being made, and these cost money. In the longer term, you learn from these mistakes, and they help you make better decisions in the future. However, if you're working on a very tight budget, these costs could seriously hold you back.
Friends and family
You may know people who are open to investing in your business. Some may be willing to give you a loan, quite possibly on generous terms such as with low or no interest and flexible repayment terms. Others may want equity in return for their money - they effectively become co-owners of the business, although probably only owning a small slice.It's for you to determine whether friends and family money is appropriate. It can be very convenient, and flexible, but at the same time you need to be aware of how financial arrangements can affect your relationships with people close to you. If all goes well, there's unlikely to be a problem. But if the business struggles, they may become concerned or even demand some of the investment back.When borrowing from friends and family, it's a good idea to draw up a document that will help to set everyone's expectations, both for how much involvement they will have in running the business, and how and when they will be repaid. They should be made fully aware of the risks involved when putting money into a new venture.
Grants
A grant is money that does not usually need to be repaid. There are various local and national grant schemes available to businesses, usually linked to startups, growth or innovation. They can range in size from just a few hundred pounds to many thousands, even millions.While grants can be hugely beneficial to entrepreneurs, they can also be time-consuming to apply for and sometimes come with quite stringent conditions. Many grants are based on match funding, meaning they won't cover the full cost of a specific project - you are expected to raise some of the funds from elsewhere.
Secured loan
A secured loan is where you borrow from a bank or other institution and if you fail to make repayments the lender has rights over an asset that you own, such as your home or business property. Because the loan is secured on an asset the lender has confidence they will get some or all of their money back, should you run into financial problems.It can take a few weeks to set up a secured loan because legal documents must be drawn up and signed off. The advantage of such a loan is that because it's secured, you may get more favourable terms, such as lower interest charges or a longer repayment term. The downside is that if you fail to keep up with repayments, your property is at risk. Most lenders aren't in a hurry to sell your asset, as they'd rather you found ways to keep up your repayments. However, they have that option if they need it.Applying for a loan will usually require you to provide considerable information about the financial position of your business, along with projections about future income and cash flow.
Unsecured loans
An unsecured loan is where you borrow without providing an asset as security. However, most banks and other financial institutions do ask for a director's guarantee or equivalent. This is where the director agrees to take personal responsibility for repaying the loan, should the business be unable to do so.Because it's not linked to an asset, an unsecured loan can be set up more quickly. However, for the same reason the amount you can borrow is likely to be lower, and the terms less favourable.These loans can come in various forms, including business credit cards, which are effectively an indefinite loan where you choose how much you want to borrow and repay on a monthly basis, subject to certain limits.
Venture capital and angel investors
Venture capitalists and angel investors are individuals or groups seeking to put money into businesses with growth potential. Venture capitalists are investing funds on behalf of a third-party and as such, they are more risk averse. They're looking for evidence that the business has a promising future. An angel investor, or business angel, is a high-net-worth individual who is often more open to getting involved with a startup and will take a bigger risk.The money they give you is not a loan. They are effectively buying part of the business - they have a stake in the equity of your business, meaning they become co-owners. This can have some implications for the amount of control that you have over how you run the business, but can be beneficial, giving you a source of advice and support, and it can provide a strong incentive for you to be more successful.Both VCs and angel investors will make a careful assessment of your business and its potential, and they know that by investing they are taking a risk. At some point they will want to be repaid - often when the business is sold.
Crowdfunding and peer-to-peer finance
The internet has made it much easier to connect people who want to invest, often small amounts, with businesses looking to raise working capital - the cash they need to operate and grow.Crowdfunding is where a business wants to raise money to launch a specific product. The business can be either a startup or an established firm. It launches a crowdfunding appeal to people likely to be interested in the product. The funders typically don't have a right to be repaid if the business or product fails, but if it all goes well, they get access to the product on preferential terms. Two of the most well-known crowdfunding platforms are Indiegogo and Kickstarter.Peer-to-peer finance matches people and businesses with money to lend with others looking to borrow. Top peer-to-peer sites include Zopa and Funding Circle.Any business looking to raise money through crowdfunding or peer-to-peer systems is usually required to undergo credit checks and other financial assessments, to ensure the risk to investors is minimised.
Finding the right way to fund your business
Finding the right way to fund the plans for your small business depends on many different factors, including how much you need to raise, when and how you'll be able to repay it, and your attitude towards giving up some ownership or control of the business. Potential lenders or investors will be interested in your business history, your credit rating and your growth potential. Each will have different attitudes to risk.
Small business funding with Qardus
We provide funds to small businesses with a proven track record that are looking to grow. Our finance is ethical and community based, providing funding from £50k to £200k with terms of between six and thirty-six months. Our funding process follows Islamic principles, meaning we don't charge interest and we don't work with industries considered harmful to society, such as alcohol, tobacco and gambling. The funding is Sharia-compliant, making it an attractive option for Muslim business owners, but we also fund others outside the Muslim community.We offer fast, flexible and affordable unsecured finance, firmly grounded in ethical principles.
WHAT IS INVESTMENT BANKING?
Investment banking refers to a form of banking that deals with large and complex financial transactions. These transactions include mergers, acquisitions, raising capital funds, and re-organisations of businesses.
Investment bankers work with clients within the world of investment and high finance. Investment banking often deals with raising funds and money for large companies and governments.
Investment banking also involves underwriting debts and securities and brokering trades for private and global investors.
As conventional investment banking includes many interest-based and speculative activities, this has raised the question about the permissibility of investment banking in Islam and if it is haram.
The Concepts Of Halal And Haram Explained
In order to ascertain and evaluate if investment banking is halal or haram, we need to understand the Islamic (Sharia) concepts of halal and haram.In their very basic form, halal and haram mean the following:
- halal - permissible
- haram - impermissible/prohibited
When something is deemed to be halal in Islam, it means that it meets the very specific criteria Islam sets out. Often, the concept of halal is commonly associated with the consumption of food and drink, but in reality for Muslims the concept of halal and haram permeates their daily lives, behaviours, and actions.
For example, drinking alcohol is haram, but so is engaging in dishonest or interest-based financial activities.
WHY IS HALAL AND HARAM IMPORTANT IN ISLAM?
The concepts of halal and haram are important for Muslims as they influence their daily choices, behaviours, and practices.
Let's explore these concepts and understand why they matter to Muslims.
Halal encompasses actions, behaviours, and practices that are permitted and encouraged by Islamic law (Sharia). Halal extends to various aspects of life, including business transactions, financial dealings, accounting, personal conduct, and moral and ethical considerations.
The importance of halal lies in its connection to piety and the pursuit of righteousness. Muslims strive to lead a life in accordance with Allah's commands, and adhering to the concept of halal is a means to attaining spiritual purity and fulfilment.
By consuming halal food, engaging in halal financial transactions, and following halal practices, Muslims aim to align their actions with the principles of Islam and seek the blessings of Allah.
Haram, on the other hand, means "forbidden" or "prohibited." It refers to actions, behaviours, and practices that are explicitly prohibited by Islamic law. Haram activities are considered sinful and spiritually harmful to individuals who engage in them.
Muslims avoid haram practices to maintain their spiritual well-being and to fulfill their duty of obedience to Allah. By refraining from haram actions, Muslims seek to purify their souls, develop self-discipline, and safeguard their relationship with Allah.
The Importance of Halal and Haram for Muslims:
- Morality and ethics: for Muslims, the concepts of halal and haram provide a guide and framework within which to live their lives. This framework is centred on principles of morality and ethics.
- Spiritual Connection: Halal and haram act as guiding principles for Muslims, enabling them to establish a strong spiritual connection with Allah. By adhering to halal and avoiding haram, individuals aim to cultivate righteousness and seek closeness to Allah in their daily lives.
- Personal and self-discipline: Adhering to halal and avoiding haram helps Muslims in their personal development by fostering self-discipline, self-control, and mindfulness. Consciously following the halal path means individuals can enhance their character, strengthen their faith, and develop a sense of accountability.
- Social Cohesion: The concepts of halal and haram contribute to social cohesion within the Muslim community. Shared adherence to these principles promotes unity, mutual respect, and a sense of collective responsibility among Muslims.
Islamic Finance Principles
Islamic finance principles that relate to investment banking are in place to ensure that investment banking activities are Sharia compliant.
Some of the key Islamic finance principles that would govern investment banking trading and activities include the following:
- No riba - one of the main principles to adhere to when looking for halal investment banking is ensuring there is no element of interest involved in the transaction.
- uncertainty - similarly, there should be little to no uncertainty (ghahar) and speculation.
- ambiguity - there should be no ambiguity
- Profit and loss sharing - the parties should share in any profits and losses.
- ethical - the investment activities should be ethical
Principles Of Traditional Investment Banking
Traditional investment banking operates within the framework of conventional financial systems and practices.
These systems are often interest-based. In Islamic the concept of interest (riba) is strictly prohibited. So, investment banking which relies on interest based activities is haram.
Conventional investment banking involves activities such as capital raising, mergers and acquisitions, underwriting securities, and providing financial advisory services.
Traditional investment banks typically engage in interest-based transactions, speculative investments, and may invest in sectors that are considered unethical or haram according to Islamic principles, such as alcohol, gambling, or pork-related industries.
In traditional investment banking, interest (riba) plays a significant role, as it is often earned through loans, debt instruments, and interest-bearing investments and payment options.
Additionally, derivative products, short-selling, and leveraging strategies are commonly employed in traditional investment banking practices. These activities may conflict with Islamic principles that emphasize fairness, transparency, and the avoidance of uncertainty (gharar).
The level of uncertainty and speculation within traditional investment banking can be deemed to be haram.
Sharia Compliant Halal Investment Banking
Halal investment banking, also known as Islamic investment banking or Sharia-compliant investment banking, is a specialised form of financial services that aligns with Islamic principles and guidelines.
Islamic investment banking operates within the framework of Islamic finance. These principles seek to promote ethical and socially responsible financial practices. This means there is less scope for one-sided risk and high levels of speculation. Ultimately, this leads to greater equity and fairness in business dealings.
In halal investment banking, interest-based transactions (riba) are strictly avoided. Instead, Islamic banks and financial institutions offer products and services that are structured in a way that eliminates interest, and instead, focuses on profit-sharing arrangements or partnerships.
For example, instead of charging interest on loans, Islamic banks may engage in profit-sharing agreements, lease-based contracts (Ijarah), or partnership-based arrangements (Mudarabah). What this means for the parties is that there is more fairness.
Furthermore, halal investment banking adheres to ethical investment criteria, avoiding sectors or activities that are deemed haram, such as the porn or alcohol industry.
Investments are directed towards industries that comply with Islamic principles, such as halal food, healthcare, sustainability projects, renewable energy, and ethical real estate.
The concept of risk-sharing is also emphasized in halal investment banking. Islamic financial institutions aim to distribute risks and rewards equitably among parties involved in investment activities. This principle promotes fairness, accountability, and responsible investment practices.
Key Differences Between Traditional And Halal Investment Banking
Overall, the key difference between traditional investment banking and halal investment banking lies in their underlying principles and practices.
Halal investment banking adheres to Islamic guidelines, avoiding interest-based transactions, speculative investments, and unethical industries while emphasizing risk-sharing, profit sharing, ethical investment, and fairness.
By aligning financial activities with Islamic principles, halal investment banking seeks to cater to the specific needs and values of Muslim investors.
Muslims And Investment Banking
Islamic investment banking is a growing industry. In the United Kingdom, there are many banks and financial institutions that offer halal investment banking opportunities, products and services.
For students who are currently studying economics and finance subjects, there are opportunities to seek employment and a career in Islamic investment banking firms.
However, it is important to make sure that you work with investment bankers who are familiar with the concepts of Islamic finance and halal and haram. They will guide you to investment banking services and options that are deemed to be halal under Islamic finance rules.
Qardus Limited does not give financial or investment advice.
The United Kingdom, and in particular London, has become one of the leading voices and stages for the development of Islamic finance. As the global Islamic finance industry has grown, London has emerged as one of the leading Western markets offering and improving Islamic finance services and products.
One of the key reasons for the investment and development of the Islamic finance market in London is to ensure that the finance markets and industry is able to keep pace with the emerging and dynamic markets in the Muslim centred Middle East region (Dubai and the UAE included).
The Islamic Finance Industry
There are other reasons Islamic finance has really surged ahead in London, and they include the importance of financial inclusion and providing access to funding and finance to those looking to invest in the economy without compromising their beliefs.
The UK is not the only country that is fast developing its Islamic finance reputation, regulation, and provision. Most European countries also offer Islamic finance products and services to individuals and companies.
What has become clear is that Islamic finance has enabled many people from diverse backgrounds to trade, invest and operate a business in the West. This can only be a good thing for the economy and when it comes to financial inclusion.
Interest, Profit Sharing And Risk Management
Many Muslims only use the Islamic finance system so that they do not have to pay interest and can trade and deal with any income, savings, investment strategy, and asset they own in a Sharia compliant way.
The result is that the Islamic finance industry is booming and entering the mainstream finance industry.
Islamic investment strategies have opened up and increased the scope of options for investors wanting to raise or build capital, property and other assets.
In addition, the profit and risk sharing element of Islamic finance transactions and contracts are growing in appeal to a much wider audience. The first Islamic finance bank launched in the UK in 1982 - the Al Baraka Bank. Since then the Sharia compliant market has seen growth on a huge scale with Islamic finance products available in trade finance, project finance and real estate.
The Islamic sukuk (bond) market in the UK started around 2007 and has continued to grow. In 2014, the UK government was the first to issue sovereign sukuk.
Understanding Islamic Finance - Knowledge Matters
Many financial experts and researchers have become knowledgeable about Islamic finance and how it operates. In order to offer financial services and products that are Islamic finance and Sharia compliant, there needs to be a good depth of understanding relating to Islam and its principles and rules.
Islamic finance has proven to yield competitive and attractive rewards, and Islam's core underlying principle relating to social justice and equity is becoming more attractive to Muslim and non-Muslim customers alike.
The focus on risk sharing and collaboration between the parties means transactions are more transparent and fair. This in turn creates more stable investment options in volatile markets and economies.
Uk Leading Western Islamic Finance Centre
A recent report from The City UK has stated that the UK is the leading Western centre for Islamic finance. In 2021, the Islamic finance banking asset market was said to be worth approximately $7.5bn.
In addition to general Islamic finance products, Islamic fintech is also growing rapidly in the UK and Europe. The strong regulatory support from the UK government has led to an increasing number of Sharia compliant fintech services.
The UK has also been able to reach attract a large number of professionals with Islamic finance knowledge and expertise.
The growing Muslim population in the UK, the vast majority of whom are young professionals with capital, further strengthens the UK's resolve to continue developing its Islamic financial services market.
London Stock Exchange
The London Stock Exchange (LSE) is one of the leading exchanges for sukuk listings.
In addition, The UK has become one of the world's biggest providers of Islamic finance education. There has been a recent surge in the number of Islamic finance courses and qualifications available to those wanting to expand their knowledge and work in this field.
What is driving this demand for Islamic finance services is private sector initiatives. This coupled with support from government policy and compliance rules has provided a solution for those investors and businesses looking for financial services that are compliant with Islamic finance rules.
Investment
If the UK wants to continue to strengthen its position and status as a leading international centre for Islamic finance then it needs to continue to invest in the Islamic finance market.
This will require the development and progression of the right financial infrastructure and ecosystem to support the industry. It is forecasted that the Islamic finance assets under management are likely to double over the next decade.
The UK is well placed to grow its Islamic finance market and offerings. However, this must be done in line with Sharia rules relating to finance without cutting corners and innovation which could lead to non-compliance. More investment needs to be made in research relating to how Islamic finance operates so that any investor is reassured that their Islamic values are not being compromised during financial transactions.
The growing confidence in the Islamic finance market in the UK has attracted investments in regeneration projects and infrastructure - thereby directly benefiting society as a whole.
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