An Islamic Banking Model in Canada - by Laura Edward 2010
An Islamic Banking Model in Canada - by Laura Edward 2010
An Islamic Banking Model in Canada - by Laura Edward 2010
Laura Edward
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.
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
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.
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?
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.
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
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).
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
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 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.
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.
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
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).
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.
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
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.
in
Yes 40 58 49 56 21
No 50 35 40 43 65
Moderates 80 66 75 89
Extremists 14 25 14 10
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:
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.
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
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.
Economic
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.
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.
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.
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).
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
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).
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:
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.
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.
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.
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.
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.
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.
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.
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:
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
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.
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.
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.
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.
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.
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.
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.
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
Recommendations
The following recommendations should be considered for any firm wishing to
succeed in the Islamic finance market in Canada.
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.
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.
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