The American Journal of Islamic Social Sciences Vol. 8, No. 3, 1991 549 

Book Review 

Islamic Law and Finance 

By Chibli Mallat (ed.). London: Graham & Trotman, 1988, 196pp. 

This book is a collection of essays presented at a conference held in 
April 1988 and organized by the Center of Near and Middle Eastern Studies 
and the Law Department, School of Oriental and African Studies, Universi­
ty of London. 

Since the mid-I970s, there has been a significant revival of fundamental 
Islamic values in several Muslim countries throughout the world. Indeed, 
a number of Muslim (or perhaps, Islamic) countries like Iran, Pakistan, and 
the Sudan have recently taken practical steps towards the total Islamization 
of their economic and financial structures. Among the basic characteristics 
of an Islamic financial (banking) system is the prohibition of the payment 
or receipt of a predetermined (fixed) interest rate which is viewed as usury 
and thus prohibited. As an alternative, the Islamic financial system operates 
under the general principle of profit-loss sharing, which effectively transforms 
banks into equity-based (investment) firms. 

As Mallat correctly points out in his preface, the Western notion of pro­
fit maximization does not control the Islamic system. Rather, it is the Shari'ah 
which primarily governs Islamic finance. However, some contributors to the 
book, notably William Ballantyne in his introductory chapter, appear to doubt 
the feasibility of the Islamic system and its ability to operate in contemporary 
economies. He argues that "what is required in today's climate, is [among 
other things] a restructuring of the Shari'a to fit Western economic con­
cepts" (p. 9-emphasis added). 

Nevertheless it is my belief, and perhaps the belief of many Muslim 
scholars in the field, that such a view is unacceptable, for it seems to be 
in direct conflict with the core of Islam. A basic tenant of Islam is that the 
Shari'ah cannot be changed or restructured to satisfy other lines of thought. 
Indeed, voluminous contemporary research now exists that demonstrates the 
viability and relevance of pure Islamic teachings to today's complex economic 
environment. Examples of such research include Chapra (1985, 1991); Khan 
(1986); Habibi (1987); Darrat (1988); Darrat and Suliman (1990); and Dar­
rat, Suliman, and Bashir (1991). 

The view that the Islamic economic system is superior to the contem­
porary Western interest-based economic system is not totally unique with 
Muslim scholars. Western economic thinkers have also shared a similar view. 
For example, prominent American economists like Henry Simon (1948) and 



550 The American Journal of Islamic Social Sciences Vol. 8, No. 3, 1991 

Charles Kindlebeger (1985) have proposed certain banking reforms that would 
effectively eliminate the fixity of interest rates in the Western banking system 
in order to minimize its risk and avoid the looming banking crises. Even 
more recently, the WaZl Street Journal published an article on May 9, 1991, 
entitled, “Islam and the U.S. Banking Crisis,” in which the author argues 
that the prohibition of a fixed interest rate and the profit-or-loss principle 
underlying the Islamic banking system may provide a practical solution to 
the current American banking crises and the astronomical cost of the FDIC 
(Federal Depository Insurance Corporation). 

Aside from the above major misconception, the volume contains an 
interesting collection of essays relating to the recent experience of many Muslim 
countries with Islamic banking and finance. The volume is divided, after 
a brief introductory section, into two main parts. The first part deals with 
the legal aspect of law and finance in Islam, while the second part focuses 
on its financial side. Each part comprises four essays, giving a total of eight 
essays. The essays discuss a variety of legal and financial issues in Islam, 
though the book‘s main preoccupation is with Islamic banking. 

The book is recommended reading for any student of Islamic economics, 
especially those interested in examining the Islamic experience in some Muslim 
countries. Thus, whatever theoretical and empirical weaknesses it may have, 
the book performs a useful function and is a welcome addition to the literature 
on Islamic economics. 

Ali R. Darrat 
Professor of Economics 
Louisiana State Univ. 
Ruston, Louisiana 

References 

Akacem, M. “Islam and the US. Banking Crisis.” Wall Street Journal (May 
9, 1991). 

Chapra, M. U. Towards a Just Monetary System (Leicester, U.K. : The Islamic 
Foundation, 1985). 

. “The Need for a New Economic System,” Review of Islamic 
Economics, 1, no. 1 (1991): 947. 

Darrat, A. F. “The Islamic Interest-Free Banking System: Some Empirical 
Evidence.” Applied Economics, 20, no. 3 (March 1988): 285-93. 

-and M. 0. Suliman. “Islamic Banking: An Outline of Some Concep- 
tual and Empirical Aspects.” Savings and Development, 14, no. 2 (1990): 
185-92. 



The American Journal of Islamic Social Sciences Vol. 8, No. 3, 1991 551 

___ and A. Bashir. "Equity Capital, Profit-Sharing Contracts, and In­
vestment: Theory and Evidence." Unpublished manuscript, Department 
of Economics and Finance, Louisiana Tech University (1991). 

Habibi, N. 'The Consequences of Islamic Banking in a Macroeconomic 
Framework." In Islamic Economics, Proceedings of a Seminar, Associa­
tion of Muslim Social Scientists and International Islamic Thought, 
Washington, D.C. (1987). 

Khan, M. S. "Islamic Interest-Free Banking." International Monetary Fund, 
Staff Papers, 33, no. 1 (March 1986): l-27. 

Kindleberger, C.P. "Bank Failures: The 1930s and the 1980s." Paper presented 
at a Conference on the Search for Financial Stability: The Past Fifty Years, 
San Francisco (1985). 

Simon, H. C. Economic Policy for a Free Society. (Chicago: The University 
of Chicago Press, 1948).