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Ethical Foundations of the Islamic Financial Industry

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Abstract

This paper examines the ethical foundations of the Islamic financial industry which is strongly criticized for its similarity with conventional finance. In this paper, we argue that this criticism is based on the consequentialist reasoning. The deontological considerations are largely ignored when the focus is on aggregate returns and associated product features. We build an economic model which allows us to examine the implementation of deontological rules in the Islamic financial products along with examining their consequences. We show that the market forces may cause the returns and the attributes of Islamic financial products to converge with conventional finance even though the industry may be adhering to the Islamic deontological rules. We build a model to show that there may exist ‘Epsilon States’ where the deontological rules are followed by the Islamic finance industry, but their impact is not significant. We argue that the source of these ‘Epsilon States’ could be either moral uncertainty or costly monitoring. The presence of these ‘Epsilon States’ enable Islamic financial institutions with weak ethical commitments to create financial products where the deontological rules are followed, but their impact remains insignificant.

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Notes

  1. The most important Islamic law that relates to Islamic finance is that charging an excess on a loan contract is prohibited, while charging an excess on a trade contract is permissible. Much of Islamic financial industry relies on this principal of avoiding charging an excess (or interest) on a loan. Instead they do their financing by changing the process, and involving a real asset, such that the purpose of the loan contract is achieved through a trade contract.

  2. It is important to note while the Islamic finance industry has been operating in the ‘Epsilon State’ which means that the impact of the law is not as significant as it could be. However, it does not mean that the impact of the ‘Epsilon State’ is completely inconsequential. This is evident in the performance of the Islamic finance industry in the 2008 financial crisis, where it performed significantly better than the conventional finance industry. This could be because Islamic laws prevented the creation of certain type of financial products including derivatives which may have been responsible for the financial crisis (Azmat et al, 2020a, 2020b; Chapra, 2011; Khan and Azmat, 2020).

  3. See Chong and Liu (2009) and Khan (2010).

  4. There are two ways to look at the literature on fairness. One is in terms of individual preferences, where the literature suggests that individual have an eversion toward inequity. This means once given the option they would prefer a more even (or equal) distribution to an unequal one. In some experiments it is shown that participants may even be willing to punish unequal distribution at the expense of their own payoffs. The need for fairness is established in the ultimatum games where individuals distribute more fairly and punish unfair distributions (Charness & Rabin, 2002; Diamond, 1967; Fehr & Schmidt, 1999; Harsanyi, 1955). A popular inequity aversion experiment includes an ultimatum game, where two participants, one of whom proposes the split of the distribution and the other responds in terms of accepting and rejecting it. They can share the proposed payoff on the condition that the responder accepts the offer. In case the responder rejects, neither party receives anything. The results of the experiment suggest that there is a high tendency for responders to punish unequal (or relatively unequal) distributions. This punishment at the cost of one’s own payoff is considered as evidence for inequity aversion.

  5. Interestingly the tendency for a fair distribution is also observed in dictator games, where the payoffs are only dependent on the proposer without the possibility of a punishment from the responder. Even in these situations most participants (proposers) showed greater tendency for fair splits. (see for instance Fehr & Schmidt, 1999; Charness & Rabin, 2002; Güth et al., 2003; Engelmann & Strobel, 2004; Cappelen et al., 2015). The evidence in the literature regarding preferences for fairness seems contrary to the standard neo-classical economic models.

  6. Van Staveren (2007) also explains the limitations of the deontological ethics when applied to economics.

  7. Some studies on Islamic finance which suggests that the deontological rules of Islamic finance are not merely rituals the purpose of which is to test its followers or differentiate those who are ethically committed from those who are not. Rather these rules are driven by a greater wisdom to benefit the individual and society. Interestingly, this line of argument while suggesting that the rules should be followed for its own sake also suggests that eventually deontological rules and consequentialist impact are not separable but rather one leads to the other. However, the argument also recognizes that the rules take precedence compared to the consequences. A similar line of argument to reconcile the deontological rules with consequentialist thinking is that deontological rules on average would have positive consequence although during individual occurrences they may not exhibit specific benefits. This is related to the efficiency argument for rules where rules may be economically efficient as it prevents the individual from taxing decision making, although their marginal benefit may not always be greater than their marginal cost. Another line of argument revolves around private and public benefit. That the rules may be necessary and should be implemented for their own sake as they prevent the individual from acting against the public interest during times when it may be privately beneficial for the individual. The ethical commitment to a deontological rule may aid in preventing loss to the society in situations where individual benefit may be significant. Another way to justify the existence of deontological rules and their consequences is that the impact of certain actions may be difficult to compare in terms of consequences. For example, in famous trolley problem, one life is as consequential as many lives, so solving it by a simple calculation may not be meaningful.

  8. From the Maqasid-al-Shariah perspective the purpose of the prayer as given in the Quran is remembrance of God (or God consciousness). So many scholars argue that the deontological rules of prayers should be performed irrespective of whether someone achieves the higher state of god consciousness or not. However, from the perspective of Maqasid-al-Shariah, the higher goal should always be kept in mind. If the person forgoes the higher goal of achieving God consciousness, then hastily performing prayers may itself be a reprimand able act. Our paper further refines and strengthens this point by suggesting that since Epsilon States are likely to emerge in any system of deontological rules, therefore the law makers have to be more mindful of Maqasid al-Shariah the bigger purpose of the law when legislating the rules of Islamic finance.

  9. The ultimate purpose of the Islamic prohibition of Riba is to establish justice. But then it creates deontological rules. Once the rules are created, the deontological rules become important for their own sake as well just because they are legislated by law. If we only focus on the end outcome then there is a challenge of completing ignoring the deontological rules. So for example if remembrance of God is achieved through a mechanism other than prayers then it would be acceptable according to this line of reasoning. However, most philosophical and legal theories of Islam would suggest that the higher purpose has to be achieved by following the means, as means are as important as the end. So the deontological rules have to be followed to achieve the greater good.

    Our paper, however, suggest that relying solely on the deontological rules can create a shortcoming, as there exist states in following any set of deontological rules where there can be a decoupling between the rules and the end outcome. This may create a scenario where the actions may become completely devoid of the consequences. So rules have to be followed in light of the higher purpose of Islamic law.

  10. In a loan contract there is a possibility that the borrower might default. Borrowing is an inter temporal decision where the person is trying to maximize returns based on some uncertainty about future cash flows. In a trade transaction, the individual has to manage the benefits or returns in the presence of cost both of them are certain and clear to the decision maker. On the contrary in a debt contract the profits are uncertain, but there is state of the world where the person might bear large losses. So in the simplest terms a trade contract in the presence of perfect information is a mutually beneficial contract which means that they parties would participate if they are better off than not participating in the moment. On the contrary a debt contract is a future contract which has greater risk, meaning that the profit and losses are realized in the future. Since the person has to return the money, irrespective of the state of the world, there is a possibility of the loss making state in the debt contract. Although there is also the possibility of the gains state and in the efficient market the expected gains should outweigh or at least equal the expected losses. This means that the state of the world can actually occur where the person might bear losses more than the equity of the person. There might be claims which the person might not be able to payback. While there is the disutility of losing out the original wealth in an equity contract, there is the possibility of losing out much more than one possesses (or would have put aside for business makes it a challenging contract). The individual decision maker rather than evaluating actual gains and losses evaluates expected gains and losses.

  11. In the presence of default, those with access to better quality collateral can ensure the payment of the principal. Richer borrowers with collateral would be charged a lower rate than the poor borrowers. This makes the contract procedurally unfair in our model. The fact that the needy and poor borrowers may also be charged a higher rate also contributes to procedural unfairness.

  12. The early scholars of Islamic finance had criticized Riba and the modern banking system by referring to the fact that it results in distributive injustice because the borrower pays a lower amount to the bank and hence the depositors.

  13. We have not incorporated time in the model but the trading model is such that the buyer (or the borrower) has to payoff the price to the seller (or lender) irrespective of the state of the world. This is given by Equation below.

  14. Not that one of the difference between a spot trade and the credit contract is the discounting based on time which would change the optimal rate and profit but would not alter the impact of market power in changing the prices.

  15. The intuition behind the result is rather simple, the core objective of any financial arrangement is profitability. In a competitive market, eventually all business and returns on products should converge to capture the opportunity cost of the lender or seller (producer). Assuming risk neutrality, the expected return in all kinds of investment would be the same. Therefore, any difference between returns may be an outcome of market power. So the question of average distributive fairness cannot be achieved through changing the underling product. But then the question arises what is the purpose of the rules. If the market can always bypass these rules or if whatever rule can be bypassed to achieve the similarity of outcomes. So in that case interest or equity would be equal, the difference is one of market rigidity, not the structure. There is nothing inherent in the structure. If the information is complete, monitoring is costly and people make good choices. In the literature, there is nothing about the structure which makes anything good or bad, as long as the market is efficient. The market would be price any structure fairly and show the best outcome.

  16. The contract is procedurally unjust. Here T captures the degree of the aversion toward procedural injustice. The society may tolerate some level of procedural injustice.

  17. In societies where the probability of the contract $$\left(1-{P}_{1}-{P}_{2}\right)$$ is high the element of procedural injustice is likely to kick in. One of the reason in the historical societies is that the caricature of Riba was present which was because of the probability of failure was high. The question of procedural justice arises during a financial crisis.

  18. If the regulator charges this additional cost as a tax from the society in the name of upgrading the legal system even then this is welfare reducing because amplified harm which before came from the financial product now comes in the form of tax.

  19. This is shown by the comparison of individual benefit before and after bearing the search cost of ‘Epsilon State’, Appendix C.

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Correspondence to Saad Azmat.

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Appendices

Appendix A

Regulator estimates social welfare under act-based sanctions as follows:

$$ W = \mathop \int \limits_{{pf}}^{{\text{B}}} \left( {b - \sigma h} \right){\text{dG}}\left( b \right) $$

Solving the welfare function, we get the following:

$$ W = \left[ {\frac{{b^{2} }}{2} - \sigma _{g} hb} \right]_{{pf}}^{{\text{B}}} $$
$$ W = \frac{{{\text{B}}^{2} }}{2} - \frac{{pf^{2} }}{2} - \sigma _{g} hB + \sigma _{g} hpf $$

Individual’s punishment f should be such that it maximizes social welfare. Thus, we take FOC w.r.t f.

$$ \frac{{{\text{d}}W}}{{{\text{d}}f}} = - pf + \sigma _{g} h = 0 $$
$$ pf = \sigma _{g} h $$

Appendix B

Social welfare with cost of identification and monitoring of ‘Epsilon States’ and with the known probability of ‘Epsilon States’ is as follows:

$$ W = \mathop \int \limits_{{pf}}^{{\text{B}}} b - \left( {1 - \lambda } \right)\sigma h - \lambda \sigma \left( {h + \varepsilon } \right) - \alpha C~{\text{dG}}\left( b \right)~~ $$

Firstly, we solve welfare function 1 as follows:

$$ W = \left[ {\frac{{b^{2} }}{2} - \left( {1 - \lambda } \right)\sigma hb - \lambda \sigma \left( {hb + \varepsilon b} \right) - \alpha Cb} \right]_{{pf}}^{{\text{B}}} $$
$$ = \left[ {\frac{{b^{2} }}{2} - \sigma hb - \lambda \sigma \varepsilon b - \alpha Cb} \right]_{{pf}}^{{\text{B}}} $$

Opening limits now,

$$ = \frac{{\text{B}^{2} }}{2} - \frac{{\left( {pf} \right)^{2} }}{2} - \sigma h\text{B} + \sigma hpf - \lambda \sigma \varepsilon \text{B} + \lambda \sigma \varepsilon pf - \alpha C\text{B} + \alpha Cpf $$

Now, we take the derivative of the above equation w.r.t f.

$$ - p^{2} f + \sigma hp + \lambda \sigma \varepsilon p + \alpha Cp = 0 $$
$$ p^{2} f = \sigma hp + \lambda \sigma \varepsilon p + \alpha Cp $$
$$ pf = \sigma h + \lambda \sigma \varepsilon + \alpha C~ $$

Appendix C

The benefit of an individual lender when the price ceiling is \({m}_{e}^{*}=(1+c)f\) can be determined as follows:

$$ \mathop \int \limits_{{pf}}^{{m_{e}^{*} }} b{\text{dG}}\left( b \right) $$
$$ = \left[ {\frac{{b^{2} }}{2}} \right]_{{pf}}^{{s^{*} }} $$
$$ = \frac{1}{2}\left[ {(m_{e}^{*} )^{2} - (pf)^{2} } \right] $$
$$ = \frac{1}{2}\left[ {\left( {\left( {1 + c} \right)f} \right)^{2} - (pf)^{2} } \right] $$
(41)

The benefit of an individual lender when the price ceiling is \({m}^{*}=(1+c)f+\varepsilon \) can be determined as follows:

$$ \mathop \int \limits_{{pf}}^{{m^{*} }} b{\text{dG}}\left( b \right) $$
$$ = \left[ {\frac{{b^{2} }}{2}} \right]_{{pf}}^{{m^{*} }} $$
$$ = \frac{1}{2}\left[ {(m^{*} )^{2} - (pf)^{2} } \right]~ $$
$$ = \frac{1}{2}\left[ {\left( {\left( {1 + c} \right)f~ + \varepsilon } \right)^{2} - (pf)^{2} } \right]~ $$
(42)

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Azmat, S., Subhan, M. Ethical Foundations of the Islamic Financial Industry. J Bus Ethics 180, 567–580 (2022). https://doi.org/10.1007/s10551-021-04882-5

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