Abstract

In this paper, we are going to introduce a new Islamic financial institution with elaborated economic and financial characteristics. «Non-Usury Bank Corporation» (NUBankCo) is defined in a way that depositors are the shareholders of the Bank. This corporation is a new kind of shared ownership corporation which its shareholders are deposit holders and their deposits work as corporation’s equities. The defined bank can perform non-usury operations, and by designing a behavioral model, it is shown that NUBankCo can draw an environment that the welfare of society is to be maximized. Mobility of deposit resources in NUBankCo is less than conventional banks, and there are fewer conflicts between large and small shareholders/depositors and limits the emergence of shareholders’ cartels and thus huge sudden outflow of funds which creates bankruptcy crises.OECD’s corporate governance criteria are completely adaptable to this bank. Other pronouncements like Basel, AAOFI, IFSB, and FSF can be applied to this bank. NUBankCo can be established in different countries and can be adapted to different monetary, banking, foreign exchange, and commercial laws and regulations and can coexist in competition with conventional banks.NUbankCo will be Islamic in deposit mobilization side and will be Islamic in the loan/credit side for certain Islamic contracts and banking operations. Foreign currency exchange operations, bonds, commercial papers, and precious metals transactions, cash and draft operations, and credit and beneloan (non-interest loan) operations are characterized for NUBankCo to be fully Islamic.

Highlights

  • Usury specification is the main point to distinguish Islamic and other types of banking from each other1

  • Quran explicates: «And whose seeketh as religion other than the surrender, it will not be accepted from him and he will be a looser in the Hearafter: (Ale-Imran, 85).»‫« َو َمن يَبتَ ِغ َغي َر الاسلا ِم ِدينَاً فَلَن يُقبَ َل ِمنهُ َو هُ َو فِي الا ِخ َره ِم َن ال َخا ِسري َن‬ In the preceding verse (84) Quran explicates on the other hand: «Say (O Muhammad): we believe in Alah and that which is revealed unto us and that which was revealed unto Abraham and Ishmael and Isaac and Jacob and the tribes, and that which was vouchsafed unto Moses and that Jesus and the prophets from their Lord

  • NUBankCo will distribute its profit to his shareholders, who are depositors according to their relative shares

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Summary

Introduction

Usury specification is the main point to distinguish Islamic and other types of banking from each other. Bidabad and Harsini (2003) and Bidabad (2004) by scrutinizing usury definition and using theosophy principal of jurisprudence and based on Quran descriptions define some criteria that can distinguish usury from non-usury transactions. It seems that these criteria may be accepted as an ending point to usury definition. Considering the above criteria, we try to define Non-Usury Bank Corporation

Resource allocation Other banking operations Investment profit distribution
Total number of shares
Economic performance and functioning
Entrepreneur marginal internal rate of return from investment
Permitted Islamic contracts
Foreign exchange transactions
Bonds and commercial papers transactions
Cash and draft operations
Credit operations
Beneloan accounting
Number of months of beneloan repayment
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