Is the recovery loan scheme Sharia-compliant?

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:

1. 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.
2. 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.
3. 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.
4. 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.

Starting a new business requires an investment of time, energy, commitment, and money. For any small business or startup company, the financial investment is what converts the original concept and elevates into a running business. However, securing the required finance to get your startup off the ground can be difficult, especially when the venture capital market is unpredictable or saturated. Funding is central to ensuring that the business can begin its operations, and it has the cash flow to pay for wages, suppliers, and equipment.

Money can often be one of the main limiting factors that prevent businesses from getting off the ground or launching properly. Many business beginners will not have access to the financial sums needed to build and expand their business. An injection of cash into the business means that it can start earning more quickly, and any profits can be reinvested into the business, thereby facilitating growth and profits.

Startup Businesses

Startup businesses can face many challenges when launching. Money can often be a barrier for new startups that can become overwhelmed with the costs of starting a business from scratch. Businesses that are new also find it difficult to attract investors or equity investments from private investors as they have no track record showing their performance levels.

New startups and small businesses may also find it difficult to raise funds via loans in the traditional financing route. Banks want to have a lot of information to support any application for funding, and many of them are more risk averse when it comes to small businesses and startups. This means that unless these businesses have personal savings to use, they can find it difficult to launch their business.

Sources Of Business Funding

Whilst there are some different options out there for those looking for startup funding, it is important to note that funding is dependent on many different factors. These can include the following:

• The strength of your idea
• The level of market research you have undertaken
• Leadership and their business ethos
• Early traction and users of your business
• Good advisors

Once you have a unique idea with a clear target market, and have considered all the points above and worked to strengthen them, you should be in a position to look for funding sources. Government statistics show that UK startups raised almost £2 billion of funding in 2021.Some common sources of business investment include the following:

• Banks
• Government lending schemes
• Grants
• Equity finance
• Angel investors
• Venture capitalists
• Business Partners
• Friends and family
• Savings

Let's have a look at the above in a little more detail.

BANKS

Commercial lenders have always been one of the more traditional routes to securing funding for businesses. Bank loans are an effective way of securing money and come with repayment terms you are familiar with. However, banks will always require some form of security and this can be prohibitive for new startups and smaller businesses who lack the security banks might require.

Securing financing through banks is far easier for established businesses than it is for new and startup companies, especially in unpredictable economic markets such as the one we have seen since the Covid-19 pandemic. This is one of the main reasons startups tend to look at alternative funding sources for their ideas.

GOVERNMENT LENDING SCHEMES

Government lending schemes are usually run in collaboration with banks and commercial lenders. You can find schemes that offer a percentage of the funding with the banks meeting the remaining funding required. Government lending schemes are a great source of funding as the terms are often far less stringent than those normally associated with commercial banks. The loan amounts for government schemes can vary depending on the type of business so always make sure you read the information carefully before you make an application.

GRANTS

Grants from the United Kingdom government tend not to be repayable but you should always check to see what the terms and conditions state. Grants are a great source of funding for small businesses as they can provide an essential cash injection. However, remember that grants usually require a detailed application that needs supporting information, and you need to be able to provide the information as quickly as accurately as you can. Grants are competitive and fiercely fought over so always make sure your application is the best it can be. You should also check to make sure that the grant does not require you to hand over any shares in your businesses, and what the time frame for using the money is.

EQUITY FINANCE
Equity financing refers to an arrangement whereby an investor invests in your business and in return they are given equity/ shares in the business. If the business makes profits, then these profits are shared in accordance with the equity arrangements, and if the business fails then there is no return of the funds to the shareholders who invested. It sounds simple, and in practice it is a simple give and take relationship. However, it can be difficult to find the right equity investor for your business.
ANGEL INVESTORS

Angel Investors are usually wealthy investors who have the funds to provide to small or startup businesses in return for business equity, or shares. Angel investors tend to use their own net worth in order to fund projects in a private equity type arrangement. Angel investors tend to invest their finances in smaller or startup businesses for minority stakes, rather than investing in large businesses where their financial impact is lessened. They also typically invest their experience and knowledge in the business to enhance its success and are usually involved in multiple ventures at the same time.
VENTURE CAPITALISTS Venture capitalists tend to favour larger businesses with high growth predictions. In return for their investment, they receive an equity stake. Unlike angel investors, venture capitalists do not use their own personal funds, but instead they use an investment fund to finance projects and businesses. Venture capitalists focus their investment within industries such as technology, life sciences, and digital media.

BUSINESS PARTNERS

Having a business partner is a smart idea for any new startup. Not only does it mean that you have a partner to share ideas and concepts with. It also means that you have support when it comes to financing, operating and managing the business. Many business partners have a finance background and provide analysis and support to the business, becoming a trusted advisor. For a successful business partnership, you need to have a mutual vision for the business, commonality, and compatibility.
FRIENDS AND FAMILY

Although this may seem like an easy and obvious funding option, using friends and family as a source of investment can be problematic. Unlike borrowing from a bank, taking money from friends and family does come with a lot of additional stress and pressure. However, if you do have friends and family that believe in your business vision and want to invest this can be a good source of raising money quickly. Of course, with new ways of network funding such as crowdfunding and patreon, there are different ways of using your own networks to secure funds.
SAVINGS

Many new entrepreneurs struggle to secure funding and dip into their own savings. This can be risky as there is no guarantee that your business will succeed and you will recover your savings. Using savings might be one of the easiest ways to finance your business, however you may not have all the funding you actually need. Also, the UK business industry is heavily regulated so it is not simply a case of putting your savings in and being able to take them out when you want. Business laws, regulations and guidelines dictate how business finance operates so make sure you have this knowledge before investing your own savings.

What To Do Before Seeking Funding

These are the steps you need to take before you seek our funding options and sources:

1. Business plan - make sure your business plan is robust and refined. It should include a summary, a pitch, forecasts, income and expenditure predictions, business process, scalability, market research and strategic management strategies, and projections.
2. Accountant - it is essential that you have a good accountant on board so that your financial planning and business service economics planning is robust and considered. A good accountant will help you throughout your business's growth and can provide you with important information about the valuation of your business, taxes, and financial obligations.
3. Credit scores - check your scores and improve them if you need to. In fact you should get all your personal finances in order.
4. Consider the range of financing options available to you and narrow down the ones that apply to your business.
5. Perfect pitching - prepare your pitch and practice it. Remember, if you don't know your business inside out then it is likely that any potential investor could lose interest. Your pitch does not have to focus on sales or products, but it must be convincing and provide real time information.
6. Create a website and start networking and sharing your ideas on various platforms, sharing and gathering data, and building momentum for your idea. Your first customers will probably come from word of mouth or networking so get to work as soon as you can.

If you're a business owner unsure about what's your best option for an unsecured business loan, you're not alone in being uncertain. On the face of it, there's an overwhelming choice of business loan providers, along with many different types of loan. How do you know what's right for you?The last thing you want is to sign up to a finance agreement only to discover:

• It costs you more than you expected.
• It's not as flexible as you hoped.
• You can't repay early without paying penalties.

To avoid problems like these, it pays to plan ahead and to assess your options carefully.Here are some alternative forms of business finance, not all of which are unsecured loans.

The traditional business loan from your bank

Years ago bank managers were open to taking a risk on lending money to business owners. But as layers of regulation have been added over the last few years, the historic banks have become more cautious about who they will support by providing finance. Even opening a business bank account is much more difficult than it used to be.

While regulation provides important protections to both finance providers and borrowers, the historic banks often add to this bureaucracy with their own internal processes and requirements. While these loans are usually unsecured, the bank wants some form of personal guarantee from the directors.

That said, every year businesses raise working capital by borrowing millions of pounds from the long-established banks, usually through fixed-term loans.

Borrowing from your friends and family

For many business owners, particularly those launching a new business, friends and family are the initial source of finance. This has its advantages, including:

• Often at a lower cost than a commercial rate of interest.
• Repayment options can be more flexible.
• Any interest or fees are kept inside your friends and family community.

While this approach offers a host of benefits, there are also potential risks to this informal approach to business finance. The lender could suddenly need some or all of their money back to cover an unanticipated need, or the business may not be able to meet the agreed repayments.

Personal relationships between friends and family can be put under pressure through these arrangements, if they are not managed well or if the business fails to perform as expected.

Asset finance

You could fund the purchase of a specific business asset - such as a building or a vehicle - using asset finance. This is a loan that's linked specifically to that asset and is usually secured against it. Should you fail to make the agreed repayments, the lender has legal rights to recover some of their money by taking control of the asset.

Secured loans, such as these, often take a little longer to set up because the process needs to include valuation of the asset and preparation of additional documentation. Your business can also use asset finance to release capital from an asset it already owns. Many finance providers are willing to advance cash against the value of an asset, even when it's been in use for a while.

The funding is repaid from future income that asset helps the business to generate.

Invoice finance or merchant cash advances

Both invoice finance and merchant cash advances are methods of boosting your working capital based on the value of your sales. Rather than receiving a lump sum of cash, as you do with a loan or similar form of finance, you get a rolling injection of smaller amounts of cash, in line with your sales. As turnover grows, the value of these injections can grow.

Invoice finance is suitable for businesses that sell on credit. When you raise an invoice that's due in, say, 30 days, the invoice finance provider pays you a high percentage of the value of the invoice. You benefit by effectively being paid a few weeks in advance - which improves your cashflow.

A merchant cash advance is more appropriate where you sell a considerable amount through credit and debit cards. You can get an advance based on the level of card sales you've enjoyed in the past.

Both these forms of finance help to improve your cashflow, but they're not designed to raise the large amount of capital you may need to invest in a new business growth project.

Investment finance

Whether it's through an angel investor, or venture capitalists, or some other arrangement, investment finance is where someone puts money into your business in return for a share of ownership. This means it's not a business loan, but typically a longer-term commitment with the intention of helping you to grow the business.

The finance may come with additional support, such as business advice and mentoring from someone with greater experience.

The investor typically expects to get their money back, and more, when the business has grown in value and their share is worth more. This may occur when you sell the business, which allows all the investors to capitalise on the money they put in.

The benefit of investment finance is that there are often no regular repayments to budget for, and the cash could come with additional support. The downsides include the dilution of ownership, and the possibility that the investor wants some element of control over how the business is operated.

Crowdfunding

The digital revolution has made it much easier for businesses to raise finance from the wider community, through crowdfunding hubs. These hubs allow people to invest often a relatively small amount of capital into a project. These amounts are aggregated together, giving the business a sizeable fund it can invest in growth.

Crowdfunding comes in various forms. It's popular with startups, particularly those who can establish a connection with a community of people interested in seeing particular ideas turned into viable products, such as video games or new technologies. Peer-to-peer funding networks also work on crowdfunding principles, but are generally more structured and offer more protection to those putting their money in.

Unsecured business finance from Qardus

If you're a business owner, if that business is profitable and if you're serious about growing it, we want to hear from you.

We've supported a wide range of businesses through our unsecured finance product. It's a community-based alternative to an unsecured business loan, and it's rooted in an ethical approach to commercial finance.

If you're considering taking out a business loan and you're open to exploring something that gives you all the same benefits and flexibility, and is also competitively priced, please get in touch with us today.