Islamic business financing for SMEs

By
Hassan Daher
x min read

Published

09 Jun 2020
No items found.
Share this
Islamic business financing for SMEs
Hassan Daher
CEO
Founder and CEO of Qardus, the UK's first Sharia-compliant SME financing platform. Hassan is a CFA charterholder and holds a PhD in Islamic Finance.

Commodity murabaha (CM) is a popular structure for Sharia-compliant working capital financing in the UK. The diagram above illustrates the steps involved in a typical CM financing transaction, on the assumption that the SME Customer is obtaining cash flow financing and requires a £100,000 facility from using the Qardus platform. The structure has been developed based on AAOIFI Sharia Standards and the steps involved are as follows:

  • A special purpose vehicle (SPV) acquires non-precious metals from Broker 1 on the London Metal Exchange (LME) for value equal to the financing amount (i.e. £100,000). The ownership of the metals transfers from Broker 1 to the SPV.
  • The SPV immediately sells the metals to the SME Customer at an agreed pre-disclosed mark-up of for example £110,000 (i.e. £100,000 + £10K profit), but on deferred payment terms. The full £110,000 is therefore payable by the SME Customer over an agreed term (i.e. the financing term).
  • The commodity sale is documented in the transaction request and form of offer letter and acceptance of the Commodity Murabaha Agreement. The SME Customer returns to Qardus signed copies of the transaction request and offer letter and acceptance.
  • The SME Customer appoints Qardus as its agent to sell those metals, on the SME Customer's behalf, for £100,000 to Broker 2 on the LME.
  • This appointment is documented in the form of an instruction letter in the Commodity Murabaha Agreement.
  • Broker 2 pays Qardus (in its capacity as agent for the SME Customer) £100,000 for those metals.
  • Qardus remits £100,000 (less any deductions specified in the facility agreement) in cash to the SME Customer. The SME Customer has an obligation, under the terms of the facility agreement, to pay £110,000 to the SPV in instalments (i.e. the financing term).
  • Qardus as the designated security agent in the Commodity Murabaha Agreement obtains, amongst other security a debenture over any property or a personal guarantee from the SME Customer.

Explore more news

Sharia-compliant finance operates within the Islamic finance financial model. What this means is that any financial product or service must adhere to Islamic rules relating to financial transactions.

The increasing popularity of Sharia-compliant finance is being driven by the growth in the global Islamic finance industry. However, many businesses and individuals are looking to Sharia-compliant finance to provide them with ethically based options and solutions. Ethical investors and the growing trend for socially responsible investing means Sharia compliant services are aligning with the values of many people across the world.

Sharia-Compliant Finance

Sharia-compliant finance must have the following qualities:

  • Aligns with Islamic values
  • Prohibition on interest/riba
  • Ethics and morality screening
  • Social responsibility
  • Risk management
  • Profit and loss sharing
  • Ongoing monitoring and compliance
  • Asset backed finance
  • Avoiding speculation and ambiguity

Promoting Inclusion

Sharia-compliant finance is a great draw for ethical investors in the market looking to invest their money in ethical enterprises that promote individual inclusion and diversity. By providing equitable access to financial services, Sharia-compliant finance serves underprivileged communities who may not previously had access to products and services.

The focus on building inclusion and equity through transparency, information, and sharing of profits enables Sharia-compliant finance to promote inclusion.

There are several ways in which Sharia-compliant finance promotes inclusion.

  • Prohibition of interest: the charging or receiving of interest is seen in Islam as an exploitative practice that is unjust and unfair.
  • Avoiding speculation: keeping transactions transparent and equal makes them more inclusive.
  • Ethical investment screening: screening for industries such as gambling and alcohol means that more focus is placed on environmental, social, and corporate governance.
  • Asset backed finance: having transactions backed by assets leads to more clarity and equity between all parties.
  • Risk sharing: this leads to greater inclusion as it removes the respective power of each party when coming into the financial deal. It also means that payments owing to the parties are fair and proportionate.
  • Socially responsible investing: the onus on being socially responsible when investing or managing a portfolio places a responsibility on the investor to be conscious of working with marginalised groups.
  • Sustainability: having a future focus on long term goals is a key element of Islamic finance.
  • Fairness in contracts: Islamic finance emphasises the importance of having fair contracts and contract terms. Parties to a contract should act with integrity, honesty, and mutual consent.

Microfinance In Islamic Finance

Islamic finance recognises the importance of supporting small and medium businesses. Investment in these sectors and industries is encouraged.

Sharia-compliant finance understands that microfinance for small businesses is imperative for growth and sustainability. Often, small businesses can struggle to secure funding and capital. Islamic microfinance offers SMEs a lifeline with Sharia compliant finance solutions that are tailored to the business needs.

For investors, it means they can invest ethically, enabling entrepreneurs to access capital for business growth.

Risk And Profit Sharing

Risk and profit sharing is a key element of Islamic finance. What it means in principle is that partnership models such as Mudarabah and Musharakah are encouraged.

These partnerships enable entrepreneurs and financiers to agree on the terms of any profit sharing in a fair and transparent way.

Community Development Initiatives

Islamic finance encourages community development initiatives through mechanisms that align with Islam. The central principles of social responsibility and ethical investing mean that investors are required to act in a philanthropic way for the greater good of society. The outcome is that society benefits from the actions of the individual.

Sharia-compliant investments are directed towards the type of fund and project that positively impacts society. Investors looking for Sharia compliant investors prioritise investments in sectors that require funding such as healthcare, education, renewable energy, housing, and poverty alleviation.

These sectors have seen huge growth in recent years, so investing in them is often a win for the socially conscious investor and the initiative.

Staying Stable In Volatile Markets

Sharia compliant finance has demonstrated resilience and stability in volatile markets. This is due to its core principles of risk sharing, asset backed finance, and avoiding interest. Ethical investors are not looking for a quick and easy return, instead they want to invest in a stable and ethical sector.

As changes in interest rates affected the global markets in recent years, the Islamic finance investment market remained relatively stable as it is not dependent on interest backed lending or borrowing.

The value of the assets the finance is backed against provides some stability when the market becomes unpredictable.

Global Growth

Islam encourages a long term approach when it comes to investments. The focus is not on immediate profits, but long term sustainability and societal benefit. The principles of sabr (patience) and fairness in Islam mean that ethical investors investing using a Sharia-compliant framework are not always looking for an immediate return on investment. The aim is long term benefits and stable returns.

As the Islamic finance industry continues to grow, so too do the Sharia compliant finance options. Ethical investors from all backgrounds are pushing the drive for ethical and socially responsible investments.

Why Sharia complaint finance is the smart choice for ethical investors
Finance

Why Sharia complaint finance is the smart choice for ethical investors

Sharia compliant finance is proving to be a big draw for ethical investors looking for smart and socially responsible investment options.
Hassan Daher
Hassan Daher
March 2, 2024
x min read

Introduction

Across the world of finance, business, corporate transactions, and investments, adherence to ethical and religious principles is becoming increasingly important. People are actively searching for Sharia compliant venture capital which stands at the intersection of entrepreneurship and Islamic finance.

Not only does Sharia-compliant venture capital support businesses to operate within the rules of Islamic finance, but also ensures that they have adequate funding to innovate and grow.

Sharia-compliant venture capital facilitates and enables ethical growth and investment. What this means in the long-term for businesses is that they can ensure their growth is sustainable and stable.

WHAT IS VENTURE CAPITAL?

In its very basic form, venture capital is exactly what it says it is. It is capital (money) for a venture. It provides essential funds for (usually) start-ups or small and medium-sized enterprises that have potential for growth and want to minimise their debt. The aim of anyone investing in these businesses is to see a good return on their investment.

Investors or venture capital firms that invest in a business provide capital funding in exchange for ownership or some equity in the business.

For Muslims, venture capital is a move away from obtaining funding from banks which offer loans that do not adhere to Sharia principles. Primarily, conventional banks offer loans based on interest calculations and interest is prohibited in Islam.

In addition to funding, some venture capitalists offer advice and mentoring to the businesses they invest in. This can be a great boost for those looking for management expertise. This can come in the form of strategic guidance, access to networks, and business development opportunities. The aim is to accelerate the trajectory growth of the business.

To summarise, venture capital plays a significant role in supporting innovation. Many new businesses can struggle to secure the finance to enable them to grow as they do not have a trading history or record of achievement. Being able to access venture capital means ideas become innovations, and innovations can become successful.

Sharia Compliant Venture Capital

When it comes to Sharia-compliant venture capital we are referring to venture capital that operates within the parameters of Islamic finance. The principles of Islamic finance are based on ethical and socially responsible transactions, and zero interest-based lending.

Unlike the more traditional form of venture capital funds, Sharia compliant venture capital invests in those promising businesses that operate in Sharia-compliant industries. This means Sharia-compliant venture capital cannot invest in industries such as the porn, alcohol, or gambling industry.

More likely is that venture capital funds will invest in industries such as healthcare, sustainability, renewable energy, and education.

Innovation And Islamic Finance


A critical element of Sharia-compliant venture capital is to support and encourage innovation within the Islamic finance ecosystem. What this means for businesses and entrepreneurs is that they can pursue Islamic and innovative ideas whilst ensuring they can access funding in a Sharia compliant way.

One of the key concepts within Sharia compliant venture capital is the concept of risk sharing (mudarabah). What this means is for investors to provide the capital to entrepreneurs who use the money to grow and develop the business idea.

Any profits that are generated are then shared between the parties in pre-agreed terms and ratios. In a difficult and unpredictable economy, it means businesses can access finance and develop their product and services where otherwise they may not be able to.

Ethical Investments And Venture Capital


When it comes to investments, Sharia rules are strict and require that investments are fully halal. What this means is that venture capital cannot be spent on haram activities or industries.

Instead, venture capital investments must be used for ventures that are ethical and that contribute to society in a positive way. Not only does this ensure compliance with Islam, but also ensures that the capital is spent in a way that aligns with Islamic finance and the beliefs of the investor and business.

Islamic Finance And Entrepreneurship

When it comes to Islamic finance, money serves mainly as a medium of exchange rather than a tradable commodity value. For entrepreneurs with innovative ideas, they need the money to be able to scale and grow their idea into a profitable business.

When looking for Sharia-compliant venture capital businesses need to look out for:

  • Mudarabah/ profit sharing: make sure any contract relating to venture capital investment is based on a fair and pre agreed payment ratio (with losses borne by the investor).
  • Musharakah: in this type of partnership arrangement the parties share the profits according to the capital contribution.
  • Advisors: make sure that you have access to a Sharia advisor who can advise on compliancy and ongoing compliance.
  • Investment: any investment should be halal and in halal industries
  • Annual disclosure: check and monitor Sharia compliancy and ensure you have annual disclosure for transparency
  • Regulation: ensure there is a regulatory framework that is rooted in Islamic finance.

Ventures Supported By Sharia-Compliant Capital

Many businesses have been supported by Sharia compliant venture capital. The remit of businesses includes fintech companies, digital, and health care sectors.

For any new business or SME looking for investment, venture capital is often the perfect solution.

Venture capital plays a critical role in many different ways:

  • provides financial resource and financial services
  • supports early stage innovation
  • facilitates experimentation and entrepreneurship
  • provides guidance via the mentorship model
  • offers long term perspective
  • provides capital solutions
  • offers market exposure
  • enables SME to navigate new sectors
  • focus away from the bank to the investor
  • opportunity to scale growth and capital
  • ecosystem and infrastructure development

Future Trends

The future of Islamic venture capital funds looks bright. The Islamic finance market is one of the fastest growing financial markets in the world. Accompanied by technological advancement and the increasing demand for Sharia-compliant products and finance, venture capital funds that adhere to Islamic finance rules will continue to grow.

The demand for ethical venture capital is not only driven by Muslims. There are huge swathes of communities who want to invest in a more socially responsible and ethical way. Not only does this generate sustainable growth, but also supports efficiency and economic prosperity for the long term.

Sharia-compliant venture capital supporting innovation and growth
Finance

Sharia-compliant venture capital supporting innovation and growth

Sharia-compliant venture capital is on the increase as it supports both innovation, growth and entrepreneurship.
Hassan Daher
Hassan Daher
March 2, 2024
x min read

Introduction


Cryptocurrency is essentially a digital currency exchange and digital payments platform that uses blockchain technology. The technological and digital revolution over the last few decades has meant that innovative payment systems have been created and utilised, and cryptocurrency is one of the major breakthrough payment systems for business and personal finance use. Whether or not cryptocurrency is halal or haram is a debate that is ongoing between Islamic scholars.

This article will examine cryptocurrency, Islamic interpretations, and the types of cryptocurrencies available.

Cryptocurrency

Although there are over 2,000 cryptocurrencies on the market now, Bitcoin is probably still the most known form of cryptocurrency in the blockchain market, and was the first cryptocurrency coin to go mainstream but there are other cryptocurrencies entering the market.

For Muslims across the Islamic world, the question arises as to whether crypto payment platforms are deemed to be halal or haram in the eyes of Allah and in accordance with Shariah principles, and whether as a currency it prevents money laundering. Whether or not cryptocurrency is halal or haram depends on the how a specific cryptocurrency aligns with the principles of Islam.

Cryptocurrency - Characteristics


One of the defining aspects of cryptocurrency is that there is no central authority such as a Government that authorises it or records it. Cryptocurrencies operate on decentralised networks using blockchain technology.

Most cryptocurrencies have a limited supply, or at least a capped supply. Transactions are transparent and traceable, but there is also a degree of anonymity of parties. One the main advantages of cryptocurrency is that it offers global accessibility. It can be received anywhere in the world - all you need is an internet connection.

For Muslims, cryptocurrency does tick a lot of the Islamic finances boxes when it comes to transparency and traceability. However, ultimately it is the duty of every Muslim to be seeking knowledge, and this guide will address the use of the cryptocurrency market and its intrinsic value.

This article will consider whether crypto currency is permissible as a form of actual money under Islamic laws and in the Islamic world. We will consider the views of Islamic jurists and scholars on this emergence of what is considered to be new money addressing the question of is cryptocurrency halal.ISLAMIC SCHOLARS INTERPRETATION - IS CRYPTOCURRENCY HALAL?

A comprehensive Islamic law interpretation, one that sparked a massive rise in Muslim investment in Bitcoin and Ethereum in 2018, was provided by Sharia advisor Mufti Muhammad Abu-Bakar (former advisor to Blossom Finance) who looked at the question of is cryptocurrency halal as a money supply. He argued that Bitcoin is permissible under Islamic principles.

Mufti Abu-Bakar considered arguments that crypto itself was speculative when it comes to personal finance, but his view was that all currencies have a speculative element and this did not automatically deem cryptocurrency as haram.

Crypto Currencies


Islamically, if a business does not have an element of appropriate loss probability within its assets is not strictly trading in a Sharia compliant manner. The Grand Mufti of Egypt, Shaykh Shawki Allam believes that cryptocurrency is haram and he is joined by other Shariah scholars from the Middle East and beyond including Shaykh Haitham Al Haddad who see crypto as high risk. Their argument is based on the notion that crypto itself does not hold enough credibility as a currency to be deemed to be halal.

However, many other Sharia scholars believe that crypto itself does confirm to Sharia money rules and Muslims are permitted to invest in crypto.

Islamic scholars who believe that cryptocurrency money and digital assets are halal include Ziyaad Mahomed, Shariah Committee Chairman of HSBC Amanah Malaysia Bhd, and Mufti Faraz Adam. These views lend credence to the notion that Muslims can invest in crypto.

Arguments in favour of crypto being deemed halal include:

  • There is often a lack of riba (interest). Crypto operates on decentralised platforms without any central authority. This usually means there is no interest charged or payable.
  • Crypto is used as a medium of exchange with a legitimate purpose in financial and economic transactions.
  • Technologically, crypto is neutral. Scholars argue that it is the use of the crypto that determines if it is Sharia compliant or not.
  • The fact that crypto is generally thought to be scarce means that it is easier to avoid speculation and uncertainty and this aligns with Islamic finance rules.

Islamic Scholars


As mentioned above, one of the main reasons Islamic jurists and scholars from Muslim countries argue that cryptocurrency is halal, is that the concept of the blockchain and other cryptocurrencies are inherently anti-interest when looked at from a money generation source or perspective. Crypto operates outside of conventional banking systems and interest-based transactions.

Islamic banking laws are also anti-interest so the technology, pricing, and buying and selling of cryptocurrency money is deemed halal by many Islamic scholars who rely on the teachings of Prophet Muhammad PBUH when seeking guidance about permissibility (ultimately, only Allah knows best).

Given that crypto has a finite supply, it is less likely to be subject to inflation. This means it can maintain a fairly stable value - again an important element of Islamic finance.

Crypto Blockchains And Islamic Finance Principles


Blockchains refer to the blocks of technology used to record digital cryptocurrency transactions. Blockchains act as a system of record and the reason this form of technology is so important is that it is virtually impossible to hack, change or cheat the blockchain platform or marketplace.

With the use of blockchain, centralized financial institutions and establishments are not needed as no central control is required. This also means that crypto trading (and the stock market) is more transparent.

According to many Islamic scholars and religious leaders, this addresses the question of is crypto halal within Islamic Finance rules and Islamic law more generally.

As cryptocurrency money is deemed permissible and halal under Islamic Sharia rules this has unlocked the crypto investment market to a global Muslim community with increasing numbers of Muslims with an interest in buying crypto and use it as a form of currency.

In terms of business practices, there are some basic principles (discussed in this article) relating to crypto and cryptocurrency trading that help many Muslims to decide if their entrepreneurial journeys and endeavours are permissible or strictly prohibited.

Consideration And Commercial Value - Is Crypto Halal Or Haram


From the perspective of Islamic contract rules, there must be an element of consideration when answering the question is crypto halal - there must be Mal. Mal refers to possession and effective storage, and cryptocurrencies meet the criteria required as they can be possessed and stored and have commercial value (Mutaqawwam).

Crypto is a real and viable digital asset, its worth and value lies in what is paid for it, and it is capable of being owned and traded commercially so the Shariah requirements are satisfied and the the question of is crypto halal can be answered.

Shacklewell Lane Mosque


The Shacklewell Lane Mosque in East London became one of the first mosques in the UK to accept cryptocurrency donations and Zakat contributions in 2018 during Ramadan. This mosque deemed cryptocurrency halal and permissible and generated a lot of interest on the topic of the permissibility of crypto more generally under Islamic law.

Digital Currencies, Money Laundering And Shariah Law



Islamic finance principles dictates that in order for income, or investing in any product or asset, to be deemed halal it has to meet certain criteria. The principles of Shariah law should be applied to the financial systems we operate in and there has been some discussion amongst Muslim scholars about whether rules devised centuries ago can still be applied to a technologically modern digital financial marketplace.

Whether cryptocurrency is halal or haram centres on the rules of Sharia law.

Is cryptocurrency halal? For many Islamic scholars, the answer quite simply is yes. Shariah principles can be applied to modern crypto analysis and digital currencies as they are based on social justice, accountability and ethics which transcend all forms of financial transactions. As long as there is no illegal activity, then trading or investing in crypto should not be deemed to be contrary to Shariah principles.

Investments, Islamic Banking Law And Illegal Activities


There has been some discussion amongst Muslim scholars around the use of cryptocurrencies for illegal activities such as gambling, drugs, and money laundering. Critics of Bitcoin also argue that it is not legal tender as it is not backed by any central government that assigns its value and maintains regulatory standards, and it is therefore deemed to be speculated trading.

However, Islamically the use of an item that is deemed halal for an unlawful purpose does not make the original item halal. Whether it is halal or haram depends on the multiple factors.

Currency Ownership


Ownership of the currency remains with the owner according to Muslim scholars, and the coins/tokens are kept in an e-wallet. This means that investors can take part in trading as and when they want, retaining control of their assets.

As mentioned above, the publication of the working paper conducted by Mufti Muhammad Abu Bakr clearly identified that cryptocurrency is permissible under Shariah rules.

For Muslims worldwide this could have huge implications for the payment of Zakat monies that are made to the poor and to charities globally. If Muslims make up 25% of the world's population and hold approximately £1.04 billion in bitcoins, this means that £26 million is due in Zakat contributions. [1]

Medium Of Exchange


Cryptocurrency operates as a medium of exchange across the globe. This means that it can operate in legally diverse and unpredictable environments, often making it more accessible than mainstream finance options. It is a valid form of currency that holds purchasing power.

Although vulnerable to market changes, crypto coins such as Bitcoin and Ethereum are deemed to be a legitimate medium of exchange, available for use in transactions and trading. Although crypto has not yet reached the status of being a globally accepted medium of exchange, it is fair to say that it is on the way to becoming so. Commentators expect crypto to appreciate over the course of time and to store value.

Cryptocurrency Guidelines


The development of Shariah compliant cryptocurrency guidelines provides Muslims with the opportunity for ethical investments. From a financial perspective, Islamic charities could benefit hugely from Zakat and other donations as a result of crypto investment.

Many banks and financial establishments globally are recognising crypto as a financially viable medium of exchange, and this makes it easier for investors to continue to trade, buy and sell cryptocurrency.

With billions of Muslims worldwide, and the growth of crypto, it seems clear that what is perhaps needed is some form of shariah compliant cryptocurrency guidelines for Muslims to follow. This would enable Muslims to assess themselves the validity of cryptocurrency when assessed against Islamic finance rules.

Contracts


In terms of whether contracts relating to crypto are Shariah compliant, given that the contractual relationships in crypto are based on smart contracts using blockchain technology, this means that the process can be made increasingly secure and automated.

This not only reduces administrative complexities, confusion and errors, but also ensures that banks are more likely to accept the contractual relationships created.

In demonstrating Shariah compliance, cryptocurrency is earning legitimacy across the Islamic finance world. Cryptocurrency agencies are springing up across the Muslim world such as One Gram in Dubai, and Hello Gold in Malaysia.

This adds further legitimacy to the rulings that cryptocurrency is halal and can be utilised by Muslims and Islamic financial institutions. Of course, there needs to be ongoing discussion to consider is crypto halal as it operated within a dynamic and changing industry.

As the crypto market continues to evolve more questions will need to be asked, and each crypto coin should be analysed against Islamic finance principles to check for permissibility. However, as things stand right now, crypto is recognised as an asset under Sharia law and this lends it legitimacy. The things to be careful of are making sure that any cryptocurrency you are involved in does not link to any haram things and industries or activities or any form of money laundering.

Whilst there is no central body who can make a final ruling on whether crypto is halal or haram, but as there is no element of interest (riba) and no exorbitant fees relating to crypto the interest from Muslims is growing. Crypto can be used within Islamic finance principles to make ethical investments and wealth management in a Shariah compliant way. This could unlock the cryptocurrency investment market to billions of Muslims worldwide who are looking to enter the crypto market as investors.

As the currency is still in its infancy it is important to keep an eye on all new developments and to assess and analyse changes in the marketSource:
[1] https://www.independent.co.uk/life-style/gadgets-and-tech/news/bitcoin-halal-london-mosque-donations...

What is Cryptocurrency - is it halal?
Finance

What is Cryptocurrency - is it halal?

Explore the Islamic perspective on cryptocurrency and why many Islamic scholars have deemed cryptocurrencies to be halal under Islamic finance rules.
Hassan Daher
Hassan Daher
January 26, 2024
x min read

Stay informed on finance

We’ll use your email to send you updates and insights. You can unsubscribe at any time. Read our Privacy Policy to learn how we protect your data.
Group of four young professionals, including a woman in a hijab and three men, standing and sitting in a modern office space.