The following is my answer to a Quora question: “How does shari’ah propose to create an interest-free economy, and what challenges does this pose to conventional financial systems?”
The
so-called interest-free economy is a fiqh problem, not a shari’ah
solution. The question contains two
errors. The first is
terminological. The second is
foundational.
Shari’ah
— الشَّرِيعَة — is the divine law as revealed.
It does not propose economic systems.
It does not draft banking regulations.
It does not issue fatawa on derivative instruments. Shari’ah is the name of the
system. The human science of deriving rulings
from the sources of shari’ah is called فِقْه (fiqh) — Islamic
jurisprudence. Economic transactions
fall under the sub-discipline of فِقْه الْمُعَامَلَات (fiqh al-mu’amalat)
— the jurisprudence of transactions. An
interest-free economy is a fiqh proposal, not a shari’ah
one. This distinction matters because fiqh
is a human enterprise, subject to scholarly disagreement, methodological
variance, and historical revision.
Calling it shari’ah elevates a contested jurisprudential position
to the status of divine revelation. This
is the category error that produces the overconfidence visible in Islamic
finance marketing.
The
second error is foundational. The fuqaha’
— the classical jurists — have not agreed on the definition of رِبَا (riba’). They have not agreed on its application to
modern financial instruments. They have
not agreed on whether all forms of interest constitute riba’ or only
those that involve the specific element of ظُلْم (zhulm) — oppressive
exploitation — that the classical texts identify as the moral basis of the
prohibition.
The
Definition Problem
The
classical sources identify two categories of riba’. رِبَا الْفَضْل (riba’ al-fadhl) —
excess in exchange transactions involving specified commodities — is relatively
well-defined in the ahadits literature.
رِبَا النَّسِيئَة (riba’ an-nasiyyah) — the increase that accrues
from a deferral of payment — is the category relevant to modern banking, and
this is where the jurisprudential disagreement is most consequential.
The
Hanafi school applied the prohibition of riba’ an-nasiyyah to
transactions involving commodities of the same genus (jins) with a
common effective cause (‘illah).
The position of scholars, including Muhammad Amin ibn ‘Umar ibn ‘Abd
al-‘Aziz ‘Abidin ad-Dimashqi in the Radd al-Muhtar ‘ala ad-Durr al-Mukhtar
Sharh Tanwir al-Abswar wa Jami’ al-Bihar, treats the prohibition as
applying to specific conditions, not to the mere presence of a time-value
component in a commercial transaction. Muswthafa
Ahmad ibn Ahmad az-Zarqa — the 20th century’s most rigorous Hanafi
jurist on financial transactions — argued that commercial transactions
involving transparent, regulated, competitively priced returns do not meet the
classical definition of riba’ azh zhulm.
The element of oppressive exploitation is the moral core of the
prohibition. A regulated bank charging a
disclosed, market-rate interest on a commercial loan is not the moneylender of
7th-century Arabia charging compound interest to a farmer in a
famine.
The
Islamic Fiqh Academy of the Organisation of Islamic Cooperation has
issued multiple conflicting resolutions on banking instruments over the
decades. The same institution that
prohibits one structure endorses another that achieves economically identical
outcomes through different contractual architecture. This is not jurisprudence resolving a
question. It is jurisprudence
rearranging furniture. We should take
their credibility with some salt – whether a pinch or a bucket, according to
the individual.
The
Swukuk Precedent
The
most damaging case study for the credibility of Islamic finance jurisprudence
is the Dana Gas PJSC case of June 2017. Dana
Gas — a UAE energy company — had issued US$700 million in swukuk
structured through a mudharabah profit-sharing arrangement. When the company faced a liquidity crisis, it
declared its own instruments non-shari’ah-compliant as a debt-avoidance
mechanism. The English High Court
rejected this position outright. But the
episode revealed the foundational problem: the shari’ah compliance
certification that investors had relied upon had no legal force that could
prevent an issuer from retroactively disputing its own product’s compliance.
Muhammad
Taqi al-‘Utsmani — the most prominent contemporary authority on Islamic finance
and the scholar most responsible for developing modern swukuk structures
— had warned as early as 2008 that 85 per cent of swukuk in the market
were not shari’ah-compliant. The
scholars certifying these instruments were certifying form, not substance. This is not a niche criticism. It comes from the person who built the
architecture.
The
Scale Disparity —Why Growth Rates Mislead
The
Islamic finance industry regularly publishes growth rate figures that create a
misleading impression of competitive relevance.
The global Islamic finance industry grew at 10 to 12 per cent annually
between 2020 and 2025, compared with conventional banking growth of 6 to 8 per
cent annually over the same period. Islamic
finance is growing faster. The
conclusion that many draw from this — that Islamic finance is closing the gap
with conventional banking — is arithmetically wrong. The global conventional banking system holds US$183
trillion in total assets. The global
Islamic finance industry — including Islamic banking, swukuk, takaful,
Islamic funds, and Islamic microfinance across all jurisdictions — manages US$4.5
trillion. This is 2.4 per cent of
conventional banking assets.
Apply
the growth rates. If Islamic finance
grows at 12 per cent annually and conventional banking grows at 7 per cent
annually, Islamic finance adds US$540 billion in assets in year one. Conventional banking adds US$12.8 trillion in
the same year. The absolute gap —
US$178.5 trillion — widens by US$12.3 trillion in year one alone. After ten years of this dynamic, Islamic
finance reaches US$14 trillion.
Conventional banking reaches US$360 trillion. The absolute gap has grown from US$178.5
trillion to US$346 trillion. Islamic
finance’s share of global banking has increased from 2.4 per cent to 3.9 per
cent. This is what growing from a low
base means. The percentage growth rate
is higher. The absolute distance is
widening. Islamic finance is running
faster on a track where the finish line moves away faster than it can run.
The
global swukuk market — the flagship instrument of Islamic capital
markets — has US$900 billion in outstanding issuance. The global conventional bond market has US$130
trillion. The swukuk market is
0.7 per cent of the conventional bond market.
At a 15 per cent annual growth rate for swukuk against a 5 per
cent growth rate for conventional bonds, the swukuk market reaches US$3.6
trillion in ten years. The conventional
bond market reaches US$212 trillion. The
gap grows from US$129 trillion to US$208 trillion.
Malaysia
provides the most favourable case study.
At 34 per cent Islamic banking penetration — the highest of any major
economy, achieved over four decades of deliberate government policy, regulatory
development, and institutional infrastructure building —
Islamic banking accounts for one-third of Malaysian banking assets. Outside Malaysia, Indonesia, the Gulf
Cooperation Council, and a handful of other Muslim-majority markets, Islamic
banking penetration is typically below 5 per cent even in countries with
significant Muslim populations.
The
Reskin Problem
The
reason Islamic banking cannot close this gap is not primarily scale. It is substance. A murabahah home financing arrangement
— the standard Islamic alternative to a mortgage — involves the bank purchasing
the property and selling it to the customer at a marked-up price, payable in
instalments. The economic outcome is
identical to a conventional mortgage.
The bank’s return is calculated using the same actuarial methods as
conventional interest. The pricing
benchmarks against conventional interest rates.
The Islamic structure replaces the word “interest” with the word “profit.” It introduces additional legal steps that add
transaction costs without changing the economic substance. The customer pays more for the financing than
the asset’s cash price. The bank earns a
return on the capital deployed. This is
the definition of interest-bearing lending, expressed through a different
contractual vocabulary.
The
top 20 shari’ah scholars globally held 621 board positions across the
Islamic finance industry in a 2019 study.
These scholars are paid by the institutions whose products they
certify. Their certification creates the
reputational product — “shari’ah-compliant” — that allows the
institution to market to religiously observant customers at a premium. The independence that compliance assurance
requires is structurally compromised by the commercial relationship it serves.
The
Assessment
The
fuqaha’ have not agreed on the definition of riba’. They have not agreed on its application to
modern finance. The foundational
principle of أَصَالَةُ الْإِبَاحَة (aswalat al-ibahah) — that everything
is permissible unless proven prohibited — supports a permissive reading of
commercial finance that large sections of the Islamic finance industry have
never adequately engaged with, because it would undermine the product
differentiation their business model requires.
Islamic banking is not a challenge to conventional banking. It is a premium-priced imitation of
conventional banking marketed to customers whose religious identity creates a
willingness to pay more for a structurally identical product wearing Arabic
labels.
The
growth rate headlines are real. So is
the arithmetic. At current trajectories,
Islamic finance will never exceed 5 per cent of global banking assets within
any planning horizon that matters to anyone operating today. The system that claims to replace
conventional banking with a different model cannot agree on what its model
prohibits, certifies products its own architects consider non-compliant, and
prices its instruments against the benchmark it claims to reject.
The
shari’ah-compliant label is branding.
The product underneath it is conventional finance with additional
paperwork and higher fees. This is not a
secret. It is the documented,
peer-reviewed, and judicially tested reality of an industry that has spent four
decades building a façade and calling it a system.
Terence
Nunis | Executive Chairman, Equinox Zenith | Author, The 1% Playbook: The
Billionaire Cheat Code




