By Robert C. Miner
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Extra resources for Practical Pattern Recognition for Trends and Corrections
In the case of murabaha ﬁnancing, the ﬁnancier buys the property and then sells it to the customer on a credit basis (usually with a markup benchmarked to a conventional interest rate, such as the London Interbank Oﬀer Rate [LIBOR]). Indeed, it is this ﬁnancier ownership of the property, for any period of time, however short, that jurists use to diﬀerentiate between an interest-bearing mortgage loan, deemed forbidden, and a murabaha ﬁnancing contract, deemed valid. The mechanics of a murabaha ﬁnancing transaction sometimes blur the boundaries between interest-bearing loans and credit-sale ﬁnancing.
In Chapter 3 we shall see that classical jurists envisioned the two major prohibitions in Islamic jurisprudence of ﬁnancial transactions – those against riba and gharar – to be eﬃciency-enhancing. That is not to say that the manner in which injunctions against riba and gharar have been obeyed in Islamic ﬁnancial practice necessarily achieved such increases in eﬃciency. 15 In many instances, secular legal and regulatory constraints would have eliminated the dangers and inequities targeted by the two prohibitions.
Eventually, sophisticated clients of the industry may lose hope that it can ever provide a bona ﬁde alternative to conventional ﬁnance – the primary reason they tolerate its form-above-substance approach. At that stage, Islamic ﬁnance would lose large portions of its constituency and become a mere footnote in ﬁnancial history. The alternative, to which this book is dedicated, is to try to understand and apply the substantive spirit of Islamic Law. This can be accomplished by understanding the economic functions served by classical legal provisions and the general principles that prompted classical jurists to pursue those functions within their economic and legal environment.
Practical Pattern Recognition for Trends and Corrections by Robert C. Miner