Islamic Finance Guide to Investing Your Money Ethically

WHAT ARE INTEREST RATES?

Interest and inflation rates are linked and affect our daily lives from the cost of our weekly shop to how much money we can borrow. Interest rates are essentially the amount borrowers are charged for borrowing money. Most banks will show the interest rate as a percentage of the total loan amount. This means that the higher the percentage, the more interest you will pay back over the term of your loan.

If you are not a borrower and you are a saver, then the interest rate will inform you how much money you will accrue in your account. the higher the interest savings rate you have the more money you will be paid into your bank account.

Interest rates vary depending on who you are borrowing from, the amount of your borrowing, the level of risk involved, and the terms of your loan.

If a lender thinks lending you money is high-risk then it is likely they will charge you a higher interest rate. In this way, the economics of a country are impacted by the interest rates.

HOW CHANGES IN THE INTEREST RATE AFFECT US?

One of the most obvious impacts of a changing interest rate is that it affects the amount of interest we are paid (as savers) or pay (as borrowers).

Any time there are changes in interest rates you should examine your savings and lending to see if you will be affected.

For those looking to borrow money, whether that is to buy a house, invest in business, or even just for the purposes of education (such as a student loan), the cost of borrowing will increase when interest rates are raised.

Current economic uncertainty means that businesses, individuals, corporations, and almost everyone in society are impacted.

For homeowners, an increase in interest rates means an increase in repayments (unless the mortgage is based on a fixed rate). Ultimately, this will result in a squeeze on household income and budgets at a time when the UK is dealing with an energy bills crisis and an increase in fuel costs.

To summarize the main effects of rising interest rates:

• increase in mortgage repayments

• increase in the cost of borrowing

• reduced consumer and business confidence

• increased incentive to save more to take advantage of the improved interest rates (but this depends on the rate being offered by banks on savings accounts)

• slower economic growth

• possible rise in unemployment

WHAT IS A BANK RATE?

A bank rate is set by the Bank of England. Arguably, it is the most crucial interest rate and is also sometimes known as the base rate.

The base rate is controlled by the Bank of England and is the rate paid by the Bank of England to businesses and banks that borrow from it.

The Bank of England is known as the central bank of the United Kingdom. They not only set the bank rate, which is currently 1.25%, but they also undertake the regulation of the banking industry, and financial business services, and they oversee the country's monetary policy. This then goes on to affect the economy including employment, wages, spending, and borrowing.

When banks set an interest rate they consider many factors in addition to the bank rate.

However, if the Bank of England changes the bank rate, then banks will also change their interest rate for both borrowers and savers in the market.

WHAT IS INFLATION?

The word inflation describes rising prices. If prices of goods and services are rising quickly then this is referred to as the rate of inflation.

Currently, in the United Kingdom the rate of inflation is 9.4%.

The rate of inflation is worked out by comparing the cost of products today and comparing the price against what the same products cost a year ago. The Office for National Statistics is the organization that is responsible for checking the price of goods and services.

If the price of production, imports, and raw materials increases then it is very likely that the rate of inflation will also increase. In addition, any increase in demand from consumers also causes the inflation rate to increase.

This is what is currently happening in the UK with the cost of living crisis.

WHAT CAUSES INFLATION?

As mentioned above, inflation is caused by various factors. The main drivers of inflation rates going up are the increased cost of production, and increases in raw materials and wages.

If inflation rates begin to increase it means that the cost of basic necessities including food and household items also rises. This can adversely affect society as many people will struggle to afford the basics and fall into debt. Inflation rates could also affect employment rates as employers also face cuts to their budgets and increased costs of operating.

Inflation does not only affect the basic necessities such as food. As we have seen recently in the UK, inflation also affects utilities, fuel costs, clothing, luxury goods, and cars.

Some of the main factors causing the rising prices in the UK, and thereby affecting the rate of inflation, include the following:

• increase in energy bills

• high fuel prices

• the war in Ukraine

• the rising cost of car prices (according to the Office for National Statistics)

• increased costs of household goods and furniture

• increased costs of food

• higher interest rates impacting homeowners

Whilst the cost of goods is rising, the wage increases are not rising in line with the cost of living.

HOW ARE INTEREST RATES AND INFLATION CONNECTED?

Theoretically, interest rates and inflation rates have what is considered to be an inverse relationship. This means that when interest rates are low, inflation is expected to rise, and when interest rates are high inflation rates should go down.

When interest rates are lower, the borrowing power of consumers is increased.

If consumers are spending but the prices of goods are going up faster than wages are increasing, then inflation rates increase. In order to encourage borrowers to borrow less and encourage them to save more the Bank of England increased the interest rate.

The aim is to slow the economy down enough to decrease inflation.

WHY HAVE INTEREST RATES GONE UP?

The Bank of England has increased interest rates so that it can reduce the rate of inflation. If the rate of inflation continues to go up in the UK then this can have many negative effects on UK residents. Currently, the inflation rate in the UK is at a 40 year high.

For example, people will have to pay more and more for goods and services. Property could lose some of its value, and fuel prices could continue to rise.

If inflation rises too high then this is called hyperinflation. This can result in a full economic collapse and devalue the currency.

WHY DID THE BANK OF ENGLAND RAISE INTEREST RATES?

The general view is that if the Bank of England raises interest rates they want people to spend less money.

When interest rates increase the Bank of England hopes that people begin to spend less and save more.

The Role Of The Bank Of England In The Economy

The Bank of England was established in 1694 as a private bank that lent the UK government money.

In 1997, the Bank of England was granted independence so that it could set the interest rates without any form of political affiliation.

The Bank of England is not connected to the Chancellor of the Exchequer as it it is important for it to base its interest rates on economic factors rather than political ones.

Not only does the Bank of England set the base rate, but they also:

• forecast the inflation rates

• issue coins and bank notes

• act as a lender of last resort for UK banks

The Current State Of The Uk Economy

According to PWC, the UK economy was recovering well from the global pandemic.

Unemployment rates were low and the labour market and service industry was recovering well.

However, the war in Ukraine was a shock to the UK economy (and economics globally), impacting it in many different ways including:

• disrupting supplies and services for all industries including retail and construction,

• leading to higher commodity prices and less revenue for businesses

• lower trade levels

• less investment flow

News agencies and websites are reporting that the UK growth outlook for the next 12 months does not look promising.

KPMG has agreed with this analysis stating that the GDP growth this year will halve and slow further in 2023 (UK Economic Outlook Report, KPMG, 2022).

According to KPMG, they predict further interest rate increases from the Bank of England. This is based on data from economic forecasts, consumer spending, interest rates, and the unemployment rates.

WHAT IS HAPPENING IN OTHER COUNTRIES?

Many other countries around the world are dealing with similar problems that the UK economy is dealing with.

According to the Office for National Statistics, the European Union is facing similar rates of inflation as the UK.

The United States is reporting inflation levels of 9.1%.

DO INTEREST RATE AND INFLATION RISES AFFECT INVESTOR BEHAVIOR?

The basic answer to this question is yes. Interest rates and inflation rates affect investor behavior. In fact, changes in inflation and interest rates affect everyone.

What it means in real terms is that any money you have saved could be worth less today than it was yesterday. High inflation rates impact the purchasing power and confidence of consumers and their spending.

Inflation rates and interest rates affect investment portfolios. If investors are finding it more expensive to borrow funds to invest then it is very likely that investments overall will reduce.

Investor Risk

Investors aim to increase their wealth and minimize their risk and tax liabilities. In an economy where interest rates and inflation are rising, there is normally an impact on portfolios and investments.

Rising inflation not only affects stocks and bonds it also affects property prices. Of course, all investment comes with a risk of losses.

Any investor with inflation-indexed assets or liabilities needs to be particularly aware of the changes in their portfolio.

Also, as interest rates rise this affects borrowing. As borrowing becomes more expensive, this leads to investors having less money available to invest.

Rises in interest rates also affect the stock market and the impact of the rise is usually felt quicker than in the general economy.

Normally, when interest rates fluctuate investors should expect the market rate of their bonds to also fluctuate. However, not all bonds are equally affected. Bonds that have short maturities may not be as impacted as bonds with longer maturities.

For investors who have a long-term outlook and planning when it comes to their portfolio, short-term changes to the interest rate should not significantly impact them.

For an investor who is looking at the long-term goal and who has a mix of assets, the long-term outlook of their portfolio should be fine.

To summarize, when interest rates increase the impact on investments includes the following:

• a rise in mortgage rates

• affect on the price of commodities

• Fall in bond prices

• Potential losses in the stock market

• fluctuations in real estate values

• increases competition between banks

Interest Rates And Islamic Finance Customers

For many borrowers, any increase in interest rates will affect how much they pay back to the bank they have borrowed from. The exception to this is those with fixed rate loans or mortgages. As the interest rate on these loans has effectively been 'fixed' for a specific period, then interest hikes or drops will not affect the repayments. Make sure to check when your fixed rate period comes to an end so you can plan accordingly.

In theory, for customers of banks who want Islamic Finance and Sharia compliant services, changes in the interest rate should not adversely affect borrowers or savers. This is because banking services based on Islamic Finance principles do not rely on interest or include any form of interest payment.

Conceptually, Islamic banking customers are not motivated by profits or gains. Therefore, changes to the interest rate should not affect them.

However, on a wider scale, any changes to the interest rates and inflation will affect all lending institutions in some way. Many Islamic Finance lenders use the base rate of the country to benchmark their repayment calculations. This means any increase to the base rate could affect the repayments for customers of Islamic finance products.

However, for economies where the interest and inflation rates and subject to fluctuation, this could lead to more people being interested in the interest-free products offered by financial institutions that offer Sharia compliant services. A research study in Malaysia found that any increase in base rates increased consumer interest in Islamic mortgages.

Ultimately, how you are affected by increased interest rates and inflation rates depends entirely on your financial circumstances and the management of your investment portfolio.

WHAT IS A VENTURE CAPITAL TRUST?

A venture capital trust (VCT) is essentially an investment company. In the UK the government introduced VCTs in 1995 as a way of ensuring that investors could invest in start-up companies. The government was keen to encourage investment in entrepreneurial businesses by offering tax relief to investors. Recently there has been discussion and debate about whether VCTs are halal or haram.

For new businesses, VCTs are a great way of raising investment, and for investors they are an opportunity to invest in upcoming businesses.

For anyone looking for Sharia compliant investing, VCTs can be a good opportunity to invest in a halal way. Investing in VCTs can be halal, but you have to ensure that the VCT you invest in complies with Sharia rules about investment and financial transactions.

In recent years, as the Islamic finance market has expanded so too has the desire for Sharia compliant VCTs. The Islamic VCT market is innovative and presents a viable alternative to conventional investment models which are not always acceptable to Muslims who want to invest in line with Sharia rules.

Whilst it is always a personal choice as to where investors want to invest, for Muslims there are additional considerations that require them to be mindful of Islamic laws.

Let's have a look at how VCTs work and how they can operate in a halal way.

HOW DO VENTURE CAPITAL TRUSTS WORK?

VCTs work by raising money and then using the funds to invest in new and innovative companies. Usually these companies are innovative and privately owned. The idea is that the investment raised is then used to generate a profit and solid return for the investment.

The company can be dealing in products and services, offering employment opportunities, and/or meeting a need in the economy. The number of companies seeking investment is never-ending.

As an investor in a VCT, the investor becomes a shareholder of the trust. It is important to note that the investor does not become a shareholder of each individual company, rather the investor becomes a shareholder of the trust in its entirety.

Most VCTs will invest in different companies. This enables the VCT to keep its investment portfolio options diverse and spreads the risk. It is always important to ensure you have all the information you need about the VCT before investing.

When the companies within the trust return a profit, this is paid over to the shareholders.

WHAT DO VENTURE CAPITAL TRUSTS INVEST IN?

Most VCTs will invest in new, small, and entrepreneurial companies across a wide variety of sectors. These can include tech companies, retail, clothing brands, food outlets and many more.

Many of these companies will be privately owned, and some of them are quoted on the Alternative Investment Market or the London Stock Exchange.

Different Types Of Venture Capital Trusts

There are some different types of VCTs. What differentiates them from each other is the investment focus and area:

• specialist VCTs : these are VCTs that remain focused on a specific interest and sector. For example, there are VCTs that only invest in healthcare, or retail. Due to the lack of choice and sector diversification, this often means that they can carry more risk.
• Generalist VCTs : these types of VCT are wide-ranging when it comes to investment. They invest in companies across different sectors. The value to the investor is that there is diversification and less risk.
• AIM VCTs : the Alternative Index Market (AIM) VCTs invest in shares issued by AIM quoted companies. The AIM was set up by the London Stock Exchange in 1995 to ensure that there was a market for companies who can't (or won't) meet the demanding requirements for listing on the London Stock Exchange.

Venture Capital Trusts And Tax Advantages

One of the main reasons VCTs are popular is that they offer tax incentives. Investors can take advantage of:

• tax free dividends
• up to 30% income tax relief
• tax free growth
• capital gains tax exemptions and deferrals

WHAT IS VENTURE CAPITAL TRUST TAX RELIEF?

VCT tax relief can be claimed when an income tax return is filed with HMRC.

What this means for investors is that they can end up with a lower income tax bill, or even a refund if they have already paid their tax.

Islamic Finance And Venture Capital Trusts

Remember, one of the most critical elements of ensuring compliance with Sharia law when investing in venture capital trusts is that you need to work with a Sharia aware, and Sharia compliant, financial advisor.

This will ensure that the investment contract AND investment models are both compliant with Islamic finance rules.

Islamic Venture Capital Trusts Vs Conventional Capital Trusts

The main difference between conventional VCTs and Islamic VCTs is that Islamic VCTs must comply with Islamic finance rules relating to finance and financial transactions.

Islamic VCTs need to stay away from any form of investment in non-permissible, or haram, industries.

A very simple example of this would be as follows: a conventional VCT could invest in brewery shares. However, an Islamic VCT should stay away from any alcohol related industry.

Going further, anyone looking to invest in Sharia compliant VCTs should do additional due diligence and ask questions about the company they invest in. Does it operate ethically? Does it have conventional debts on its book that is interest-based? If so, then the VCT is not considered to be halal.

Advantages Of Investing In Venture Capital Trusts For Muslims

As long as the VCT is Sharia compliant, Muslim investors offer a diverse range of investment options. Muslim investors can take advantage of investing in other Muslim businesses and industries.

There are numerous ethical investment opportunities with halal VCTs that are attractive to Muslims. Socially responsible investing is a core principle of Islamic finance and there are VCTs out there that are ethical and socially responsible.

Halal VCTs also offer the potential for job creation with early stage companies. Supporting these businesses mean Muslims can indirectly be helping struggling economies and economic development. This aligns with the Islamic finance principles that relate to promoting economic wellbeing and financial inclusion.

WHAT IS WAKALA?

Wakala is a popular model Islamic VCTs when it comes to raising capital.

Wakala permits the asset manager of the trust (on behalf of the investor) to act on their behalf based on agreed conditions and terms.

Both parties then share the profits generated, and take on the risk of any losses together. This kind of profit and loss sharing arrangement aligns with Islamic finance principles.

Mudaraba And Venture Capital Trusts

When it comes to investing in start up companies, mudaraba is a common model that is used. The mudaraba contract is a contract that enables one party to the contract to bring assets in and for the other party to bring in effort and experience.

This means that investor provides the financing, and the entrepreneur takes responsibility for the day to day management of the trust. The contract outlines the respective responsibilities of each party and the profit sharing arrangement.

As already mentioned, despite the many advantages of halal VCTs, investors need to work with Sharia compliant advisors who can direct them to halal VCTs.

Consulting with knowledgeable advisors means you have specific guidance and adherence to Sharia rules.

Islamic Finance provides a financing mechanism without Riba (interest), Gharar (gross uncertainty) and Maysir (gambling). These three are the key to all economic oppressions, economic imbalances and instability. They give rise to micro and macro risks which impact the overall wellbeing of an economy. Islamic Finance offers alternative structures and products which are free from Riba, Gharar and Maysir. One of these products is Commodity Murabaha.

In minorities where it is difficult to get Shariah compliant working capital financing for SMEs, Commodity Murabaha is an alternative Shariah compliant product and financing mechanism. Commodity Murabaha is the most common Islamic money market tool that is used to provide liquidity in the short-term Islamic money markets. The AAOIFI Shariah Standards, the majority of global Shariah scholars and global Shariah boards approve of Commodity Murabaha if it is implemented correctly with the correct controls to overcome financing challenges. The classical jurists also approved of a Tawarruq or Commodity Murabaha structure. In fact, Mufti Taqi Uthmani has produced a detailed research paper on Commodity Murabaha outlining the views of classical scholars. Ibn Muflih from the Hanbali school, Imam Shafi’i, Ibn al-Humam and Ibn Abidin from the Hanafi schools have all permitted this product and narrate its permissibility from other classical jurists[1].

Working capital financing is used to cover a company's short-term operational needs and not to buy long-term assets or investments. Those needs can include costs such as payroll, rent and inventory and other costs associated with daily operations etc. Practically, business owners who are looking for shariah-compliant working capital financing to cover their short-term operational needs generally prefer entering a Commodity Murabaha Agreement where a fixed profit rate and corresponding deferred sales price instalments is specified in advance. This allows them to finance their growth at a lower cost of capital as compared to for example using profit and loss sharing (PLS) arrangements such as Mudarabah and Musharakah that result in a higher effective cost of capital. PLS arrangements are better suited for business ventures where there is a higher risk of loss. Profit and loss sharing refers to financing whereby parties enter into equity financing arrangements where the financier has a share ownership in the business.Furthermore, a stable business looking to finance their working capital might not want to dilute their ownership through equity financing. Stable businesses will not want to share their upside so would prefer debt-based financing. By doing so, they are happy to protect the financier from the downside and retain exclusivity to the upside. A PLS is favourable where there is greater risk of downside and therefore the business is happy to share the upside.

In the UK, the most direct and common way for a party to obtain working capital is to obtain an interest-bearing loan from a third-party finance provider. Since a conventional loan represents a purely monetary transaction—in essence, the use of money by a party in exchange for the payment of compensation based on the length of usage—this type of loan may not be given or received by Shariah-compliant investors. The Commodity Murabaha product allows Muslims to finance their working capital without being exposed to interest-based financing.

The Commodity Murabaha agreement has been conscripted to fill the void. A customer enters into a Commodity Murabaha transaction not to obtain a physical asset for its use, but to engage in a series of purchase and sale transactions that result in the customer obtaining working capital. In a basic Murabaha transaction, the customer receives assets in return for a deferred payment obligation, and then employs those assets in its business. In a Commodity Murabaha transaction, the customer takes the additional step of selling the assets to a third party for cash, which represents the working capital (or financing for an acquisition, as the case may be) required by the customer. Note that the customer would not necessarily be required to sell the Assets to a third party; it merely is allowed to do so, as owner of the assets. The sale of the assets to a third party is not an element required to make the Commodity Murabaha transaction a valid transaction under Shariah.

To ensure that this product is not a smokescreen for Riba (usury/interest), contemporary Shariah scholars have placed several controls. The AAOIFI Shariah Standard highlights these controls to ensure that Commodity Murabaha aligns with the principles of the classical jurists. These controls are as follows:

1. Different brokers: The trades must involve the market and involve different brokers from the buy and sell side. This ensures that the trades are genuine and that the brokers are selling/buying the asset with an interest in the asset.
2. Real asset :The trades must involve a real asset. A fictitious product cannot be sold. The asset transaction must impact the inventory of the seller and the eventual buyer.
3. Real trades: All the Shariah requirements for trading must be met in terms of valid offer, acceptance, legal capacities of the parties, agreement on the commodity, agreement on price etc.
4. True ownership: The traders should assume true ownership through true sales of the underlying commodity.
5. Possession: The traders must assume possession; either physically, constructively or digitally. This possession must allow them to dispose of the asset or redeem the asset.
6. Correct Sequence: The Commodity Murabaha must be performed in a correct sequence which further establishes and validates all of the above key elements.
7. Discretion to not sell: The traders must have the discretion to not sell and hold. This ensures that the trade is not fictitious.
8. Different agents: The financier should not be the sole agent for all the parties involved in the Commodity Murabaha.

By meeting the above principles, the Commodity Murabaha is a Shariah compliant, asset-backed financing mechanism which aligns with the principles of Islamic Finance. From a micro-economic perspective and for a Muslim minority in the UK context, this product provides a valid Shariah compliant alternative in a system where every corner and every offer are interest-based. An overview of the Commodity Murabaha facility used by Qardus for SME business financing can be found here.

You can contact Mufti Faraz Adam on sharia@qardus.com

[1] Uthmani, M.T. (1998), Buhuth Fi Qadhayah Fiqhiyyah Mu’asarah. Dar al-Qalam