Islamic Finance Made in Germany A Case Study on Kuveyt TTrk (KT Bank): Germany's First Islamic Bank

Abstract

In recent decades, Islamic Finance has seen an interesting growth and spread, not only in the Arab or other Muslim, but also in Western countries. This article focuses on Islamic Finance in Germany, a European country characterized by strong economic growth and an increasing Muslim community, mostly of Turkish origin, which saw the opening of its first Islamic Bank in July 2015. After a very brief overview on the experience and the current situation of Islamic Finance in Germany, we will focus on the question whether within the German supervisory law, within the rules for corporate governance or within the civil and tax law legal obstacles can be found that hinder the establishment of Islamic Financial Institutions in Germany. As Islamic bank customers choose Sharia compliant products voluntarily out of respect for their faith, we will focus on the role of the Sharia Supervisory Board, which certifies whether a financial product is in accordance with the Islamic Law. The main part of this article will contain a case study on the KT Bank. We will discuss the current situation of the bank, examine some of their products and ask whether their Sharia Supervisory Board and their internal Sharia Compliance System can be brought in line with the German supervisory and company law. Afterwards we will analyze the position and role of the participatory depositors, especially those who invest their savings under the principle of profit and loss sharing, in the context of Corporate Governance. We will answer the question whether these stakeholders should have a possibility of participation within the bank. Finally, we will discuss Islamic Finance in the context of Corporate Social Responsibility and analyze the position of the KT Bank in this context.