January 25, 2008
Banks are helping sharia
make a back-door entrance
By Tarek Fatah
The Globe and Mail
It seems only yesterday that Premier Dalton McGuinty declared: "There will be no sharia law in Ontario." Many of us, who witnessed the medieval nature of manmade sharia laws in our countries of birth, heaved a sigh of relief back in September of 2005. We thought this was the end of the attempt by Islamists to sneak sharia into a Western jurisdiction. We were wrong.
make a back-door entrance
By Tarek Fatah
The Globe and Mail
It seems only yesterday that Premier Dalton McGuinty declared: "There will be no sharia law in Ontario." Many of us, who witnessed the medieval nature of manmade sharia laws in our countries of birth, heaved a sigh of relief back in September of 2005. We thought this was the end of the attempt by Islamists to sneak sharia into a Western jurisdiction. We were wrong.
The campaign to introduce sharia is back. Last time, the campaign
took a populist approach, invoking multiculturalism. This time, the
pro-sharia lobby is dangling the carrot of new niche markets and has
the backing of Canada's major banks. Such icons of the corporate
world as Citibank NA, HSBC Holdings PLC, and Barclays PLC have
endorsed sharia banking and have started offering Islamic financing
products to a vulnerable Muslim population.
In May, 2007, The Globe reported that "Several Canadian financial
institutions are preparing sharia-compliant mortgages, insurance,
taxi licensing and investment funds to help serve the country's
fastest-growing part of the population." Recently, the Toronto
Star's business section reported that an unnamed bank may offer
sharia loans as early as this summer; Le Journal de Montreal
disclosed that Canada Mortgage and Housing Corporation(CMHC) was
also getting in on the act. Stephanie Rubec, spokesperson for the
CMHC, said the Crown corporation had launched a tender worth
$100,000 to study Islamic mortgages for Muslim Canadians. Could she
be oblivious to the fact that almost all Muslim Canadians currently
have home mortgages through banks and don't feel they are living in
sin? In fact, CMHC has gone a step further: It has quietly entered
into a partnership with a Saudi company, AaYaan Holdings, to develop
sharia-compliant mortgage-lending systems.
The origin of Islamic banking has its roots in the 1920s, but did
not start until the late 1970s and owes much of its foundation to
the Islamist doctrine of two people — Abul Ala Maudoodi of the
Jamaat-e-Islami in Pakistan and Hassan al-Banna of the Muslim
Brotherhood in Egypt. The theory was put into practice by Pakistani
dictator General Zia-ul-Haq who established sharia banking law in
Pakistan.
Proponents of sharia banking rest their case on many verses of the
Holy Koran that outlaw usury, not interest.
Verses that address the question of loans and debts include:
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Al Baqarah (2:275): God hath permitted trade and forbidden usury;
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Al Baqarah (2:276): Allah does not bless usury, and He causes charitable deeds to prosper, and Allah does not love any ungrateful sinner.
Every English-language translation of the Koran has translated the
Arabic word riba as usury, not interest. Yet, Islamists
have deliberately portrayed bank interest as usury and labelled the
current banking system as un-Islamic. Instead, these Islamists have
created exotic products with names that are foreign to much of the
world's Muslim population. This is where they mask interest under
the niqab of Mudraba, Musharaka, Murabaha,
and Ijara.
Two authors, both senior Muslim bankers, have written scathing
critiques of sharia banking, one labelling the practice as nothing
more than "deception," with the other suggesting the entire exercise
was "a convenient pretext for advancing broad Islamic objectives and
for lining the pockets of religious officials." Why Canadian banks
would contribute to this masquerade is a question for ordinary
Canadians to ask.
Muhammad Saleem is a former president and CEO of Park Avenue Bank in
New York. Prior to that, he was a senior banker with Bankers Trust
where, among other responsibilities, he headed the Middle East
division and served as adviser to a prominent Islamic bank based in
Bahrain. In his book, Islamic Banking — A $300 Billion Deception,
Mr. Saleem not only dismisses the founding premise of sharia and
Islamic banking, he says, "Islamic banks do not practise what they
preach: they all charge interest, but disguised in Islamic garb.
Thus they engage in deceptive and dishonest banking practises."
Another expert, Timur Kuran, who taught Islamic Thought at the
University of Southern California, mocks the very idea. In his book,
Islam and Mammon: The Economic Predicaments of Islamism,
Prof. Kuran writes that the effort to introduce sharia banking "has
promoted the spread of anti-modern currents of thought all across
the Islamic world. It has also fostered an environment conducive to
Islamist militancy."
Dozens of Islamic scholars and imams now serve on sharia boards of
the banking industry. Moreover, a new industry of Islamic banking
conferences and forums has emerged, permitting hundreds of sharia
scholars to mix and mingle with bankers and economists at financial
centres around the globe. In the words of Mr. Saleem, who attended
many such meetings, they gather "to hear each other praise each
other for all the innovations they are making." He gives examples of
how sharia scholars only care for the money they get from banks,
willing to rubberstamp any deal where interest is masked.
No sooner had CMHC announced its plans to study sharia-compliant
mortgages, than an imam from Montreal's Noor Al Islam mosque offered
his services to Canada's banks, claiming Muslims are averse to
conventional mortgages because "it goes against their beliefs," a
claim that would not withstand the slightest scrutiny.
Other academics who have studied the phenomenon have reached similar
conclusions. Two New Zealand business professors, Beng Soon Chong
and Ming-Hua Liu of Auckland University, in an October, 2007, study
on the growth of Islamic banking in Malaysia, wrote: "Only a
negligible portion of Islamic bank financing is strictly
'profit-and-loss sharing' based. … Our study, however, provides new
evidence, which shows that, in practice, Islamic deposits are not
interest-free." They concluded that the rapid growth in Islamic
banking was "largely driven by the Islamic resurgence worldwide."
In the name of Islam, deception and dishonesty is being practised
while ordinary Muslims are being made to feel that their interaction
with mainstream banks is un-Islamic and sinful. As Mr. Saleem asks,
"If Islamic banks label their hamburger a Mecca Burger, as long as
it still has the same ingredients as a McDonald's burger, is it
really any different in substance?"
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Tarek Fatah is author of Chasing a Mirage: The Tragic Illusion of an Islamic
State, to be published by Wiley & Sons in March, 2008.