An Islamic Banking Model in Canada - by Laura Edward 2010

Download as pdf or txt
Download as pdf or txt
You are on page 1of 42

An Islamic Banking Model in Canada 1

An Islamic Banking Model in Canada

Laura Edward

APRJ-699 (Applied Project)


Academic Coach: Dr. Lindsay Redpath
Academic Advisor: Dr. Dwight Thomas
14280 words
January 31, 2011
An Islamic Banking Model in Canada 2

Abstract
The goal of this applied project is to explore the creation of a sharia-compliant
banking institution in Canada. Features of the market will be assessed by
employing various analysis techniques to identify whether or not the potential
opportunity is substantive. This is especially important given the barriers to
offering Islamic Banking products.

Islamic banking models are substantially different from Western models. One of
the most significant differences is the prohibition of interest, or, riba. Many
Muslims in the world see Islamic finance as a way to promote participation in
society to meet economic objectives through economic and social justice. Waste
is discouraged and charitable giving is mandated through a wealth tax known as
zakat.

Individual products can be offered in ways that are sharia-compliant. Some of


the compliance involves charging mark-ups and fees instead of interest and
avoiding investing in industries that are haram, forbidden, such as pornography
or alcohol. Ventures that involve too much uncertainty are also not permitted as
this would constitute a risk akin to gambling which is also not permitted. A sharia
board working for the financial institution ensures compliance.

In terms of market size, there could be as many as one million Muslims in


Canada currently and this number is expected to increase substantially in the
future. Most are middle class and are more educated than the average
Canadian. Almost every major centre across the country has a Muslim
community. A financial institution that could build relationships with these
communities and provide education about Islamic finance products would have a
distinct advantage. Technology could be effectively leveraged to not only
expand geographical reach but also cultural reach by the offering of services in
multiple languages.

The firm would also have to exist within the Canadian landscape. This would
mean adhering to all Canadian regulations and laws such as anti-money
laundering, privacy, and anti-terrorism legislation as well as The Bank Act and
established human resources practice. Public perceptions about Islamic finance
would also have to be controlled to the greatest degree possible.

Products would also have to be offered at a cost that puts them on par with
conventional finance products. This is because of the overwhelming tendency of
Muslims in Canada to utilize conventional banking. This is a challenging
prospect given the niche nature of the products and the relatively small size of
the market. Outsourced technology and services could help control costs. The
establishment of basic personal banking products that are checked upon creation
for sharia compliance as well as acting as a reseller for already established third-
party products (for example, Islamic investments) could eliminate the expensive
requirement for a sitting sharia board.
An Islamic Banking Model in Canada 3

Current competition in the Islamic market is virtually non-existent. No one firm


offers a suite of comprehensive banking products that most Canadians would
require day to day. Entry into the market, however, is stymied by the lack of
legislation applicable to Islamic finance. Existing banks would additionally have
to seek an “Islamic window” to be able to comply with sharia law, and emergent
banks are awaiting the approval of a charter in order to begin to compete in the
market.

The winner of the market would be a firm that would be able to access expertise
and experience with Islamic finance, compete on price, comply with established
regulations and standards, leverage their brand to connect with various Muslim
communities, and have enough capital to withstand competition from large firms.
Firms that can work with regulators to help establish appropriate legislation (that
in part would alleviate the double taxation issues) will also have a distinct
advantage.

Islamic banking will become a reality in Canada as demographics shift. The


likely entry point into the market for many will be the establishment of a
regulatory framework. Given the maturity of the Canadian personal banking
marketplace, this may be a future segment of the market worth fighting for. At a
minimum, companies will no longer be able to ignore Muslims as a target market.
An Islamic Banking Model in Canada 4

Table of Contents
Introduction 5
Research Purpose and Research Questions 5
Literature Review and Review of Related Theory 7
Analysis 11
DEPEST 11
Five Forces 26
SWOT 32
Recommendations 36
Conclusion 37
References 39
An Islamic Banking Model in Canada 5

Introduction
This applied project seeks to answer the following question: Should a financial
institution in Canada be created to offer sharia-compliant Islamic banking
products to Canadians?

This is a relevant question to ask as other Western countries with Muslim


populations have seen financial institutions enter this market. If a significant
opportunity exists, one Canadian institution could gain first mover strategic
advantage by attempting to capture this emerging market.

However, it is not clear whether or not there is significant opportunity. Are there
enough Muslim households in Canada to support a niche product offering? Of
this population, would a significant proportion require sharia-compliant banking,
or would most shop around for the highest value and lowest cost product
regardless of how the loans, mortgages, bank accounts, investments, or bank
accounts would be structured?

There are also potentially significant barriers to offering Islamic banking products.
It is not clear if the barriers to offering a suite of products can be overcome and
still result in profitability. For example, an Islamic loan or mortgage cannot be
offered as merely one additional product using existing infrastructures by
reselling from some other financial institution. Rather, an entity would have to be
assembled that is completely separate from existing banks due to prohibitions
dealing with those who charge interest. In fact, an Islamic mutual fund could not
hold stock in the parent bank that has created the Islamic “window” for the
separate Islamic entity to exist in the first place.

Through the literature review concentrating on Islamic banking rules and


regulations, it will hopefully be possible to determine what structures would have
to be in place to satisfy sharia requirements. The analysis part of the paper
would then concentrate on determining how a Canadian financial institution could
seek to establish a sharia-compliant Islamic financial institution to begin offering
a suite of Islamic banking products. Other factors will be detailed in DEPEST
and SWOT analyses.

Research Purpose and Research Questions


This conceptual study will examine Islamic banking both in terms of an external
macroenvironmental fit (through a DEPEST and SWOT analysis) as well as an
internal strategic alignment (through a Five Forces analysis).

The DEPEST analysis will seek to answer the following questions:


Demographic
An Islamic Banking Model in Canada 6

Are there enough sufficiently observant Muslims in Canada to constitute a


demand for Islamic banking products? How is this population expected to
change over time?

Environmental
What are the environmental impacts of sharia banking models?

Political/Legal/Regulatory
What legal, political, and regulatory barriers does an Islamic banking model in
Canada face? What are some of the tax implications of sharia-compliant
banking? What challenges with jurisdictions could exist? What human resource
issues might exist given that Muslims would almost certainly prefer to deal with
other Muslims, and perhaps even male Muslims primarily or exclusively?

Economic
Can Islamic banking models be offered competitively and profitably? What suite
of products would be most appealing to the Muslim population? What suite of
products would be the most profitable?

Social-Cultural
What are the barriers Muslims would face in doing business with an institution
with a likely very limited physical presence? How would non-Muslims in Canada
react to Islamic banking models being offered by Canadian financial institutions?
How would hiring practices be viewed by society at large?

Technological
What are the technological barriers to offering sharia-compliant banking? How
could technology assist in reaching Muslims in multiple locales?

The Five Forces analysis (described in Grant, p. 73) will examine the following
positions to gauge the attractiveness of the Islamic banking market: the threat
posed by new competitors, the intensity of competition, available substitutes to
Islamic banking, the bargaining power of customers, and the bargaining power of
suppliers.

The SWOT analysis will examine the Strengths, Weaknesses, Opportunities and
Threats faced by an Islamic banking model in the marketplace. This will include
an analysis of any institutions already offering Islamic financial products in
Canada as well as other major financial institutions operating in other countries
that could reasonably commence operations in Canada.
An Islamic Banking Model in Canada 7

Literature Review and Review of Related Theory


Even a cursory review of Islamic banking practices and beliefs results in a rapid
realization that the philosophy of money and the acquisition of wealth is in stark
contrast with the Western world.

Khan and Mirakhor describe several hallmarks of an Islamic economic system.


While some economic principles (such as the prohibition of riba or interest) are
codified in the Quran [“Those who devour riba will not stand except as stands
one whom the Devil hath driven to madness by touch” (II:275)], others are
specified in the Sharia, or “the codifications of injunctions given in the Quran and
the traditions of the Prophet Mohammed” (Khan & Mirakhor, 1987, p. 2).

Khan and Mirakhor also contend that individual rights are only gained after the
fulfillment of certain human obligations have been met. Individuals have the
right to pursue “economic interest within the frameworks of the Sharia” (Khan &
Mirakhor, 1987, p. 2).

One of the foundations of Islam is Tawhid, “a total commitment to the will of God”
(Mills & Presley, 1999, p. 1) that requires submission to God’s revealed will. Mills
and Presley add that “there is no part of life that can be placed in a secular
compartment, devoid of religious and ethical considerations” (1999. p.1).
Further, “the spiritual and moral takes precedence over the material and
pragmatic, based on the assumption that human happiness is ultimately to be
found in moral obedience rather than material ease” (Mills & Presley, 1999, p.2).
Rewards and punishments in the afterlife are proportionate to moral obedience
against the standards set out in the Quran.

Indeed the penalty for usury is nothing short of a place in Hell. In some
assessments, it is a sin on par with adultery and more sinful than maternal incest
(Mills & Presley, 1999, p. 8). Interest is seen as living off the work of others
without working oneself (Mills & Presley, 1999, p.11).

In contrast to Western banking models, the objectives of an Islamic financial


system is to “help society achieve its accepted economic objectives” through the
pursuit of social and economic justice (Mills & Presley, 1999, p. 5). These
include “full employment, an optimum rate of economic growth and a stable value
of money” (Mills & Presley, 1999, p. 5).

The philosophy of work is that all those mentally and physically able should not
be allowed to practice voluntary unemployment, especially when it places a
burden on family members or the state. It is considered a “divine duty to work”
(Mills & Presley, 1999, p. 3). Idleness is seen as a “manifestation of unbelief in
the religion” according to Khan and Mirakhor (1987, p.3). The ideal is that
“everyone can use all their abilities to work and gain just reward from that work
effort” (Mills & Presley, 1999, p. 3). Justice, therefore, is equal opportunity; the
An Islamic Banking Model in Canada 8

role of the state is to provide a basic level of physical and educational


necessities.

Wealth is seen as a blessing and worth striving for, however the methods of
“earning, possessing, and disposing of wealth are defined by the Sharia” (Mills &
Presley, 1999). Rules regarding extravagance, waste, and sharing are codified
there, including wealth sharing and charitable obligations.

Zakat, a form of wealth tax, is another important concept in Islam. According to


Mills and Presley, zakat is also to prevent the inherent accumulation of funds into
the hands of a concentrated few and guard against hoarding (Mills & Presley,
1999, p. 4). The annual rate of 2.5% applies to all cash holdings.

Zakat is due when a Muslim’s wealth exceeds the value of 85 grams of gold on
the anniversary of when the value had been achieved. This ensures a
continuous cash flow to zakat beneficiaries throughout the year (Soubra, 2009, p.
56)

Zakat must be paid with the intention of obedience to God, and without this
intention is not considered zakat. Unpaid zakat is always due and is “considered
as a debt” (Soubra, 2009, p. 56). Rates vary. For example, the zakat on natural
resources is 20%, on agricultural products is 5 or 10% (due at cultivation,
depending on the method of irrigation), and is 2.5% on livestock, trading
activities, savings, and the profit from financial assets such as buildings or
stocks.

The beneficiaries of zakat are also mandated in the Quran—those included are
the poor (those who live below the subsistence level because they are unable to
participate in economic activities), the needy (who participate but who do not
earn enough to meet a subsistence level, stranded travelers, indebted
individuals, and slaves requiring liberation), as well as zakat fund employees,
and recent converts. Works can also be performed “in the sake of God” (Soubra,
2009, p. 63) which includes building mosques and printing books, but can also
include the “act of military defense…and the proliferation of Islam” (Soubra,
2009, p. 63). Although the majority of zakat purposes are truly benevolent,” it is
also clear that zakat in Canada would need to be directed carefully towards the
large number of approved Islamic organizations acceptable to Canadian
authorities that are non-military in nature.

Regarding property rights, it is acknowledged that “God is the ultimate owner of


all property” but that “man has been given the right of possession as a trust”
(Khan & Mirakhor, 1987, p. 2). Wealth and property are not to be treated as an
end, and natural resources should be shared by all members of society. These
stewardship rights are protected in Sharia law (Mills & Presley, 1999, p. 3).
An Islamic Banking Model in Canada 9

Instead of interest, profit and loss sharing is seen as more equitable than riba
(Mills & Presley, 1999, p.5). Riba is explicitly forbidden in the Quran: “Oh
believers, take not doubled and redoubled interest, and fear God so that you may
prosper. Fear the fire which has been prepared for those who reject the faith…”
(3:130-1). Two forms of deposits, transaction deposits and investment deposits,
can be used as capital to finance various ventures. Transaction deposits are
similar to Western demand deposit accounts in the respect that the funds can be
demanded at any time, although no interest is paid on transaction deposits.
However, some view that these guaranteed deposits should require a 100%
reserve (Mills & Presley, 1999, p.166). Investment deposits “more closely
resemble shares in a firm” (Mills & Presley, 1999, p. 5) and the deposit amount is
not guaranteed. Rather, a portion of the profits or losses are shared according to
the proportion of the investment the depositor holds.

Musharakah mutanaqisah, or diminishing musharakah, is a common form of


Islamic mortgage. With musharakah mutanaqisah, the client and the bank
purchase a house (perhaps with the client investing 25% and the bank investing
the rest). Both the client and the bank are allotted a certain number of units
based on the initial investment. The bank then rents its stake (in units) to the
client and the client purchases these bank units one at a time until the client
owns all the units and therefore owns the entire asset (Samadani, 2007, p. 76).

Bay Mujjal is deferred payment sales with a mark-up included. Lease purchases
are also permitted (Mills & Presley, 1999, p.6) and are the most common form of
Islamic mortgage (Mills & Presley, 1999, p. 170). A deferred delivery purchase is
Bay Salam where the “buyer pays the seller the full negotiated price of a product
which the seller agrees to deliver at a specified future date” (Mills & Presley,
1999, p. 171). Service charges are permitted on transactions, but the fees must
not be imposed “proportional to the size of the loan” (Mills & Presley, 1999,
p.171) lest the fee resemble riba.

Two contracts are required for this, one being a lease, ijarah, and the other is the
purchase of the bank owned units. Some feel that two contracts in one
agreement automatically results in gharar (unacceptable risk akin to gambling)
and therefore is haram (forbidden). However, because one contract (the
leasing), is not dependent on the other (the purchasing of units), musharakah
mutanaqisah is halal (permitted) (Samadani, 2007, p. 76).

Mudarabah loans provide funds “In return for a predetermined share of the profits
earned” and are provided by one investor (Mills & Presley, 1999). A musharakah
transaction, by contrast, involves numerous investors who share in the profits of
a venture according to the capital each provided. Often a musharakah certificate
is produced to make these transactions “transferable corporate instruments
secured by the assets of the company” (Mills & Presley, 1999, p. 6).
An Islamic Banking Model in Canada 10

Rather than investments being made based on creditworthiness, the emphasis in


Islamic banking is on the “soundness of the project and the business acumen
and managerial competence of the entrepreneur” (Ahmed, Iqbal & Fahim Khan,
1983, p. 28). However, Islamic banks are not seen as secular institutions. As a
result, certain investments that conflict with Islamic moral values are forbidden.
Examples include but are certainly not limited to casinos, alcohol production,
pork production, and any other activities that are explicitly haram or viewed as
harmful to society.

In addition, there is clearly a different view of profits in Islamic banking. In the


West, the objective is profit maximization, while the objective in Islamic banking
“is not to maximize profits because maximization is at the cost of other elements
like employees, service quality products, and shareholders. Therefore it is
professional to set the objective to achieve acceptable level of profit” (Soubra,
2009, p. 93). As well, Islamic banks are expected to finance some social
activities without expectation of profit.

Islamic insurance is seen as particularly problematic. Riba, qimar (gambling),


and gharar are all features of traditional Western insurance models.

Gharar, loosely translated as uncertainty, is also not permitted in Islamic finance.


Six types can exist within a contract relating to “the existence of the thing sold,
…the possession of the thing sold, …the thing sold itself, …the price, …the
payment of price, ...and relating to both the thing sold and price” (Samadani,
2007, p. 15).

Gharar in insurance results from the fact that the value of the loss is completely
uncertain (Mills & Presley, 1999, p. 5). As well, paying a small amount “as a
premium in lieu of a big amount obtainable in the future is nothing but riba”
(Samadani, 2007, p. 82). Qimar is a factor because the future potential event
necessitating the insurance is indefinite (Samadani, 2007, p. 82).

Some Muslim scholars believe that the existence of an Islamic welfare state that
would provide for all needed members of society would negate the need for
insurance. Indeed, it has been narrated in the life of the Prophet that he
observed a practice with the Ashari people collecting food communally and
distributing it equally among community members. It has been pointed out,
however, that this situation revolved around the necessities of life. As well, it is
viewed as preferable that a large group of people accepting the loss together is
“better than that it is faced by the afflicted person alone” (Samadani, 2007, p.85).

Islamic alternatives include assembling a fund created by donations to provide to


the needy as required. In Western terms, this would not be considered insurance
at all. However, a slightly more formalized version of this called a Takaful more
closely resembles insurance over charity.
An Islamic Banking Model in Canada 11

In Takaful, the company “acts as a trustee and manages the affairs of the
company” (Samadani, 2007, p.88) but does not own the pool—the company
merely manages it by collecting premiums and pays the policy holders in the
case of loss. The policy owners are the actual owners of the pool of funds and
therefore act as both the insurers and the insured.

One challenge identified by Khan and Porzio across all products and
arrangements is that some Islamic scholars may see some practices or products
as Sharia compliant while others may not. Common standards are being
developed by organizations like the Islamic Financial Services Board (IFSB) and
the Accounting and Auditing Organization for Islamic Financial Institutions
(AAOIFI) (Khan & Porzio, 2010, p. 171).

Challenges and barriers may also exist within the Muslim community. A small
survey of 503 Muslims in the UK indicated that some had little knowledge of
Sharia finance. Still others where aware of Islamic financing models, but were
dissuaded from proceeding because of the higher costs. [Part of the increased
cost is attributed to the small scale of the market (Khan & Porzio, 2010, p. 219).]
The market for Islamic mortgages in the UK is further reduced due to the “low
socio-economic position of the Muslim population in the UK” (Khan & Porzio,
2010, p.219) which may or may not be a factor in Canada. This, and other
market limitations, will be examined in the analysis section of the final project.

Analysis
DEPEST Analysis

Demographic
The most recent Statistics Canada information regarding the Muslim population
was collected in the 2001 census. Data show an increase in the Canadian
Muslim population to 579,640 from 253,265 in 1991 (Statistics Canada, 2001). In
2001, it is estimated that 2% of the population were Muslim.

Statistics Canada also reports that the Muslim population is expected to increase
substantially over time. Best estimates of the 2011 Muslim population are in the
one million range (Statistics Canada, 2005b). Estimates suggest that by 2031,
14% of the population would be non-Christian. Further, “Within the population
having a non-Christian religion, about one-half would be a Muslim by 2031, up
from 35% in 2006.” (Statistics Canada, 2010).

The median age of the Muslim population was 28.1 in 2001 (Statistics Canada,
2005b) suggesting a very young population. As well, McDonough and Hoodfar
as cited by Selby have identified that Muslims new to Canada are typically from
middle or upper-middle class families (Selby, 2007).
An Islamic Banking Model in Canada 12

Muslims in Canada are also typically more educated than the Canadian
population at large (see Table One below), outperforming the Canadian average
in each of the categories at the University level and above.

Table One: Education Level of the Canadian Population and of Muslims in


Canada
Extrapolated from Statistics Canada: Selected Educational Characteristics (29), Selected Religions (35A),
Age Groups (5A) and Sex (3) for Population 15 Years and Over, for Canada, Provinces, Territories and
Census Metropolitan Areas, 2001 Census - 20% Sample Data
Educational Level Canadian Population Muslims in Canada
Total Percent Total Percent
Total population 15 years and over by school attendance 23,901,360 100.0% 411,520 1.7%
Less than high school graduation certificate 7,476,900 31.3% 102,290 24.9%
High school graduation certificate only 3,367,895 14.1% 55,475 13.5%
Some postsecondary education 2,590,165 10.8% 51,450 12.5%
Trades certificate or diploma 2,598,925 10.9% 25,420 6.2%
College certificate or diploma 3,578,400 15.0% 43,800 10.6%
University certificate or diploma below bachelor's degree 601,425 2.5% 16,230 3.9%
University degree 3,687,650 15.4% 116,855 28.4%
Bachelor's degree 2,534,010 10.6% 74,445 18.1%
University certificate above bachelor's degree 382,955 1.6% 9,630 2.3%
Master's degree 642,055 2.7% 26,475 6.4%
Earned doctorate 128,625 0.5% 6,310 1.5%
Source for original data: Statistics Canada. (2010). Selected Educational Characteristics (29),
Selected Religions (35A), Age Groups (5A) and Sex (3) for Population 15 Years and Over, for
Canada, Provinces, Territories and Census Metropolitan Areas, 2001 Census - 20% Sample
Data. Retrieved November 11, 2010 from
http://www12.statcan.ca/english/census01/products/standard/themes/RetrieveProductTabl
e.cfm?Temporal=2001&PID=67772&APATH=3&GID=517770&METH=1&PTYPE=55496&THE
ME=56&FOCUS=0&AID=0&PLACENAME=0&PROVINCE=0&SEARCH=0&GC=0&GK=0&VID
=0&VNAMEE=&VNAMEF=&FL=0&RL=0&FREE=0.

Determining how religious Muslims are in Canada is not an easy task. One
contributing factor is that Muslims in Canada are not a homogenous group. Each
of the various waves of Muslim immigration has been unique. In the 1980s,
Canada became a haven for those fleeing the Lebanese Civil War. Another
major wave in the 1990s saw an increase of Somali nationals fleeing a civil war
there. That same decade, Bosnian Muslims came to Canada escaping the
breakup of the former Yugoslavia. There are also significant numbers of Muslims
of Iranian decent, but given Canada’s immigration policies, it would not be
unreasonable to assume that Canada is also home to immigrants from virtually
all predominately Muslim countries in the world.

It might also be tempting to assume that those coming to Canada are seeking a
different life, one of economic and personal freedoms. Certainly, for some, this is
the case. But still others come to enjoy religious freedom and wish to maintain
the practices from their country of origin. It might not be unreasonable to assume
that the majority of Muslims in Canada fall somewhere in between, but again, this
is a difficult determination to make for such a disparate group that consists of
Muslims of different sects from all over the world.
An Islamic Banking Model in Canada 13

However, the examination of interreligious unions might be able to assist:

Table Two: Interreligious unions in Canada

1981 1991 2001


Religious Groups Both Sexes Men Women
% of population in couples who are in interreligious unions
Total 15 17 19 19 19
No Religion 38 27 25 32 17
Catholic 12 14 16 15 17
Protestant 14 17 21 19 23
1
Mainline Protestant 15 19 23 21 25
Conservative Protestant 9 11 13 11 15
Other Protestant 15 22 25 23 27
Orthodox Christian 23 25 26 27 24
Christian n.i.e. 19 18 18 15 20
Muslim 13 11 9 11 6
Jewish 9 12 17 19 16
Buddhist 19 16 19 16 22
Hindu 11 10 9 9 8
Sikh 4 4 3 4 3
Other Eastern religions 26 24 27 25 29
Other religions 41 41 46 40 50
Source: Statistics Canada. (n.d.) Retrieved November 12, 2010 from
http://www.statcan.gc.ca/pub/11-008-x/2006003/t/4169265-eng.htm.

Table Two shows that interreligious marriages for Muslims in Canada appear to
be on the decline, and were half the rate of the Canadian population at large.
Generally speaking, interreligious marriages only occur between those with low
levels of religiosity which may indicate that as a whole, Muslims are more
religious than average Canadians.

A joint study between the Canadian Broadcasting Corporation (CBC) and


Environics Research Group also points to Islamic moderation in Canada,
especially compared to other countries. This is evident in the comparatively low
scores of conflict between moderates and fundamentalists as well as the low
percentage of Muslims that identify with the extremists’ causes.

Table Three: Islamic Moderation Survey Questions

Per cent who feel there is a struggle in their country between


moderate Muslims and Islamic fundamentalists

Muslims Canada Britain Germany France Spain


An Islamic Banking Model in Canada 14

in

Yes 40 58 49 56 21

No 50 35 40 43 65

Per cent who identify with moderates or extremists in this


struggle

Muslims in Canada Britain Germany France

Moderates 80 66 75 89

Extremists 14 25 14 10

Source: Canadian Broadcast Corporation. (2007). Canada’s muslims, an


international comparison. Retrieved November 13, 2010 from
http://www.cbc.ca/news/background/islam/muslim-survey.html.

As well, the majority of Muslims in Canada live in Ontario with Toronto hosting
the largest Muslim population. There are also significant populations in Montreal,
Ottawa, and Vancouver. There are few Muslims in the North, in PEI and
Newfoundland (Statistics Canada, 2005a).

Environmental
Existing Canadian financial institutions have altered business practices to better
serve social responsibility agendas. It is clear that many stakeholders within
Canadian society are concerned about environmental impact and banks have
responded accordingly.

Examples include:

• Royal Bank’s prioritization of environmental issues including climate


change, forestry, indigenous peoples, biodiversity, and water. RBC made
the 2010 list of "Canada's Greenest Employers" and through the RBC
Blue Water Project has made a "$50 million philanthropic commitment
over 10 years to combat the emerging global water crises (Royal Bank,
2010).
• TD created the "TD Friends of the Environment Foundation" that has
donated $53 million to local environmental projects and causes. A "Go
Green" challenge offers college and university students a chance at cash
prizes, internships and sustainability grants for winner's schools (TD FEF,
n.d.).
• BMO’s Environmental Action Plan includes five areas of focus with
accompanying policies and programs surrounding energy reduction and
efficiency, sustainable materials, transport, and waste management, and a
program for sustainable procurement (BMO, 2008).
An Islamic Banking Model in Canada 15

Most banks offer electronic statements in lieu of creating paper statement and
attempt to lower energy costs within branches and other office buildings. This is
often accomplished through the use of energy efficient equipment (such as
computer servers) and advanced building techniques. However, these activities
may be more of a response to cost reduction pressures as to corporate social
responsibility pledges. Socially responsible investments and energy loans are
also becoming mainstays in the Canadian banking landscape.

Obviously a smaller, niche financial institution could not hope to make “proactive”
environmental contributions of the same magnitude and scope of large financial
institutions. But there are guiding principles in Islam that relate to the
environment that may be applicable.

According to Khalid (2002) there are three relevant ideas that Sharia scholars
agree upon:

“1. The interest of the community takes precedence over the interests of the
individual; 2. Relieving hardship takes precedence over promoting benefit; 3. A
bigger loss cannot be prescribed to alleviate a smaller loss and a bigger benefit
takes precedence over a smaller one. Conversely, a smaller harm can be
prescribed to avoid a bigger harm and a smaller benefit can be dispensed with in
preference to a bigger one." (Khalid, 2002, p. 3)

There are also legislative principles that protect scarce resource utilization to
protect the common welfare, and abuse of rights to land or resources is
penalized. Another principle is one of benefit protection and detriment reduction
(Khalid, 2002, p. 4)

Taken together, some of these ideas are at odds with environmental protection.
Considering only the Sharia points above, it could be argued that resources
could be mined to virtual extinction to promote collective benefit and relieve
hardship. However, the belief that "God is the ultimate owner of all property" and
that "man has been given the right of possession as a trust" (Khan & Mirakhor,
1987, p.2) suggests that defiling what God has given would be haram in some
sense, even if man does have rights to use the environment for these
predetermined objectives. Waste is also abhorred.

It appears, therefore, that an Islamic bank would be likely to follow the example
of HSBC Amanah which is to offer online banking and socially responsible
investing, but concentrate all charitable efforts on the mitigation of human
suffering (HSBC Amanah, 2010).

Political/Legal/Regulatory
Political
It is unlikely that an Islamic bank in Canada would be considered a political entity
in itself, providing that all of the Canadian rules and regulations are in place and
An Islamic Banking Model in Canada 16

are actively followed. Where an Islamic bank may come under fire is in how
business is done and with whom. For example, the Canadian public at large may
not be accepting of a bank that primarily employs or deals with men without
providing equal opportunity and rights to female employees or clients (additional
analysis on this will be included subsequent sections). The bank would also
have to be cautious with the relationships that it builds with the community at
large.

Although Canada is a place that has codified freedom of religion in its


constitution, and although Canada tolerates many faiths, Canadians appear to be
uncomfortable with extremism. Often the laws and practices are inadequate to
manage these situations, and one gets the sense that Canadians would prefer to
wish the problems away rather than taking them head on.

This appears to be true with the Hutterites who recently lost a Supreme Court
ruling regarding pictures on driver’s licenses (one Hutterite community claimed
that these “graven images” were against their religion) (CBC, 2009). This
appears to also be so with the polygamist Mormon community (FLDS) in
Bountiful, British Columbia where accusations of abuse and bigamy have caused
investigations from the RCMP (CBC, 2006).

The Canadian public may see the Hutterites as an eccentric sect that is unwilling
to meet the obligations of the Province of Alberta in order to drive. The
perceptions of the Bountiful polygamists likely surround issues of child marriages,
abuse, and the use of public monies to build schools and make social assistance
payments to “single mothers” (who are actually additional wives in “spiritual
marriages” with FLDS men). But Canadians likely hold a very special view of
Islamic extremism which is laden with fear and suspicion especially after the 9/11
attacks, the Omar Khadr affair and the conviction of the jihadist Toronto 18.
(This would not dissimilar to the view of Islamic fundamentalism in many places
in the world, especially in westernized countries--see the table “Negative Traits
Muslims and Non-Muslims See in One Another” in Pew, 2006.)

Although most Canadians believe that only some of their fellow citizens are
hostile to Islam (75%), only 33% believe that Muslim values are a positive force
in Canadian society (CBC, 2007).

It would be therefore critical that an Islamic bank in Canada would follow existing
Anti-Money Laundering, Anti-Terrorism, and Privacy legislation to survive in the
public sphere. Equally important, the bank could not appear to be funding or
supporting extremism above and beyond compliance with legislation.

Legal
There are many legal considerations that intersect with banking. The Canada
Deposit Insurance Corporation Act, the Bank Act, and taxation generally are
likely main concerns for financial institutions.
An Islamic Banking Model in Canada 17

The Canada Deposit Insurance Corporation Act concentrates mainly on deposits.


This Act is not explicitly seen as a barrier to Islamic finance as no confirmation
that conflicts exist has been established.

In order to gain the right to become a recognized financial institution, an applicant


must be granted a charter by the Minister of Finance. Charters are granted to
those applicants who have sufficient financial resources, have a solid business
plan, have demonstrated business experience and personal integrity, as well as
meet several other requirements. The proposed institution under consideration
must also be in the interest of the Canadian financial industry overall.

There is little chance given the overall success of the well-envied Canadian
regulatory environment that any requirements would be relaxed (TFSA, 2010, p.
9). There is even concern that a Sharia supervisory board would attempt to
usurp some of the responsibilities traditionally assigned to a board of directors
(TFSA, 2010, p. 9). There may are also concerns about Islamic banks holding
real estate as part of murabaha mortgage arrangements due to statutory limits,
issues surrounding foreign ownership or control, and difficulties with determining
the cost of borrowing within an interest-free structure (TFSA, 2010, p. 10).

Regulatory
The Toronto Financial Services Alliance reports that “a joint task force that
included representatives of the Financial Institutions Steering Committee – The
Bank of Canada, Office of the Superintendent of Financial Institutions of Canada
(OSFI), Canada Deposit Insurance Corporation (CDIC) and the Department of
Finance – has considered the extent to which current federal banking and other
financial services rules would need to be adapted to accommodate Islamic
banks” TFSA, 2010, p. 9). No guidelines have been created to date, and it is
likely that existing financial institutions, especially larger ones, see this as a very
real barrier. Having specific information from OSFI is desirable as institutions
could enter the market in compliance with any guidelines rather than entering the
market beforehand and having to adjust existing operations to conform with the
established rules.

There are other regulatory requirements that any Islamic bank would have to
meet. For example, the Personal Information Protection and Electronics
Document Act is the prevailing legislation governing privacy in Canada. A
potential area of conflict might be privacy issues between spouses as the
legislation prevents one partner from learning about the financial affairs of
another partner. This may be inconsistent with typical practices from some
Muslim cultures in the world.

Anti-Money Laundering, Anti-Terrorism, international banking standards (such as


BASIL II) as well as standard accounting practices would also have to be
An Islamic Banking Model in Canada 18

followed. It is unlikely that any of these would be relaxed or adjusted in a


substantive way to accommodate Islamic banking.

Economic

Profitability is as central to any discussion of a sharia-compliant financial


institution in Canada as it is to any other type of business. While healthy
reserves are required to receive a charter for a bank, profits are required to
sustain the institution over time.

Typical products in banking include: deposit accounts, credit cards, loans,


mortgages, investments, and occasionally insurance. These products are similar
for both personal and business although not the same; business products
become more complex as the ownership structures of the business also increase
in complexity.

Not every product needs to be profitable, but any that aren’t need to be
compensated for by other more profitable products. It is also desirable to ensure
that clients adopt as many products as possible to increase profitability per client
and to ensure that clients have a high degree of “stickiness” with the financial
institution.

Deposit Accounts
Western banks make money on deposit accounts in two ways. The first is by
charging fees on the account either per transaction or as a flat rate to cover a
number of transactions. The second is by using the deposits to fund loans.
While the bank only has to keep a small fraction of the total outstanding deposits
as a reserve, and while it pays a small rate of interest to the bank account owner,
a higher interest rate can be charged to those taking out loans.

In Islamic banking, since riba is forbidden, different structures must be put in


place for deposit accounts. The two principal arrangements are a trust (Amanah)
or a deposit account (Wadia).

With Amanah accounts, the bank merely acts as a holder of the funds. The
entire amount must be returnable at any time, and none of the funds can be co-
mingled with bank funds. Administration fees are likely the only way to ensure
that this arrangement can be profitable.

Money placed in Wadia accounts must also be segregated from other bank
funds. However, in this case, a pool of funds is created and invested in various
sharia-compliant assets and the bank itself is permitted to add funds to the pool.
Each account holder is considered an investor and is either credited or debited
monthly according to their share and the associated profit and loss. The bank
makes money on its share in the same way as the other investors.
An Islamic Banking Model in Canada 19

Credit Cards
Traditional banks make revenue in a number of ways in the credit card industry.
Card holders pay fees and pay interest on outstanding balances, but banks also
make a percentage on each transaction from the merchant. It is only in
relatively rare cases where security is required to be able to use a credit card.

Sharia-compliant cards are entirely fee based. Controversy exists on these


cards because the fees charged are seen as excessive as the total amount
would be more than a Western bank would charge in interest. (Although this
bodes well from a profitability standpoint, Muslim consumers may not be
receptive to such an arrangement.) There are also restrictions on what can be
purchased with the card; alcohol, gambling, pork products and other morally
objectionable materials are forbidden. Often a deposit is required so that the
card can take on a lease-like form rather than a loan-type form, an important
distinction when it comes to the forbidden riba. Late fees are sometimes
charged to encourage prompt payment, but when these fees are levied and paid,
the funds are donated to charity.

It is unlikely that Islamic banks would be able to become successful acquirers in


Canada. There would perhaps be a limited demand from Muslim business
owners, but it would be unlikely that most business would be willing to comply
with sharia restrictions on what could be charged to the card. There could also
be conflicts with Visa Canada rules and practices about acceptance of the card
and about how funds are transacted between individuals, merchants, and the
bank.

Loans and Mortgages


Western loans and mortgages are profitable because the interest received by the
institutions exceed defaults. In Islamic finance, there are methods to accomplish
similar ends by acting as “deferred contracts of exchange [or] fixed income
instruments” (TFSA, 2010, p.5): installment sale (Murabaha), lease (Ijara), or
another form a partnership (Musharaka).

With Murabaha, the item or property is bought by the bank and immediately is
sold to the client with a markup. The consumer pays over time in installments
according to a predefined schedule. With Ijara, the bank maintains ownership of
the property and the client buys the property at the end of a set term. In the case
of real property, a leasing agreement is maintained, and part of the payment is
applied towards the end purchase price. At the end of the term, ownership is
transferred from the bank to the client. Diminishing Musharaka is similar except
that the ownership is gradually transferred instead of at one point in time. The
profit in these cases comes from a markup.

Investments
In Western banking, profits are made on investments through fees or (in the case
of GICs for example) interest differentials.
An Islamic Banking Model in Canada 20

Sukuk are the Islamic equivalent but are managed a little differently. There are
also many different approved structures that sukuk can take and more are likely
to emerge (TFSA, 2010, p.5). The basic structure is of an entity owned by
investors that holds approved which is administered by a facilitator who is paid
fees for setting up and maintaining the fund.

Insurance
Traditional insurance is based upon a pool of insured people paying different
amounts based on their risk to an insurer who are reimbursed according to the
rules of their policy when unforeseen events occur. Profit is made when the
payouts are less than the revenue collected and the other costs to the insurance
company.

Because the above situation involves an unknown outcome, it is considered


speculation (both in the uncertainty, gharar, and gambling, maisir, sense)
according to Islamic law and is therefore forbidden. Although a sharia compliant
insurer may also make profits on underwriting and investments (through the
establishment of a takaful), the policy holders are owners of the fund itself as well
as the contributors. The takaful is administered by the company offering the
service.

Other Considerations
Although each of the above products demonstrate an ability to be profitable,
scale is important. The fixed costs involved to sell any of these products would
have to be met and exceeded in the long term for any firm to survive. The cost to
receive a charter, to navigate through the regulatory requirements, to set up
offices, buy equipment and software, and pay employees could be considerable.

The size of the market itself might also be at issue, especially given that any
Islamic financial institution could only hope to capture a fraction of it. With a
population of a million Muslims (and perhaps 400,000 Muslim households or so
as a result), the market seems huge. However, in 2005, Datamonitor (as cited by
Tameme) estimated the value of the entire British Islamic mortgage at only 164
million British pounds. Demographic differences notwithstanding, the amount is
not substantial considering that the Council of Mortgage lenders reports 137
billion British pounds worth of mortgages are expected to have been booked in
2010 alone in the UK, and during a recession at that (Council of Mortgage
Lenders, 2010).

Taxation is another area of concern regarding profitability. In some Islamic


mortgages, for example, because the financial institution is the owner of the
mortgage until it is discharged, land transfer taxes must be paid twice. This is
certainly substantial as in some jurisdictions this can add upwards of 1.5% to the
purchase price. There is also for the potential for PST, GST (HST) and QST to
be levied on some structures, and on the higher amount (that is, the price the
An Islamic Banking Model in Canada 21

bank is charging for the asset which includes the markup) (TFSA, 2010). Clearly,
this issue needs to be effectively managed to maintain competitiveness in the
marketplace, possibly by selecting or attempting to establish structures where
this problem does not exist.

The cost of auditing also adds to the fixed costs of any sharia-compliant
institution. Financial auditing is typically done annually to ensure that all
transactions are being recorded correctly according to Islamic accounting rules.
Procedural auditing, however is ongoing, and attempts to scan the operations of
the bank to ensure that all fatwas are considered for all transactions
(International School of Management, 2008).

Social-Cultural

Sharia-compliant banking has many potential socio-cultural impacts both internal


to the Canadian Muslim community, but also given the large majority of non-
Muslims.

Internal
Each Islamic bank becomes certified by a Sharia Supervisory Board. However,
there is no recognized regulatory body that that governs sharia banking. Each
board, therefore, must act more or less independently.

There are few Islamic scholars who specialize in finance, and because these
resources are scarce, these resources are typically expensive and the process is
slow because scholars often serve on multiple boards. The International School
of Management (ISM) refers to the approval process as “unpredictable”
(International School of Management, 2008) and reports that many scholars lack
the experience to manage competently and effectively. Preferred candidates are
not only knowledgeable about Western-style finance, but also sharia law,
especially regarding the portion of sharia law that pertains to financial
transactions. Those coming to the Islamic financial industry from conventional
financial institutions often lack the sharia component of knowledge, are seen as
more apt to attempt to circumvent rules, and often try to replicate conventional
models under a sharia banner. It is believed that the dearth of well-rounded
scholars is acting as a serious constraint to growth of the Islamic financial
industry (International School of Management, 2008).

The ISM also states that the practice of “fatwa shopping” also occurs on a regular
basis. This occurs when a financial institution attempting to gain sharia
compliance on a particular product or financial vehicle contacts the scholar who
they believe is most likely to consider the product to be compliant and will grant
the ruling, or fatwa. This is against the general sharia principle that stats that the
“litigation should be heard by the jurisdiction that has the most ties with the
litigation (International School of Management, 2008).
An Islamic Banking Model in Canada 22

This practice undermines the stability of the industry as a whole as there can be
vast differences between what various financial institutions can offer and how
they can perform financial duties. From a consumer’s perspective, this could
appear to be disorganized or confusing when trying to differentiate between
offers in the marketplace. For consumers, investors, and for the financial
institution itself, there is a potential for reversals or other changes to agreements
already in place (International School of Management 2008). This can cause
anxiety with Islamic banking and create risk in the industry above and beyond
what is seen in western-style banking (where mortgages and loans have been
made with little alteration for hundreds of years).

Operations also have to be audited under sharia-compliant structures. Again, no


universal standards exist, however the Accounting and Auditing Organisation for
Islamic Finance Institutions (AAOIFI) has recommended that these audits take
place annually. However, “as the subject is not fully developed the problem
arises when trying to see what sharia auditing entails” (International School of
Management, 2008). Although the AAOIFI has developed a certification,
currently the classes are only available in Arabic. It would therefore be difficult
for the majority of Canadian Muslims from non-Arabic backgrounds or from
second or third generations to access these materials and seek certification as
an auditor.

Also, sharia scholars come from different traditions, and not all sharia scholars
are accepted by every sect or level of observance. It would be difficult to obtain
a board of a variety of scholars that all Muslims would accept and support, let
alone a board that would function effectively given the differences. Even though
observant Muslims are required by sharia law itself to employ sharia finance
when available, they may refuse to do business with an institution subscribing to
a specific brand of sharia finance that is not their own.

Given that most Muslims in Canada are moderate, it is unlikely that clients of a
sharia-compliant bank would object to dealing with female employees in a variety
of roles. Traditional clients, however, may prefer male employees either primarily
or exclusively. There also might be an insistence on traditional dress for women
within this client type. With a minority of Muslim women in Canada wearing a
hijab or other form of head covering, this may not be palatable to female
employees. It would also be very hard to justify a denial of opportunity for
various types of business or with certain types of clients (or the employment
positions themselves) given Canada’s employment equity legislation.

Given the lack of Islamic banking opportunities generally, it remains to be seen if,
given that the purpose of the bank would be to serve Muslim constituents, there
would be widespread support for large numbers of non-Muslim employees,
especially in client-facing roles. However, Tameme’s research (2009) suggests
that in the UK, a majority of clients (76%) would prefer to deal in English and only
18% thought that it would be inappropriate for non-Muslims to act as
An Islamic Banking Model in Canada 23

salespersons (24.8% were not sure, and 57.2% believed it was acceptable,
Tameme, 2009, p. 226). This suggests the majority would be accommodating. A
limited physical presence and a reliance on telephone and online contact may
limit client issues associated with client preferences whether gender- or ethnicity-
based.

The largest barrier to Islamic banking may be the lack of support from one of the
two major Muslim associations in Canada. The vocal Muslim Canadian
Congress (MCC), in fact, has been deeply critical of how Islamic finance is
currently practiced in other jurisdictions. (By contrast, the larger and more
conservative Canadian Islamic Congress has expressed support for Islamic
banking in the past by holding a symposium on the subject.)

Quotes from the MCC (all from Muslim Canadian Congress, 2008) include:

• “…there should be no room in Canada for Saudi inspired Islamist political


doctrines dressed up as innocuous religious requirements.”
• "Sharia Banking is an obscene attempt to fleece an already marginalized
Muslim community while promising them the exact opposite. On the one
hand Imams are warning Muslims of hellfire if they deal with the existing
banking systems, and on the other the same clerics are being paid by
banks to herd Muslims towards a system that is based on lies and
deception.”
• “…there is no need to adapt it to the failed economies and medieval
systems modeled on Saudi Arabia and Iran."
• "Religion has no place in the banking or mortgage industry…”
• "Muslim bankers and their hired clerics claim they indulge in interest-free
banking, but in reality they hide this interest.”
• The need to certify sharia-compliance of their Islamic products by
"qualified sharia scholars" has created demand for the services of experts
that more often than not are the indoctrinated products of radical
Wahhabi/Salafi sharia faculties in Saudi Arabia and elsewhere, who
generally hold views fundamentally inimical to the most basic values of
Western civilization.”
• “Even a cursory look at the names, affiliations and views of popular shari’a
scholars…many of whom sit on the shari’a advisory boards of dozens of
Islamic banks and get paid princely sums from each, would make it clear
that most are hard line Islamists and, in at least some cases, open
supporters of terrorism.”

The MCC even requested that the Canadian Mortgage and Housing Corporation
abandon their study on the subject entirely. Given the propensity for media
coverage from a variety of Muslim voices, clearly any Islamic bank in Canada
would have to attempt to effectively manage these perceptions.
An Islamic Banking Model in Canada 24

External
A Muslim bank in Canada might find itself under immediate scrutiny by non-
muslims. Canadians in general appear to be supportive of some differences in
society; the extension of marriage to same sex couples is one example.
However, Canada’s long struggle with the issue of “the two solitudes” may be
equally indicative of a lack of a desire for interaction between disparate elements
of society, in particular the Muslim community in Canada.

Canada’s supposed tolerance to differences may be more of a myth than a


reality when it comes to religion. This may be especially true when it comes to
Islam. Principally, the issues that Canadians have with Islam surround three
perceptions, real or imagined: the propensity or support towards
extremism/terrorism, the unequal role of women in Islam, and “soft jihad” through
the seeking of special privileges and the adjustment of Canadian society to fit
with Muslim beliefs.

Findings from an Angus Reid poll, as reported by McLean’s (McLean’s, 2008),


show that Canadians surveyed had the least favourable opinion of Islam when
asked about major religions including Christianity, Buddhism, Judaism, Hinduism,
Sikhism, and Islam. While 72% of respondents indicated a “generally favourable
opinion of Christianity, Islam was scored as least favourable at 28% (this number
was only 17% for Quebecers). When asked if various religions promoted
violence, 45% believed Islam promoted violence while only 10% of people
believed Christianity did. A vast majority of respondents would not support
veiled voting (77%) and only 3% support sharia law. This is consistent with other
Western views of Islam such as a British YouGov poll where respondents
overwhelmingly associated Islam with extremism and repression of women (58%
and 69% respectively, BBC, 2010).

Given these opinions that exist in Canadian society, it is probable that Islamic
banks in Canada would fall under increased scrutiny. The Canadian public
would be very sensitive to the any perceived dealings the bank had with
extremists or with organizations that support extremist views. A great deal of
political backlash and negative publicity would result if interactions such as these
were to be discovered.

Canadians would also want to ensure that the Canadian banking system as a
whole would not have to be altered to accommodate sharia-compliant
transactions. The Canadian system’s strength has recently become a model for
the rest of the world as so many other countries saw their banking systems
crumble during the recent global financial crisis. There is little appetite to see
alterations made, and protections to ensure that each link in the chain is equally
as strong and predictable is very desirable. An Islamic institution, therefore,
would have to exist within the Canadian system without increasing risk to the
system itself.
An Islamic Banking Model in Canada 25

Lastly, Canadians would want to make sure that all of the protections afforded to
women would apply to clients and employees of an Islamic bank. Ensuring
women are free from discrimination and enjoy all of the privacy and financial
entitlements that are prescribed by law would be a minimum standard that
society at large would expect.

Once again, these perceptions would have to be managed by any Islamic bank
wishing to do business in Canada.

Technological
Generally speaking, technology is clearly an enabler when it comes to banking.
Over the past several decades, banking has evolved because of technological
advancements. In the past, personal and small business banking was an activity
that took place in a bank branch during limited hours of the day between a client
and a teller. Today, transactions occur at point of sale and online 24 hours a
day 7 days a week. It has become an expectation that banking be convenient
and available when the client is.

Even mortgage and loan applications can be completed online, often with the
paperwork arriving by mail or to a branch to be finalized. Assistance can be
provided by email, FAQs, cobrowsing, and by phone.

Commercial banking has traditionally been more relationship focused as the


needs of large companies are specific and varied. Frequent personal contact
between the client and an agent of the financial institution is the model on which
most commercial banking is built.

Technology could greatly aid a small Islamic financial institution both in working
across multiple geographies as well as being able to appeal to a number of
subgroups. Because Canadian Muslims are not a homogenous group, marketing
and online materials could be offered in a number of languages such as Somali,
Arabic, Urdu, Farsi, and others as the need arises. Online applications could
also be offered in any language as long as the script appears in the Roman
alphabet so that credit checks and regulatory requirements can be met by the
financial institution. Even these credit checks and regulatory requirements can
be partially or fully automated using technology.

Telephone assistance can also be offered in languages other than English and
French. It is a simple matter to promote different toll-free numbers to various
populations and route the calls appropriately. While a niche offering may not be
able to offer around the clock personal service, the expectation may be different
when dealing with a niche player. The trade off for availability may be that
service is more personalized than at a large financial institution.
An Islamic Banking Model in Canada 26

Credit cards, ATM cards, bank accounts, mortgages and loans heavily rely on
technology to initiate, maintain, and report on activity. Legacy systems for many
banks today, even large ones, included separate applications for each of these.

Virtually all applications can be and sometimes are outsourced by major financial
institutions, including the online component of the business. (TSYS, for example,
is a major supplier of credit card applications and is also acts as a transactions
processor.) Certainly there are systems that can be assembled to manage the
online presence, bank accounts, ATM cards and Visa cards as the Islamic forms
of these products are not substantively different than what is already in the
Canadian marketplace at large today.

Islamic mortgages and loans, however, are structured very differently. It would
be difficult to imagine that there is an out-of-the-box application that both meets
Sharia guidelines as well as Canadian regulatory requirements. Therefore, there
is a significant possibility that that a highly customized application would be
required.

Five Forces Analysis

Threat Posed by New Competitors


Although there are currently “no large bank currently offering Islamic finance
products in any meaningful way” (KPMG, 2009, p.6), there is a threat that
competition could quickly emerge from both existing financial institutions as well
as financial institutions new to Canada.

Certainly larger financial institutions are better positioned from a capital


perspective to enter the market, establish a presence in Islamic finance, and
begin to compete. Potentially huge capital reserves from other areas of the
business can be leveraged to hedge against start-up costs.

Some institutions will have easier access to the market, however. Those banks
already operating in Canada could, in theory, already access the market now.
The requirement for this segment of new competitor would be the establishment
of an “Islamic window”. Islamic windows are separate legal entities created to
conform to sharia requirements that are wholly owned subsidiaries of the parent
financial institution. These vehicles allow the larger bank, who charges riba and
acts in other ways contrary to established Islamic financial principles, to be able
to offer sharia-compliant products in a way that is acceptable to scholars.

From an economies of scale perspective, it is uncertain whether or not existing


banks in Canada could access any substantive savings given the mandatory
establishment of the Islamic windows, primarily due to the forced separation of
business activities between the parent organization and the Islamic subsidiary.
However, banks that already offer sharia-compliant banking products, such as
HSBC Amanah, may very well be able to tap into an economies of scale as
An Islamic Banking Model in Canada 27

existing personnel, technology, systems, Islamic scholars, marketing materials,


marketing strategies, product offerings, and brand presence, can be tapped and
adapted to meet the requirements of the Canadian marketplace. HSBC Amanah
already has a presence in Indonesia, Malaysia (which has the most mature
Islamic finance market in the world), Saudi Arabia, the United Kingdom, and the
United Arab Emirates. While HSBC Amanah offers a limited product offering in
some countries (on the personal side, only bank accounts and mortgages are
offered in the UK, for example), the company offers a wide range of products in
others such as Malaysia where clients can access investments, mortgages,
credit cards, and a wider suite of products.(HSBC, 2010). Because of the depth
of knowledge and experience, HSBC Amanah should be considered a serious
potential threat.

Retaliation of the existing small competitors against institutions that are massive
by comparison (and that also may include RBC, BMO, and Scotiabank, who are
all members of the TFSA Islamic Finance Working Group) can be seen as futile.
None of these small players have the capital reserves or competitive advantage
necessary to compete on the scale with players that can afford to exist in the
market even in a losing position for an extended period of time.

In terms of access to distribution channels, all large competitors would face


similar challenges in reaching the market at large. (Some smaller existing
players are community-based cooperatives which operate on a niche basis. This
may be a different market than the mass Islamic finance market.) It is also
unlikely that any player could have any significant product differentiation as
theoretically all products would have to conform to existing sharia requirements.
What may be a differentiator is the nature of the institution itself—the brand, the
school of sharia law that is adhered to, positive associations the bank has in the
Muslim community and in the marketplace, and the types of charitable works and
other corporate social responsibility agenda items that an institution takes on.

The largest barrier for new entrants aside from the capital requirements is the
governmental and regulatory barriers. KPMG theorizes that several applications
have been put forth to OSFI to create new Canadian banks that have an Islamic
component, and that “the applications are on hold pending a policy decision”
(KPMG, 2010, p. 6). It also seems that the larger institutions in Canada are
awaiting a regulatory structure before entering the market. However, once this
barrier comes down, charters are likely to be granted, Islamic windows will be
created, and the competition will begin in a meaningful way.

Intensity of the Competition


Currently there are a few companies offering piecemeal services in Islamic
finance in Canada. Some organizations act merely as consultants and
intermediaries for a variety of transactions without offering any of the underlying
services themselves. Certainly there is no one organization that offers the basic
An Islamic Banking Model in Canada 28

financial services that average Canadians rely upon such as bank accounts,
debit cards, credit cards, loans, mortgages, investments, and insurance.

Most major financial institutions will provide a non-interest bearing bank account
including a debit card upon request. However, this involves dealing with
institutions that charge riba which, in itself, is not halal even if the product itself
may technically be permissible. In this realm, there may literally be no
competition, at least formally from chartered financial institutions that have yet to
seek an Islamic window.

UM Financial offers a reloadable MasterCard as a Sharia-compliant credit card


product (UM Financial, 2010). This is different from fee-based cards offered in
other more developed markets (such as Malaysia) where clients receive a
monthly bill. No other card offerings have been announced in the Canadian
Islamic finance market.

There is more competition around loans and mortgages. These players typically
operate on a cooperative basis, and Ansar Cooperative Housing Corporation Ltd.
is no exception. Clients buy shares in the cooperative as an investment until
their turn to occupy arrives. Clients must have enough shares to occupy the
home they have selected based on a formula: 20% of the first $100,000 plus
25% of value of the home up to $200,000 plus 30% of the value of the home up
to $300,000, and 100% of the difference thereafter, but not to exceed the amount
of $225,000 total. During occupation, rent is paid according to how much is
owned by the cooperative and as the proportion of shares increases month by
month, rent decreases. When the home is sold, gains or losses are also
assessed. If the member has shares reflecting more than half of the value of the
home, 90% of the gains or losses are paid to the homeowners and 10% to the
cooperative. If less than half of the home’s value are held in shares, the profits
or losses are assessed at 80% to the homeowner and 20% to the cooperative.
Provisions are made in the contract for numerous other aspects of the
relationship such as improvements to the property and the requirements for the
formal transfer of ownership from the cooperative to the individual (Ansar, 2008).
Ansar Housing is also one of the affiliates (along with Qurtuba) referencing
special rates for Takaful insurance. (The insurance itself is offered by COSECO
which is a member of the Cooperators Group.) This may be the only Takaful
offering in Canada to date.

Other companies have offerings, some much more defined than others:

• An-Nur (Ontario) Cooperative Ltd. offers two common mortgage


arrangements, musharaka (partnership with the home paid for over time)
and murabaha (cost plus profit paid in installments). Application forms for
these mortgages are readily available and An-Nur has plans for a housing
development project. Only a contact number is provided to manage
An Islamic Banking Model in Canada 29

inquiries for investments and loans (An-Nur, 2007). Salam Financial


(2006) and Ijaraloans.com (2009) are much the same
• Qurtuba Housing Coop is similar to the above, with the exception that
return rates are posted and detailed information is available on the share
structure and rent payments. Qurtuba even has a physical office open
Sundays. However, the last updates to the site were in 2009 (Qurtuba
Housing Coop, 2009)
• As previously mentioned, UM offers a credit card. Their site also
references real estate services, an investment consultant, and “Islamic
Finance” solutions which are so broadly defined that products, such as
loans, are not mentioned (UM Financial, 2010)
• Lariba Financial purports to offer personal and business loans as well as
investment and RRSP options, however, no concrete details on any of
these offerings are available on the Lariba website—only contact
information appears (Lariba, 2007)

When investments are also offered, it is often on a reseller basis for funds that
have been set up in other countries. Funds based on the S&P Sharia stock
index are good examples. The one exception from the past was an offering from
RBC Capital markets called the RBC Sharia-Compliant Equity-Linked Note
(AMEinfo.com, 2004). Announced in 2004, it quickly faded into obscurity due to
a lack of public interest.

In addition, the reference dates for some of the above websites have not been
updated for more than five years suggesting that some companies are much
more active in the market than others. By contrast, in the conventional finance
market, literally hundreds of products have been launched over the last five
years. Regular updates to marketing materials, especially a website, would be a
minimum expectation. This suggests that overall there are a few players that are
active and perhaps several that are either inactive or have a low level of activity
in the Islamic finance market in Canada.

Available Substitutes
The availability of substitutes may depend on the level of religiosity of the
individual. For religious individuals who adhere strictly to Muslim doctrine and
will not under any circumstances be associated with riba or those who charge it,
alternatives in Canada are limited. These individuals might be unbanked
altogether and may be forced to use cash almost exclusively. The religious
would not ever use loans, mortgages, or credit cards from mainstream Canadian
banks meaning that any lending would have to take place privately, perhaps
through other members of the Muslim community. [The inconvenience,
regulations, and costs against using foreign banks (most of whom would not
agree to deal with an out-of-country client in Canada in the first place) would
likely be prohibitive to the point of infeasibility.]
An Islamic Banking Model in Canada 30

Moderate Muslims, on the other hand, presumably already use conventional


banking products. This group who is the clear majority could take advantage of
the high level of competition in the industry generally. This group could select
from literally hundreds of product choices across dozens of suppliers. The
choices in the Canadian market for bank accounts, credit cards, loans,
mortgages, and insurance is staggering. Products can be differentiated by
structure, price, service, rewards, affiliation, proximity/accessibility of the
institution, bundling discounts, and other metrics.

To illustrate the options for just one typical financial product, there are seventy-
six credit card choices listed under “Standard Credit Cards – Regular Rate” alone
on the Financial Consumer Agency of Canada’s comparison site (FCAC, 2010).
This is only one category however—there are products listed under a variety of
other categories such as Standard Credit Cards – Low Rate, Gold Credit Cards
(Regular and Low Rate), Platinum Credit Cards (Regular and Low Rate), US
Dollar Credit Cards, Student Credit Cards (Regular and Low rate), Secured
Credit Cards, Retail Credit Cards, and Charge Cards.

Similar intensive levels of competition exist for loans, mortgages, bank accounts,
and insurance in the very mature Canadian banking marketplace. Substitutes,
therefore, for moderate Muslims are vast in number and easily accessible.

Bargaining Power of Customers


Once again, it can be stated that there are two types of customers, the religious
and the liberal. Both of these groups have different bargaining positions in the
Islamic finance marketplace as a result.

The religious must by the tenets of their faith only use sharia compliant financial
products. With the limited options currently available, there may be only enough
price sensitivity to the product to determine whether or not the product will be
used at all. For example, if the overall cost of a mortgage were prohibitive, it
would be likely that this segment would continue to rent. However, if more
options were available a number of factors may come into play. One certainly
would be price, but another factor may be the sharia law tradition that is
employed by the financial institution. Affiliation, the individual or the institution
being represented by the individual, and personal relationships, might be factors
that could have greater importance in various Muslim communities.

The bargaining position of the moderate Muslims is much different. This


segment can elect to utilize sharia-compliant banking products or any of the
hundreds of comparable products in the conventional finance marketplace.
Given the general lack of Islamic bank accounts, loans, credit cards and other
financial products in Canada, it is very likely that at present a high proportion of
Muslim Canadians are doing this very thing. Although this segment could
conceivably switch to a sharia-compliant financial institution, switching costs (in
the case of mortgages—the cost to move other products is negligible in most
An Islamic Banking Model in Canada 31

cases) or simple inertia may make changing financial institutions an unattractive


proposition.

Tameme (2009) demonstrated that there also seems to be a range of price


sensitivities regarding mortgages (data on mortgages may be particularly telling
as this expense is typically the biggest cost to consumers for financial products),
likely at least partially stratified by degree of religiosity. Tameme found that
39.64% of respondents agreed that they were willing to take on an Islamic
mortgage only if the cost were similar or lower than the cost of a conventional
mortgage. Only 8.4% said that they would take an Islamic mortgage no matter
what the extra cost, and 18% said they would take an Islamic mortgage if leading
Islamic scholars have approved it. 3.6% would not take an Islamic mortgage
under any circumstances, 5.2% said that Islamic mortgages were not possible,
and 25.2% were not sure (Tameme, 2009, p. 165). However, the numbers
change slightly when the question is asked somewhat differently. When
respondents were asked not about personal willingness, but rather what others
should do through the statement “An Islamic mortgage should be taken even if it
is more expensive than a conventional mortgage”, 36.2% responded favourably,
38.6% didn’t know, and 25.3% were unfavourable towards the statement
(Tameme, 2009, p.189). This suggests that although most Muslims have social
values that promote the tenets of their faith, that personally they feel that they
either cannot afford or should not be expected to afford to carry additional costs
associated with Islamic mortgages.

But with both the moderates and religious, Tameme’s research shows that there
may be a serious information gap when it comes to Islamic finance. In the
results of the two survey questions above, 25.2% and 38.6% of respondents
“didn’t know” or were “not sure” about the topic of taking out Islamic mortgages.
Further, when asked to comment on whether Islamic mortgages were similar to
conventional mortgages but the interest is “dressed up as rent” (Tameme, 2009,
p. 190), once again, 44.6% were uncertain. Although most Muslims claim to
know about Islamic Finance principles (72%), only about half (50.4%) knew the
differences between an Islamic and a conventional mortgage with about equal
numbers claiming not to know (23.2%)or not being sure (26.4%) about the
differences.

Product awareness seems to be much higher. 64% in Tameme’s study were


aware that Islamic mortgages existed in the UK (Tameme, 2009, p. 218). Most
were made aware by family and friends (39.9%), but other sources such as bank
publications (19.7%), the mosque (15.3%), the internet (8.9%) and newspapers
(6.4%) also play a role. Combined with the information above, this data suggests
that Muslims are aware of Islamic finance options, but may not be sure exactly
what these products entail or how they are structured.

An Islamic financial institution in Canada would find that the religious would have
a relatively low bargaining position because they are mandated to use sharia-
An Islamic Banking Model in Canada 32

compliant banking products and would do so even if the price were higher than
conventional products. Moderates, because of their propensity to substitute, are
in a greater position of power providing the buyers are informed about how the
products work. Without this knowledge, buyers may not even consider
themselves to be within this market at all.

Bargaining Power of Suppliers


A large number of suppliers for financial institutions provide commodities such as
office space, office supplies, computers, servers, and furniture. These materials
are in wide distribution and any of a number of suppliers could be contracted to
provide them. The two areas where suppliers could exhibit more influence are
labour and technology.

As mentioned previously, there are few qualified and experienced Islamic


scholars. As a result, candidates with sufficient qualifications could command
large salaries on an ongoing basis. Attracting employees at other levels in the
organization might also be challenging because of the need to be sensitive to
and familiar with several Muslim cultures as well as Islamic banking as a
concept. Although these employees may or may not demand higher salaries,
recruitment might be more challenging.

Several technology firms can offer the systems for bank accounts, credit cards,
loans, mortgages, investments, and even insurance. These are already
specialized software solutions that are industry specific, so although there is
competition, suppliers are limited. However, all of these solutions are geared
towards offering products that effectively exist already in the Western world. A
technology supplier that could integrate Canadian regulatory requirements as
well as the checks and balances that would enforce sharia requirements could
wield considerable power.

SWOT Analysis
Strengths
An Islamic financial institution operating in Canada could expect to be able to
leverage a number of strengths. The first is that the various Muslim communities
are underserviced (and perhaps in some cases unserviced altogether). An
institution offering the basic services of a bank account, credit card, loan,
investments, insurance and a mortgage under one brand could capture a
significant proportion of this niche market. As well, there is effectively no serious
competition at present to interfere with the attempts to capture this market as
existing players offer portions of the banking relationship on a small and often
local scale. The addition of a respected banking brand into the mix could make
the proposition even more compelling for consumers, and the bank in question
could gain the respect and loyalty of the Muslim community by simply offering
Muslims the opportunity to more closely follow their beliefs. The Islamic finance
market can also be expanded through client education. Making Muslims more
An Islamic Banking Model in Canada 33

aware of what the products entail, and how the products relate to sharia law and
Islam would make the products more relevant to this population.

The community is also young and educated meaning that the Muslim population
in Canada is more likely than other Canadians to require mortgages and credit
cards, products that are typically the most profitable in banking. As well, the use
of technology could allow the financial institution to operate seamlessly across
jurisdictions, geography, time zones, cultures, and languages.

Weaknesses
The weaknesses involved in attempting to start and operate an Islamic financial
institution are formidable. Currently no charters have been granted for new
financial institutions with an Islamic finance structure pending the construction
and communication of a regulatory framework from OSFI. This stymies both
existing banks who would seek an Islamic window if the regulatory requirements
were known as well as potentially new banks with an exclusively Islamic focus
who are awaiting approval from the Minister of Finance.

Other weaknesses associated with regulatory issues are apparent. For example,
it is unlikely that there is an appetite to change any existing regulatory
requirements in Canada to accommodate Islamic financing. This is due to
Canada’s relative success during the world economic crisis that is almost wholly
attributed to the regulations in place prior to the crisis. If conflicts exist and
serious regulatory exemptions are required for Islamic finance vehicles (limits in
the holding of real estate for example) that could be perceived to undermine
existing successful regulations, the situation may not be resolvable and Islamic
finance in Canada could stay in its current state for the foreseeable future.

The Muslim population in Canada is also very small and therefore so is the
potential profit potential for an Islamic financial institution. The capital
commitment required to either create a financial institution or an Islamic window
is substantial. Deep pockets would be required for any institution especially at
the beginning of operations. As well, if large financial institutions begin to
compete in the Islamic banking sphere, it might be difficult for a small player to
survive at all. A small player may not be able to compete on price, and would not
be able to sustain competing from a losing position over a long period of time. A
large financial institution could hold out much longer.

A sharia-compliant financial institution would not only have to compete against


other similar institutions, but in the case of seeking the business of the moderate
Muslims, against existing large financial institutions who benefit from massive
economies of scale. This is problematic as the nature of Islamic mortgages can
lead to many extra forms of taxation. Islamic financial institutions are also
audited an extra time for sharia compliance which also adds to the cost. Unless
workarounds can be found, these costs may make competing on price
unrealistic.
An Islamic Banking Model in Canada 34

The Canadian Muslim population is also not homogenous from a religiosity,


culture, country of origin, mother tongue, or sharia law tradition preference.
Marketing to a small disparate population such as this that is spread across
several major centres throughout Canada would be a challenging effort.

Public perceptions would also have to be actively managed. Association or even


perceived association with fundamentalism or terrorism could cause serious
public relations issues up to and possibly including investigations by financial and
legal authorities. The impact of these investigations would obviously be
catastrophic even if no wrongdoing could be confirmed. The organization would
have to be beyond reproach in other areas as well such as regulatory
requirements (such as anti-money laundering and anti-terrorism requirements),
legal requirements, and privacy requirements. Human resources practices would
also have to be carefully managed to ensure that women and non-Muslims would
be treated according to the relevant anti-discrimination legal protections. Even
charitable causes supported by the organization would have to have very clean
hands.

Opportunities
The Muslim population is set to increase substantially over time. For firms with a
long term view, cementing the future market position by capturing a substantial
portion of the Islamic finance market today could prove to be a solid strategy.

There are still opportunities in today’s market however. This is especially true
since no existing player has unique or superior access to Islamic Finance clients.
One supporting strategy would be the effective use of technology to reach the
disparate and dispersed Canadian Muslim population. Services could be offered
in English and French as well as languages commonly spoken by Muslim
immigrants such as Somali, Farsi, Arabic, and others to attempt to capture
various cultural markets. Online and telephone interactions also may serve to
negate any issues regarding gender or dress, and a company that can appeal to
a younger and more moderate Islamic demographic would have a clear
advantage.

There is also an educational component. The market can be grown by


successfully communicating how various products (such as bank accounts, credit
cards, loans, investments, and insurance) are structured and what makes each
sharia-compliant. The firm doing the educating may be able to translate this
effort into sales, especially if the interactions are personal and the brand is
trusted.

Cost containment is key as most Muslims will only be willing to use Islamic
financial products that are priced on par with those of the market at large. (There
may be some opportunity to reach the non-Muslim population if mortgages in
particular can be offered at an effective rate that is substantially below other
An Islamic Banking Model in Canada 35

products in the market. However, this may be too challenging a prospect given
the niche nature of the market.) Existing Canadian institutions could potentially
leverage economies of scale to reduce cost. Institutions new to the Canadian
market but with experience in Islamic finance could also benefit from some
economies of scale especially regarding the use of existing systems and
processes.

Threats
Existing financial institutions wishing to enter the market would be required to
seek an Islamic window. The lack of operating regulations makes doing so
unappealing as the unknown nature of the potential regulations contributes to the
level of risk. New entrants are also being held back from gaining charter status
even if these entities would be willing and able to assume these regulatory risks.

Both existing financial institutions and new entrants could potentially be


competing with one new entrant in particular that is both experienced in the
Islamic finance market and also associated with a large financial institution.
HSBC Amanah has the ability to dominate given previous experience in multiple
markets (including the UK, Saudi Arabia, and Malaysia which is the most mature
market in Islamic finance), existing transferable systems and processes, as well
as a well-financed parent company. This makes HSBC Amanah a serious
competitive threat to any other incumbent.

The potential for Islamic banking products to be more expensive than


conventional banking products could severely limit competitiveness and therefore
market potential and profitability. This is especially true for mortgages.

In real terms, the market size for Islamic mortgages (again, this is the product
with the largest cost, and is often an anchor product that increases client loyalty
and opens clients up to other products as well) is quite small in comparison to the
Canadian mortgage market as a whole. Even assuming that there are one
million Muslims are in Canada today (3.33%), only a fraction would be
considering a new mortgage (or the renewal of an existing mortgage) at any
given time. Of that small number, only a few would insist upon an Islamic
mortgage—if Tememe is correct, only around 8% of Muslims which translates
into a quarter of a percent of the Canadian population—although substantially
more might consider Islamic finance options especially if the price is comparable.

The demand for other Islamic financial products is certainly larger than for
mortgages as virtually all Canadians have at least a bank account and most
adults have at least one credit card. The demand for sharia-compliant loans,
investments, and insurance would be somewhere in the middle. These broader
appeal products might be profitable although the total potential profit would be
smaller in real terms than with mortgages. But still, in an overall sense, the
market is an extremely small percentage of the Canadian market across all
product types.
An Islamic Banking Model in Canada 36

The Muslim Canadian Congress is likely to oppose any form of sharia-compliant


banking. This, as well as other negative media coverage, may prevent an
institution from gaining enough market share to be self-sustaining. At a
minimum, this type of negative media coverage would likely prevent many non-
Muslims from considering the alternative finance models offered by an Islamic
financial institution.

Recommendations
The following recommendations should be considered for any firm wishing to
succeed in the Islamic finance market in Canada.

• It is critical that the firm is competitive with the conventional market on


price. This is because moderate Muslims make up the majority of the
Islamic population in Canada and have a large propensity to substitute.
• In order to compete on price, cost containment is critical. This is
exacerbated by the small size of the Islamic finance market. Part of
reducing costs may be to set up simple, routine products (and the
associated internal support processes) once under the supervision of a
sharia board to ensure that ongoing costs are reduced. Acting as a
reseller for investments and insurance so that another party effectively
pays for the cost of those boards would also be prudent.
• A workaround for the additional property transfers and taxation should be
actively sought and supported by the entire Canadian Islamic finance
industry. OSFI should be pressured by all market participants to alleviate
this extra burden.
• Existing banks wishing to enter the Islamic finance market may wish to
begin the process of seeking an Islamic window. This may include
assembling a stand-by team for when OSFI legislation is made public.
• A large existing player could attempt to compete at any point today in
order to capitalize on a relatively young, wealthy, and rapidly expanding
Muslim population. This strategy is not without risk, however. The
demographic trend to make such an effort worthwhile is decades in the
making which is certainly longer than the planning cycles for most financial
institutions. Also, the sunk cost of retrenchment or serious alteration of
the business by operating without established regulations for Islamic
finance could be substantive. A better alterative may be to announce this
strategy to OSFI thereby forcing the issue. In an ideal situation, the
institution would work with OSFI and other players to help negotiate and
craft the regulations.
• Rely on technology to reach a population that is multilingual and spread
throughout the country. Use a scalable model that keeps costs down
initially but that is ready for growth. This may be achieved through a
licensing model or through the use of an outsourced provider.
• In the case of a small player, extra efforts are required to combat larger
firms attempting to compete on price alone. Offer personalized service in
An Islamic Banking Model in Canada 37

several languages to build trust and increase the number of word-of-


mouth referrals critical to this business. Also offer comprehensive
education and information about various Islamic finance products by
accessing Muslim communities on a local and personal level.
• Show your products and your rates on a pubic website that is updated
regularly. The website should also act as an information source and
resource on the firm’s products and how the products relate to Islamic
finance.
• Ensure that your branding sends the message that your firm will allow
Muslims to act in a manner that is consistent with their faith and beliefs by
using Islamic financial vehicles.
• Carefully manage public perceptions. Be vocal in the public sphere about
following all Canadian regulatory and legal requirements. Distance the
firm from extremists and extremism. Attempt to gain support from the CIC
at a minimum and MCC if possible. In the Corporate Social Responsibility
sphere, find a charitable cause that both Canadian Muslims and
Canadians at large would support and highlight this relationship
appropriately.
• Continuously scan what other firms throughout the globe are offering and
use the results as a starting point for a product offering. Put special
emphasis on firms in mature markets such as Malaysia.
• Offer a comprehensive product suite in order to be a one-stop shop.
Bundle the products and services to ensure to the greatest degree
possible that each client is profitable and loyal.

Conclusion
This conceptual study examined the prospect of Islamic banking in Canada
through macro- and micro-environmental analyses. The DEPEST analysis
examined the Demographic, Environmental, Political/Regulatory/Legal,
Economic, Sociological and Technological factors that relate to the market. The
Five Forces analysis described the factors that influence the attractiveness of the
market such as the threat posed by new competitors, the existing competition,
substitutes, the bargaining power of customers and the bargaining power of
suppliers. These analyses were used to compile a comprehensive list of
strengths, weaknesses, opportunities, and threats (SWOT) and a series of
recommendations that a firm seeking to enter the Islamic finance market in
Canada could leverage.

It is likely that Islamic finance in Canada will become a reality, although it is


difficult to say when this might occur. Certainly the lack of a regulatory
framework is a major stumbling block to the beginning of competition on any
serious scale. Demographic trends suggest that the market will only increase
over time. It will up to individual firms to decide when a “tipping point” has been
reached that balances the cost of entry into the market against the size and profit
potential of the market. Given that charters for Islamic banks are currently on
An Islamic Banking Model in Canada 38

hold, it is likely that many will consider the existence of a regulatory framework as
the signal to enter the market.

There are also some unanswered questions about this market, namely, to what
extent Muslims in Canada might be entrenched in their relationships with
conventional banks. The potential to switch away from these institutions and
towards a sharia-compliant institution remains to be seen. An Islamic bank that
cannot gain new clients by successfully attracting them away from conventional
banks could not expect to survive for long.

It is also unknown if Muslims of different traditions will accept an institution that


models only one type of sharia law, let alone an institution with an Islamic focus
but not a certifying sharia board. (It is possible, however, that this could even be
considered a selling point given the feelings that some Muslims have about the
perceived extremist and exploitive Wahhabi influence on Islamic finance.)

Whether the market will be eventually seized primarily by conventional banks


who leverage their economies of scale to offer vast servicing, channel and
product offerings, or by niche players who are able to offer personalized service
consistent with Islamic values through Islamic finance, the competition will be
aggressive. With the size of this segment increasing, there are few new frontiers
in the mature Canadian personal banking market. If the demographic
predictions are accurate, it is certain that in the not too distant future that financial
institutions of all configurations will no longer be able to ignore this underserviced
market.
An Islamic Banking Model in Canada 39

References
Ahmed, Z., Iqbal, M., & Fahim Khan, M. (Eds.). (1983). Money and banking in
islam. Islamabad, Pakistan: Produced for the International Centre for
Research in Islamic Economics, King Abdul Aziz University, Jeddah by
Institute of Policy Studies.

AMEinfo.com. (2004). RBC, Shariah Compliant Note. Retrieved December 10,


2010 from http://www.ameinfo.com/41034.html.

An-Nur (Ontario) Cooperative Corp. Ltd. (2007.) Homepage. Retrieved


December 10, 2010 from http://www.nurcoop.com/.

Ansar Cooperative Housing Corporation Ltd. (2008). For home buyers.


Retrieved December 8, 2010 from
http://www.ansarhousing.com/homebuyers.htm

Ayub, M. (2007). Understanding islamic finance . Hoboken, NJ: John Wiley &
Sons.

BBC. (2010). Britons link Islam with extremism, says survey. Retrieved November 26,
2010 from http://www.bbc.co.uk/news/10251827.

BMO. BMO Financial Group’s Environmental Policy and Action Plan. (2008).
Retrieved November 11, 2010 from
http://www2.bmo.com/bmo/files/images/7/1/BMO%20Enviro%20Action%20Plan%2
0v3%20ENG.pdf.

Canada Mortgage and Housing Corporation. (2010). Report to Canada


Mortgage and Housing Corporation: Islamic Housing Finance in Canada.
Retrieved November 13, 2010 from
http://www.umfinancial.com/uploaded_pic/gallery/CMHC%20islamic%20housing%2
0report279627.pdf.

Canadian Broadcasting Corporation. (2006). B.C. polygamists claim


persecution. Retrieved November 13, 2010 from
http://www.cbc.ca/canada/story/2006/05/17/bountiful.html.

Canadian Broadcasting Corporation. (2009). Hutterites need driver’s license


photos. Retrieved November 13, 2010 from
http://www.cbc.ca/canada/story/2009/07/24/hutterite-supreme-court024.html.
An Islamic Banking Model in Canada 40

Canadian Broadcast Corporation. (2007). Canada’s muslims, an international


comparison. Retrieved November 13, 2010 from
http://www.cbc.ca/news/background/islam/muslim-survey.html.

Council of Mortgage Lenders. (2010.) October gross mortgage lending. Retrieved


November 29, 2010 from http://www.cml.org.uk/cml/media/press/2790.

Financial Consumer Agency of Canada. (2010). Credit Cards and You: Credit
Card Comparison Tables. Retrieved December 10, 2010 from
http://www.fcac-
acfc.gc.ca/eng/publications/CreditCardsYou/CreditCardComparisonTables-
eng.asp.

Grant, R. M. (2008). Contemporary strategy analysis. Sixth Edition.

HSBC Amanah. (2010). Retrieved November 11, 2010 from


http://www.hsbcamanah.com/amanah/personal/charity/charity.html.

Ijaraloans.com. (2010). Homepage. Retrieved December 10, 2010 from


http://www.ijaraloans.com/.

International School of Management. (2008.) Islamic Finance in Practice.


Retrieved November 20, 2010 from
http://www.ism.edu/images/stories/publications/barakat-3.pdf.

KPMG. (2010.) Islamic Finance and the Canadian Landscape. Prepared by


Steven C. Watts, Partner.

Khalid, F. (2002). Islam and the environment. Retrieved November 11, 2010
from http://www.ifees.org/islamEnviroment.pdf.

Khan, M. S., & Mirakhor, A. (1987). Theoretical studies on islamic banking and
finance . Houston, Tex.: Institute for Research and Islamic Studies.

Khan, M. Fahim & Porzio, M. (2010). Islamic banking and finance in the
European union: A challenge (studies in islamic finance, accounting and
governance) Edward Elgar Pub.

Lariba Investments Canada. (2007.) Riba. Retrieved December 10, 2011 from
http://www.lariba.ca/about.html.
An Islamic Banking Model in Canada 41

McLean’s. (2009.) What Canadians think of Sikhs, Jews, Christians, Muslims . .


. Retrieved November 26, 2010 from
http://www2.macleans.ca/2009/04/28/what-canadians-think-of-sikhs-jews-
christians-muslims/

Mills, P., & Presley, J. W. Islamic finance: Theory and practice Houndmills
[England] : Macmillan Press ; 1999.

Munawar Iqbal, & Molyneux, P. Thirty years of islamic banking: History,


performance and prospects Palgrave Macmillan.

Muslim Canadian Congress. (2008.) So-called Sharia Mortgages are a


Deception: MCC asks CMHC to drop $100,000 study to introduce Islamic
banking in Canada. Retrieved November 22, 2010 from
http://www.muslimcanadiancongress.org/20080129.html

Pew Global Attitudes Project. (2006). The great divide: how westerners and
muslims view each other. Retrieved November 13, 2010 from
http://pewglobal.org/2006/06/22/the-great-divide-how-westerners-and-muslims-
view-each-other/.

Quran Explorer Inc. (2010). Retrieved September 27, 2010, from


http://www.quranexplorer.com/.

Qurtuba Housing Coop. (2008). Affordable home ownership through Islamic


finance. Retrieved December 10, 2010 from
http://www.qurtuba.ca/en/default.html.

Royal Bank of Canada. (2010). Retrieved November 11, 2010 from


http://www.rbc.com/environment/water.html.

Salam Financial Inc. (2006). Home. Retrieved December 10, 2010 from
http://salamfinancial.com/index.html.

Samadani, E. (2007). Islamic banking and uncertainty (S. Siddiqui Trans.). (1st
ed.). Karachi: Darul Ishaat.

Selby, J. (2007). Islam in Canada. Retrieved November 11, 2010 from


http://www.euro-islam.info/country-profiles/canada/.

Soubra, A. (2009). Introduction to economics & banking from an islamic


perspective. Beruit: Alam Al-Kotob.

Statistics Canada. (2001). Retrieved November 11, 2011 from


http://www12.statcan.ca/english/census01/Products/Analytic/companion/rel/
canada.cfm.
An Islamic Banking Model in Canada 42

Statistics Canada. (2010). Retrieved November 11, 2011 from


http://www.statcan.gc.ca/daily-quotidien/100309/dq100309a-eng.htm

Statistics Canada. (2005a). Population by religion, by province and territory.


Retrieved November 12, 2010 from
http://www40.statcan.gc.ca/l01/cst01/demo30a-eng.htm.

Statistics Canada. (2005b). Population projections of visible minority groups,


Canada, provinces and regions 2001-2017. Retrieved November 11, 2911
from http://www.statcan.gc.ca/pub/91-541-x/91-541-x2005001-eng.pdf.

TD Friends of the Environment Foundation. (n.d.) Retrieved November 11, 2010


from http://www.fef.td.com/.

Tameme, M. E. M. (2009). Demand and supply conditions of Islamic Housing


Finance in the United Kingdom: Perceptions of Muslim Clients. Retrieved
November 29, 2010 from
http://etheses.dur.ac.uk/77/1/Tameme_final_thesis_14_Dec.pdf?DDD35

Toronto Financial Services Alliance Islamic Finance Working Group. (2010.)


Making Toronto the North American Centre for Islamic Finance: Challenges
and Opportunities. Retrieved November 13, 2010 from
http://www.tfsa.ca/downloads/resources/TFSA_IFWG_Prelim_Report_May14_2010
_final_2.pdf.

UM Financial. iFreedom Plus MasterCard. Retrieved December 7, 2010 from


http://www.umfinancial.com/index.php.

You might also like