The Current Financial Crisis From the Perspective of the Islamic Ethico-Legal Tradition (Fiqh): Causes and Solutions

Sunday, 10 January 2010 16:00 by tabdulbasser

[The following is an excerpt from a paper that I was invited to write earlier this year]

...It would be helpful for us, however, to briefly review the proximate causes of the current financial crisis, from the point of view of a student of the Islamic ethico-legal tradition (fiqh). By reminding ourselves of the proximate causes of the problems, we clarify and emphasize the appropriateness of the observations about the theory and practice of risk management that will follow. 

1. Problems

The pain and discomfort that millions of human beings across the world have experienced in the wake of the current economic crisis rightly elicits compassion and concern from any member of the human family.[1] This pain and discomfort, however, should not leave any informed observer surprised—least of all a student of Islamic sacred ethics and law (sharī`a). Muslim theologians (usūliyyūn) and legists (fuqahā’) have taught for centuries that Islamic sacred ethics and law were designed by God in order to achieve interests and deflect harms (jalb al-maṣālih wa-dar’ al-mafāsid), in this life (ḥayāt al-dunyá) as well as in the afterlife (ḥayāt al-ākhirah).[2] Therefore, even a casual student of Islamic transactional ethics and law (fiqh al-mu`āmalāt) should not be surprised to observe that massive and systemic non-compliance with the basic precepts (mabādī`), principles (qawā`id) and normative ethico-legal values (aḥkām) of the sacred law that pertain to this particular arena of human activity, i.e. economics and finance, have resulted in massive pain, discomfort, instability and hardship.

Although, the instances of non-compliance that are associated with the current financial crisis are legion, those that should draw our attention here are summarized in the following list: 1) interest-bearing transactions, 2) debt sales and 3) derivatives.

1.1 Interest bearing loans

The practice of originating interest-bearing loans is in direct contravention of the prohibition of usury (ribá).

1.2 Trading in Debt

The practice of creating and trading financial products that are essentially bundles of debt obligations resulting from the aforementioned loans (e.g. home loans) contravenes the prohibition on the sale of debt for cash or for debts.  Selling debts obligations for cash is usury or a practice that leads directly to usury, according to most of the legists.

1.3 Derivative Contracts

The practice of executing derivative contracts (such as credit default swaps and interest rate swaps) that are based on the aforementioned securities, and which are meant to hedge against the risks associated with them, is impermissible since such contracts are characterized by major indeterminateness (gharar).

2. Solutions

             Generally speaking, the solution, sharī`a wise, is to reorient societies away from non-compliant practices and toward compliant practices, where such substitutes exist. Reorientation would consist of discontinuation [of elements of establish financial practices]…with appropriate application of the fiqh principles of consideration of necessity and consideration of exigency.

2.1 Non-Interest Based Financing

Governmental and regulatory authorities should prohibit interest based financing and replace them with non-interest based financing methods...


[1] The economic crisis to which I refer is of course the  calamitous downturn associated with the so called “credit crisis”, “liquidity crisis” or “credit crunch”  

[2] In fact, some Muslim legists (e.g. `Izz al-Din Ibn `Abd al-Salam in his al-Qaw­ā`id al-Kubrá) have observed that this aim (maqṣid) is shared by all revealed ethico-legal systems, not just the ethico-legal system of the last of the prophets, Muḥammad b. `Abd Allāh (upon whom be peace).

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