هل معيار الشريعة الذهبي – فرصة جديدة؟

Strict norms have hindered the development of gold related investable products in the Islamic finance world and restricted the investment only in the form of bullion and jewelry. A few gold related Islamic investment products which supported investors to buy and sell precious metals in a bulk form at competitive rates while, managing the supply chain to ensure secure vaulting existed prior to the introduction of the Gold Standard. However, lack of understanding and harmony of Sharia law with regards to gold product offerings kept investors away from these investments.

According to Islamic tradition, gold is one of the six “ribawi*” items, along with silver, dates, wheat, salt and barley and is subject to the Sharia rulings for currency exchange (al-Sarf). And hence, very stringent rules apply to the transactions involving these items to ensure that the transactions remained riba-free. Contrary to traditional paper based precious metals contracts that are traded on exchanges worldwide, Sharia law compels that constructive possession be taken for both gold and silver. This creates a unique problem for clients that of being able to store their gold or silver bullions securely until the time comes to exit. Alongside being unable to access precious metals in a bulk form, the storage conundrum has prevented Sharia conscious clients from trading in precious metals. Additionally, financial assets (such as sukuk, mutual funds, ETFs), which are wholly backed by physical gold are to be construed as gold and therefore, must be dealt with in accordance with the Sharia principles governing the dealings in gold.

Since gold is fungible, Sharia also mandates both segregation and allocation for the establishment of definitive ownership of physical gold. Ownership of physical gold requires the actual segregation of that gold from all other gold holdings stored at the same location. The Sharia requires this segregation to establish the precise loss and liabilities of a particular owner of the gold in case of the partial damage to the place where all the gold is kept. However, in case of non-segregation of gold, the gold owners are required to share risks proportionate to their ownership in the holding.

The new AAOIFI gold standard opens up the following avenues:

With the growth of Islamic financial services, the need for harmonized understanding on use of gold by the financial institutions was imperative. AAOIFI has addressed this concern with its new gold standard, which would harmonize practice across borders and has addressed issues including collateral, set-off, screening and the exchange of gold in spot and deferred transactions. This standard is expected to have a considerable constructive impact as it addresses several issues covering current applications and crucial Islamic jurisprudence developments in relation to the product, its application by financial institutions and the investors.

*In the category of medium of exchange such as currency, gold and silver