The leading promoter of Sharia banking in Canada, UM Financial Inc. has gone into receivership without much fanfare. None of the nation's newspapers have bothered to report the development, despite the fact it could possibly affect hundreds of homeowners. Had it not been for a tweet by an affected Muslim homeowner looking for a lawyer, the story of UM Financial going broke would have escaped even the scant attention the news received on social media.
Tweeting under the username @UM_FinanceBROKE, the tweeter wrote:
"Sorry Toronto Muslim Homeowners, I have bad news. I just learned UM Financial is Bankrupt. I need a good Canadian lawyer"
The troubles at UM Financial did not come overnight. As far back as April 2007, the Toronto Star reported on the company's liquidity problems. The Star wrote that Omar Kalair, the founder of UM Financial, "is working hard to maintain on-going sources of funding." Kalair disclosed that the Credit Union Central of Ontario had extended an additional $50 million to the Sharia banking promoter, and "that will keep us going until the summer." Apparently, this month the money ran out and UM folded tent.
The consequences of this bankruptcy may effect thousands of Muslim homeowners. Leading up to the bankruptcy, there were quiet rumblings of discontent in the community. One indignant Muslim homeowner wrote to the Toronto Star:
"In the name of Shariah-compliant mortgages they charge extra fees... After accepting and approving our application, they refused us financing just a week before the closing of our home, thus putting us into great trouble... This last-minute refusal made us get a mortgage from an alternate source at a higher interest rate and spend an extra $2,500 for moving costs and living in a hotel with the entire family for one week."
What is Sharia Banking?
Most Canadians are aware how Premier Dalton McGuinty nixed the idea of introducing Sharia law into the Ontario Family Act and the subsequent failed attempt by John Tory's Conservatives to fund Sharia-based private Islamic schools, but few are aware of how Sharia is being sneaked into our financial system.
While Sharia-style family law was essentially promoted by imams and the mosque establishment, Sharia-based banking is being promoted by well-heeled Muslim bankers and investment lawyers, who are driven not by teachings of the Prophet but the lure of profits.
The Globe and Mail reported in May 2007: "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."
This push from Muslim banking executives working inside the corporate world has had some success. Most big Canadian institutions are treading carefully, and not all are jumping on board. The Globe reported that while the Royal Bank of Canada "quietly tested a Sharia finance product a few years ago and didn't find enough market interest," other Canadian banks, smelling easy pickings, are lining up to wear the Islamic mantle. Sources say Scotiabank and Toronto-Dominion Bank have been quietly considering whether to start offering Sharia-compliant products as part of the big banks' strategy to reach out to what the newspaper referred to as a growing "immigrant population."
This was a politically correct way to describe Muslim immigrants as I doubt very much if Hindu, Sikh, and Chinese "immigrant" Canadians are excited at the prospect of Sharia banking.
While Canada's banks were salivating at the prospect of reaching this supposedly untapped niche market, it was UM (United Muslim) Financial Inc., a Muslim-owned financial institution with strong marketing and social links to many Islamist events in Canada that took the lead and lost.
So what are the origins Sharia banking, and why should Canadians be worried about its intrusion in our financial sector?
Origins of Sharia Banking
Islamic banking traces its roots to 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 Maududi of the Jamaat-e-Islami in Pakistan and Hassan al-Banna of the Muslim Brotherhood in Egypt. While these two pillars of the Pan-Islamist movement propagated jihad and war against the West, they also recognized the role international financial institutions could play in carrying out their political objectives.
Since 1928, when it was created, the Muslim Brotherhood has placed a high emphasis on the creation of a so-called Islamic economic system. Banna and his successor Syed Qutb even laid down principles of Islamic finance. Millard Burr and Robert Collins in their book Alms for Jihad claim that the Muslim Brotherhood watched, waited, and learned the management of money that was essential to finance a worldwide organization devoted to spreading their Islamist ideology.
But the theory was only put into practice once the U.S.-backed Pakistani military dictator General Zia-ul-Haq overthrew the government of Z.A. Bhutto and established Sharia law in Pakistan, forcing the country's public-sector banks to run their operations based on Islamic principles and without the role of interest.
Two senior Muslim banking experts-turned-authors have written scathing critiques of Sharia banking: Muhammad Saleem has labelled the practice as nothing more than deception, while Timur Kuran has suggested that 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 former president and CEO of Park Avenue Bank in New York. Before 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, Saleem not only dismisses the founding premise of Sharia and Islamic banking, but says, "Islamic banks do not practice what they preach: they all charge interest, but disguised in Islamic garb. Thus they engage in deceptive and dishonest banking practices."
He writes:
"Proponents of Islamic banking say that Islam bans all interest. But an understanding of pre-Islamic and Islamic history and keeping in mind the context would lead one to conclude that what the Quran bans is usury, not interest. Usury can be defined as interest above the legal or socially acceptable rate. Phrased differently, usury is the exploitative, exorbitant interest rate."
While Saleem goes to great lengths in exposing the intellectual dishonesty surrounding the marketing of Sharia-compliant banking, professor Timur Kuran, who taught Islamic thought at the University of Southern California, mocks the very idea.
In his brilliant book Islam and Mammon: The Economic Predicaments of Islamism, Kuran writes:
"There is no distinctly Islamic way to build a ship, or defend a territory, or cure an epidemic, or forecast the weather." He says 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."
Secondly, were these banks able to promote economic development in the Muslim world? In the words of Saleem: "Sadly, the answer is a resounding no. There is absolutely no evidence that the Islamic banks have made any contribution in either of these two areas."
The fact is that China and India, two countries that have had some measure of success in alleviating poverty and enhancing development, have outpaced all the Muslim countries put together despite their enormous natural resources and strategic locations. Shariah banking may not have alleviated poverty or generated economic development, but it has been a boon to the mullah class on one hand and, on the other, to the yuppie Muslim bankers and investment lawyers who have created a niche for themselves at the expense of the larger Muslim masses.
Saleem, who saw the functioning of Islamic banking from the inside, writes:
"In promoting the establishment of Islamic banking, the Sharia scholars have played a critical role. Lacking any knowledge of banking, economics and for many even Islamic history, in interpreting riba, they have confused interest with usury.... Secondly, as Sharia advisers to Islamic banks, they have blessed many transactions as Islamic--meaning non-interest bearing -- when in fact they are clearly charging interest, but interest payments are masked."
Dozens of Islamic scholars and imams now serve on Sharia boards of the banking industry. If Canada's TD Bank, BMO, and RBC join the league, it will be interesting to see how the ultra-left Trotskyite allies of the Islamists view their partners hobnobbing with the bankers atop Toronto's TD Tower.
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 Saleem, who attended many such meetings, they gather "to hear each other praise each other for all the innovations they are making."
There are at least five international conferences every year, including in Toronto, and these have been going on annually for the past 25 years. Saleem estimates that the cost of each conference exceeds $2 million and so far more than $200 million has been spent just keeping the Sharia banking circuit alive.
He cites one example of how Sharia scholars only care for the money they get from banks, and are willing to rubber-stamp any deal where interest is masked. Saleem describes one such incident as "comical":
"I have first hand seen comical cases where the Sharia scholar of an Islamic bank only spoke Arabic, but a lending officer only spoke English and Urdu. A particular financing transaction was structured in English with such terms as x% over LIBOR. So we had an interpreter who would translate from English to Arabic, explaining this convoluted transaction to the Sharia advisor. It was at times painful and other times comical to watch the proposal being presented to this religious scholar for his blessings to ensure that it was consistent with the principles of Sharia. The "Sharia scholar," elderly and partly deaf, had little experience in modern banking and finance. However, mindful of the fact that the bank was paying him a generous retainer, he gave his blessing to the deal, after being fully made aware that the bank wanted to do this deal, even though from the look on his face it was obvious that he could not tell the difference between a trade deal and a leveraged buyout transaction."
In the name of Islam, what amounts to deception and dishonesty are being practiced while ordinary Muslims are being made to feel that their interaction with mainstream banks is un-Islamic and sinful. As the Muslim banker asked:
"Through various devices -- mostly cosmetic -- [Islamic] banks end up with virtually no risk. 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?"
To the Muslim homeowner who out of solidarity with an Islamic institution seeks the help of UM Financial, the cost of owning a home becomes substantially more than what he or she would have to pay if they went through a conventional bank.
As the Toronto Star revealed, "the purchaser... pays a monthly rental fee equivalent to a mortgage fee. (If the mortgage interest rate is 5.5 per cent, the UM Financial/CUCO rental rate is 6.1 per cent.)"
Muhammad Saleem laments the fact that few people are exposing the deception of this exercise in the name of Islam. "We should be able to point out the failures and shortcomings of Islamic banking and economics without being accused of being anti-Islamic," he says. Perhaps Scotiabank, RBC, BMO, and the Office of the Superintendent of Financial Institutions will pay heed to this former banker's words of caution.
The Sharia-banking charade is a sad indictment of the Muslim community. Islamic banking is not some resurrection from a golden period -- it is a 20th century creation that flies in the face of reason, logic, and the spirit of Islam, yet it is being thrust on us for no fault of ours.
Islam's essence is its quest for equality and social justice. Muhammad Saleem says that any banking or economic system that purports to be "Islamic" -- including the current crop of Islamic banks -- should answer two questions: By supposedly staying away from interest and sharing risks with their clients, were they able to help make the economic system more just, fair and equitable, and honest?
The proponents of Sharia banking rest their case on many verses of the Holy Quran, which in their interpretation outlaw any business or personal financial transaction involving interest. There is no unanimity among the Muslims who, in voting with their feet and chequebooks, have overwhelmingly rejected banks that operate in a supposedly interest-free environment.
Most Muslims can see through the fog of deception, but we are a billion strong worldwide, and even if a small minority falls prey to the Islamist propaganda, there is lots of money to be made.
Quranic verses that address the question of the role and the question
of loans and debts include:
Al Baqarah (2:275): "God hath permitted trade and forbidden usury.Those who after receiving direction from their Lord, desist, shall be pardoned for the past; their case is for God [to judge]; but those who repeat [the offence] are companions of the Fire: They will abide therein [forever]."
Al Baqarah (2:276): "Allah does not bless usury, and He causes charitable deeds to prosper, and Allah does not love any ungrateful sinner."
Al Baqarah (2:278): "O you who believe! Be careful of (your duty to) Allah and relinquish what remains [due] from usury, if you are believers."
Al Baqarah (2:280): "If the debtor is in a difficulty, grant him time Till it is easy for him to repay. But if ye remit it by way of charity, that is best for you if ye only knew."
Al Nisa (4:161): "And their taking usury though indeed they were forbidden it and their devouring the property of people falsely, and We have prepared for the unbelievers from among them a painful chastisement."
Ar Rum (30-39): "And whatever you lay out as usury, so that it may increase in the property of men, it shall not increase with Allah; and whatever you give in charity, desiring Allahs pleasure--it is these [persons] that shall get manifold."
From these Quranic verses it is abundantly clear that the Quran is addressing the rich money lenders to show compassion towards the borrower and give him or her more time to pay back the loan. In fact the Quran suggests to the lender that it would be far better if the money lender forgave the loan altogether.
To suggest that the onus of complying with Sharia rests on the weaker borrower is obscene and against the spirit of equity in Islam. I say this because what the imams and self-styled scholars of Sharia banking are proposing makes it easy for the wealthy to be pious simply by not having to do anything, while the poor who need to borrow are told to stay away from banks that lend.
Once more we see an example of Islam attempting to bring justice to the poor while Islamists make it difficult for the poor to access funds they don't have.
Today, owners of Islamic banks are billionaires -- the practitioners of Sharia banking are among the richest men in the world, while the vast majority of Muslims still struggle to eke out a living beyond one dollar a day. Sharia banking fattens the bottom lines of the imams, the bank owners, and the lawyers who pull out their best to Islamicize anything that sustains their handsome hourly rate.
Every translation of the Quran into the English language has rendered the Arabic word riba as "usury," not "interest," yet Islamists have deliberately portrayed bank interest, the cost of borrowing money, as usury. For Islamists, there should be a cost to renting a car and renting a DVD, but when renting money for a period of time, there should be no cost of this capital. Instead, Islamists have created exotic products with names that are foreign to much of the world's Muslim population
This is where interest can be masked under the niqaab of Mudraba, Musharaka, Murabaha, and Ijara, Arabic names given to various banking products to make them appear Islamic.
Whereas interest is the charge for the privilege of borrowing money, typically expressed as an annual percentage rate, usury is the practice of lending money and charging the borrower interest, especially at an exorbitant or illegally high rate.
UM Financial is in receivership, but that does not mean the end of Sharia banking in Canada. Far from it. There is just too much money to be made at the expense of a vulnerable and naive community for mainstream banks to not pay attention to their Muslim executives who are promoting this business. There are dozens of Western banks that have partnered with Arab Banks in this profitable ventrure where the depositor gets no interest on his or her deposits, yet pays 50 points above the market interest rate on their mortgage, as a supposed act of piety to please Allah, but in fact ends up enriching the banks.
Follow Tarek Fatah on Twitter: www.twitter.com/TarekFatah
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Here's a great article on the topic, "Compound Interest: Financial Weapon of Mass Destruction":
http://www.alislam.org/egazette/articles/Compund-Interest-200903.pdf
Whether you agree with the solution or not, you'll have to admit to the glaring problem.
1. Riba does not necessarily refer to present day "interest".
2. Riba is usuary, and only when it exploits a class of people. Today's interest does not, unless there are credit card interests that are like 20%, for then, it is exploitative.
3. Islamic banking is a fraud.
The fact of the matter is that even Prophet's close companion, the second caliph, Umar, wished that the Prophet had had the time to define Riba.
So, we are left with what the Qur`an says about it, and it uses the word "Riba" in conjunction with a class of people being unfairly treated and exploited.
Many Muslims do not take inflation into consideration, which is quite high in some Muslim countries.
We are grateful to have an eminent scholar of Islam, Shaykh Tarek Fatah, in our midst.
He is single-handedly reforming and renewing Islam.
Which is why, his work is akin to the work done by Baha ullah and Mirza Ghulam Ahmad.
Muslims who reject Shaykh Tarek Fatah must pause to think and join him as he and his daughter need our help.
I agree with the contents of that comment completely.
I want to tell you that many American non Muslims, including me, follow your work closely and with a great deal of admiration.
Very best wishes.
I am sure Islamic principles can not be as rigid as our conservative scholars expect us to believe. Please bear in mind that Indian Muslims are not governed by Wilayat-al-fiqih, but are governed by compromising secular laws, hence we can not apply Islamic jurisprudence of some scholars in their finest details in Toto.
The exploitation of the economically weak by the strong is a form of oppression. Hence, attaching profits (riba) on the personal loans obtained by those who are really poor, downtrodden and debt-laden is a disgrace and is condemned as haram by Islam. There can never be two
conflicting opinions on this.
To quote Muhammad Asad again," the question as to what kinds of financial transactions fall within the category of riba is, in the last resort, a moral one".
That is the adoring beauty of the Quran. It is Islam's biggest miracle. People living the third millennium may read the same Quran without an alphabet having been changed, but will see totally new light, new messages, new interpretations and new discoveries that go
beautifully and logically cognizant of the socio-economic- technological environment of that time that we people living in the second millennium never ever dreamt of.
Similarly, UM financial is one among the 5000 - 6000 businesses that failed. If all (or a significant number) of them were religious financial institutions, then it would mean there was a serious conceptual flaw. If you want to be objective about Islamic finance schemes, you could probably do a comparison of failure rates among secular vs Islamic finance institutions. While you are at it - you could also compare the per capita or gross loss sustained by customers in each failure type.
Personally, I do not endorse any business whose only benefit would be available to me after death. I do charity for that - not business.
"THE EIGHT CATEGORIES OF RECIPIENTS
h8.7 It is obligatory to distribute one's zakat among eight categories of recipients [...] , one-eighth of the zakat to each category.
[...]
THOSE FIGHTING FOR ALLAH
h8.17 The seventh category is those fighting for Allah, meaning people engaged in Islamic military operations for whom no salary has been allotted in the army roster (O: but who are volunteers for jihad without remuneration). They are given enough to suffice them for the operation, even if affluent; of weapons, mounts, clothing, and expenses (O: for the duration of the journey, round trip, and the time they spend there, even if prolonged."
[...]
" o9.0 JIHAD
" (O: Jihad means to war against non-MuslimÂs, and it is etymologicÂally derived from the word mujahada, signifying warfare to establish the religion. And it is the lesser jihad. As for the greater jihad, it is spiritual warfare against the lower self (nafs), which is why the Prophet (Allah bless him and give him peace) said as he was returning from jihad..."
[...]
http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf
Using Sharia Banking institutions can result in supporting war against non Muslims--according to Sharia law.
The multitudinous church based investment schemes that keep collapsing are eloquent testimony to the gullibility of the pious. Because a Man of God has placed his Holy Blessings upon a transaction, people will fall into traps that were it a secular banker or businessman they would have double checked for. As with politicians, anyone who proposes a business venture or concept based on religious principles should be avoided, as they are con men out to take your money.
If you want to do business look at tangible benefits. If you want a house in paradise - stick with charity.
I believe you have correctly labeled Sharia banking (aka Sharia Compliant Finance) a fraud.
This raises a question. Where are the other Canadian and American Muslim leaders on this issue?
The Canadian Islamic Chamber of Commerce (of which I'm a National Board member) is committed to an integrated approach. For instance, I think the strong part of Muslim Mortgages is the nature of the contract as an investment partnership, rather than simply renting money with the home-owner taking all the risk. I think the weakness of the Sharia finance model is what Tarek's identified: the fashion it can be used to suborn so called "Islamic-values" to bilk well-meaning but unsophisticated Muslims of their money. I think the best thing to do try to put the Muslim perspective within the Western banking framework, because a mortgage structure that made banks more careful about their own risk, while at the same time protecting the home-owner from that burden (while reducing the lure of a "flipping wind-fall") would have prevented the whole 2006 meltdown in the first place.
The article below expresses my concern with Islamic Banking in America: That zakat payments due from such transactions could used for jihad according to Sharia law and that the disposition of such funds would be monitored by such people as Qaradawi, Ghuddah, Usmani and DeLorenzo—no friends of America.
“Today, the Lariba American Finance House, based in Pasadena, California, operates its Islamic banking services in 28 states, modeled on the Sharia'aa Foundation guidelines of "His Eminence" Sheikh Yusuf al Qaradawi. The good sheikh endorses suicide bombing, wife-beating—and attacks against America. Lariba also sells Islamic mortgages to Fannie Mae.
In the investment markets, Dow Jones has since February 1999 operated the Dow Jones Islamic Markets indexes, which measure the market activity of "shariaa compliant" stocks. Advising the financial news organization on Sharia is a Board whose members include Syria's Abdul Sattar Abu Ghuddah, Pakistan's Taqi Usmani and Yusuf Talal DeLorenzo of the United States.
Abu Ghuddah and Taqi Usmani are also on the Shari'a Board of Al Baraka Investment and Development Corporation. The victims of 9/11 allege that this bank financed al Qaeda; although charges against the bank were dismissed, the victims contend that the bank, together with Saudi officials and businessmen, facilitated the attacks on America.
DeLorenzo is a member of the Fiqh Council of North America (FCNA), which according to Investigative Project Director Steven Emerson, harbors many terror-sympathizers.
[Details of FCNA members follows.]
http://www.humanevents.com/article.php?id=9235
"Social justice, fair trade, good business practices and honest dealings are the goal every good philosophy calls us to, regardless of our religious backgroundÂ. All the catastrophÂes we've seen in the banking industry, Islamic or otherwise, have happened because bankers and financiers have been focused solely on making their money at the expense of others, rather than helping trade and commerce flourish"
This system includes a protection currently absent from Western Mortgages. Since it's a partnership, if the housing market crashes that reflects on the value of the partnership, not the credit-worthiness of the home-owner, since they didn't borrow money to buy the house, they bought the house together with the financier. So the whole "credit-score" concept gets thrown out the window, and hopefully it makes financiers more careful about valuing homes.
On the other hand though, if the value of the house goes up the bank and the home-owner split that too. That makes the home-owner less likely to get a wind-fall.
One important thing to note is that you have to write the contract so the bank can't sell it out from under you, as majority share-holder!
And personally, I think that sort of contract can be written with any sort of a bank, Muslim or not.
You nailed it. Not only that, the entire scheme is based on a fundamental lie that "usury" and "interest" are one and the same. In addition, the Muslim homeowner os forced to pay 50 points more than the mortgage interest rate offered by commercial banks in the name of Islam.
Also, if you want to be skeptical about major overseas organizations which get investors in the name of Shariah Compliant Finance (SCV) I think that's fine, but I would suggest that it is still feasible and desirable at the community-level to arrange for shariah-compliant approaches towards supporting individuals and families. After all, Jews also have set up interest-free lending systems (according to the Torah, Jews aren't allowed to charge interest to other Jews) and there is the JAK Members bank in Sweden which is also interest-free but coming more from a secular ethical perspective.
If i want i can buy a car at a finance rate of 0% (Shariah Compliant) or 4% (not shariah compliant), still scared.
What and who is the Muslim Canadian Congress?
BTW, Um financial is not a leading islamic financial institution, if mr fattah had done any reasearch who would've discovered that islamic loans have been available in canada for years thru various institution, ansarco being the prime example.
With a sense of humour, since they're Canadian, of course :3
(the best bet would be to ask Tarek Fatah hisself what and who it is?)
What is a jihadist?
Define AntiSemitism.
Businesses fail for different reasons (sometimes these are ideological reasons). And unfortunately, these failures impact the people who do business with these institutions. The failure of UM Financial Inc., has more to do with current market conditions than it has to do with the concept of Islamic financial theory.
Fair dealing and honesty: wouldn't it be great if ALL our bankers cared more about those two things, eh?
The spectacle of supposedly "Islamic" institutions using the pretext of fake Sharia to bilk unsuspecting Muslims and non-Muslims alike of their hard earned money goes completely against the true intent of Islam, and it's yet another example of where Islamic scholarship has failed us by forgetting Who they really serve.
Social justice, fair trade, good business practices and honest dealings are the goal every good philosophy calls us to, regardless of our religious background. All the catastrophes we've seen in the banking industry, Islamic or otherwise, have happened because bankers and financiers have been focused solely on making their money at the expense of others, rather than helping trade and commerce flourish. That's the REAL goal of finance no matter where you're coming from.