Hugging Shari’a finance at the Fed

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How tough is Obama’s new economic tough guy?

by Alyssa A. Lappen
Frontpage Magazine | Dec. 10, 2008

The first market day after President-elect Obama announced plans to appoint Federal Reserve Bank of New York president Timothy Geithner as Secretary of the U.S. Treasury, U.S. equities rose 6.5%. Pundits praised his experience handling crises and understanding of the troubled economy. But possibly, the market hoopla was premature, or even unwarranted. Some analysts seek his retirement.

As turmoil built, Geithner criticized Wall Street’s self-regulatory system, negative incentives and market forces, sought tighter supervision and berated insufficient “derivative securities” regulation and “credit-default” swaps allowing investors to “insure” against loses—only to fail. The Treasury Department’s former attache to the International Monetary Fund had overseen U.S. responses to the 1990s Mexican, Indonesian and Korean bailouts. But at the Fed, Geithner did not use regulatory powers to check abuses, or advocate for more regulation, impartial supervision or new laws. He even concluded that markets were improving—and after Bear Stearns’ collapse confessed, nobody “understands [the causes] yet.”

Worst of all, since Nov. 2003, Geithner let dangerous new Islamic and shari’a-based securities, markets and financial institutions gain business currency—despite the Fed’s role in U.S. monetary policy, currency distribution, government securities markets, legal supervision, regulatory enforcement, bank and capital markets investigation, foreign accounts and a payments mechanism handling over $4 trillion daily in funds and securities transfers. Not to mention Fed officials’ admitted lack of understanding.

On July 1, 2004, eight months after Geithner assumed command, the New York Fed hosted Asim Ghanfoor (sic), AG Group founder and managing director, to address its Seventh Annual Global Economic Forum on “ABCs of Islamic Financing” and Islam’s increasing global financial role. A month later, Senators Charles Grassley and John Kyl identified Ghafoor as a representative of Boston’s terror-funding Boston’s Care International, the Global Relief Foundation (GRF) and the Al Harimain Islamic Foundation, which the U.S. Treasury specially designated a terrorist organization in September 2004 and again in June 2008.

In fairness, the New York Fed began authorizing obscure shari’a banking institutions, structured shari’a issues, and opaque trading of the cottage industry’s myriad novel securities long before Geithner arrived. “Islamic bankers have been quite ingenious in developing financial transactions that suit their needs,” New York Fed first vice president Ernest T. Patrikis told an Islamic Finance conference in May 1996. “We bank supervisors, too, can be ingenious and will want to work with any of you should you decide that you want to engage in Islamic banking” in the U.S.

The dangers of Islamic finance should have been apparent. From 1996 on, all 12 Federal Reserve banks received, and were charged to enforce many Treasury Department Office of Foreign Assets Control circulars designating Islamic groups and banks as terrorist-financing institutions, organizations and individuals. In 1998, OFAC warned the Fed against transactions with Osama bin Laden and his affiliates, in 1999 froze Taliban assets, in 2002 reminded banks to check customers against known terrorist lists and in 2003 warned against trading with any unnamed counter-party.

Meanwhile, had the Fed only noticed, there were warning signs elsewhere too. In 1999, Saudi scholar Mohammad Nejatullah Siddiqi proposed at Harvard that banning interest would “cure the ills of contemporary finance,” “create a safer, saner financial world,” incorporate the “institution of waqf [Islamic trust]” in economics and create “morally inspired” behavior. In 2001, Siddiqi openly labeled shari’a finance a revolution-driver—an “universal endeavor” to replace “excesses of capitalism.”

Alarm bells should have gone off at a New York Fed event on Nov. 21, 2002, furthermore, where shari’a banking proponent Wafiq Fannoun described Islam [not only] as “Peace through submission to Allah (God),” however, “revelation-based [the Qur’an, Hadith] … complete way of life” — that is, a system of religious law proscribed by the U.S. Constitution from inclusion in secular legislation or regulatory systems. Equally at odds with Constitutional law and Western capitalism are other Islamic notions he described—namely that Allah is both creator and “owner” of all material things, and that “individuals” may not possess “natural resources important to society.” as “alternative financing for Muslims” and others recognizing individual ownership rights.

True enough, most of that happened before Geithner ran the New York Fed. But after Geithner took the helm in November 2003, the bank missed several still more critical red flags on Islamic banking.

First came Basel II Capital Accord, supposedly designed to strengthen the “regulatory capital framework” for big international banks. Authorities increasingly expected to trust banks to internally assess their own credit and operational risks. However, in July 2004 Switzerland’s Bank for International Settlements (BIS) reported, 53% of Middle Eastern bank supervisory staffs lacked the necessary training to meet Basel II’s December 2007 deadline. Middle Eastern banks originated and still predominate in Islamic banking. Nevertheless, by 2007, they still needed historical data to fashion reliable risk models but instead counted on “heavy” collateral and “exceptional” economic conditions to eliminate risks.

Islamic institutions had manufactured “special purpose entities” (SPEs)—renamed, “special-purpose vehicles (SPVs)”—such as coincidentally helped destroy Enron. These legal devices restructured “interest-bearing debt, collecting interest [as] rent or [a] price mark-up,” Rice University Islamic economics chairman Mahmoud el-Gamal warned in May 2007. “Interest-based” Islamic finance equaled “shari’a arbitrage,” concerned only “religious identity” and merely employed Western securitization methods to transform liquid, traceable cash flows from interest-bearing debt into illiquid, opaque assets.

Shari’a banking, though, had far fewer regulatory and accounting protections than sub-prime mortgages—and like “portfolio insurance” in 1987, mortgage-backed bonds in 1994, and sub-prime mortgages in 2008, could also cause huge market declines. Islamic banking purveyors admitted shari’a regulations could “override commercial decisions;” didn’t “standardize” documentation; and used complex “inter-creditor agreements” and “off-balance sheet financing.”

Even hosting hosting Islamic financier Asim Ghafoor, a representative to three terror-funding organizations, on July 1, 2004 apparently gave no one inside Geithner’s Fed reason to pause from its rush to further accommodate shari’a banking.

In March 2005, New York Fed general counsel Thomas C. Baxter Jr. asserted the Constitutional “wall of separation between church and state” Thomas Jefferson had described was “not absolute.” Chief Justice Warren Burger had in 1984 suggested that the Constitution “affirmatively mandates accommodation, not merely tolerance, of all religions,” Baxter told an Islamic financial industry “Legal Issues” seminar. “[S]ecular law should … accommodate differing religious practices,” he indicated, apparently even if that meant specially excepting Islamic banking from secular laws and regulations.

In April 2005, New York Fed executive vice president William Rutledge admitted that the bank was “in no position to take a stance on shari’a interpretation.” He also claimed the bank would hold Islamic finance to “the same high licensing and supervision standards” as conventional banks.

Despite the New York Fed’s role as a legal supervisor of Islamic banking, neither Rutledge nor Geithner noticed, however, that shari’a banking, a 20th century “tradition” invented by the Muslim Brotherhood, can’t be severed from Islamic law—statutes that Mohammed initiated, which caliphs, scholars and jurists developed over the last 1,400 years. They hold that shari’a grants Muslims (the ummah) supremacy over all others—along with all land and property to hold in trust for Allah. Thus as Fannoun effectively told the Fed in Nov. 2002, land or property, once conquered or acquired by Muslims (or for Allah), can’t generally revert to their original owners. Shari’a commands Muslims to wage jihad warfare until they subdue all “infidels” under universal Muslim rule, as Ibn Khaldun avowed in the Muqaddimah (trans., Franz Rosenthal, Princeton Univ. Press, 9th printing, 1989, p. 183).

Confiscating possessions from non-believers exacts “revenge,” wrote jurist Abul Hasan al Mawardi (d. 1058). Qur’an 57:2 argued, “To Him belongs all dominions of the heavens and earth.” Qur’an 59:7 echoed, “That which Allah giveth as spoil [war booty] unto his Messenger…,” Allah authorized 2nd Islamic Caliph, Umar Ibn Khattab, to confiscate property by force, fulfilling an Islamic trust, or ruling under Allah’s law. It was thereby just to take anything from nonbelievers, (The Laws of Islamic Governance, Taha Publishing, 1996, pp. 207-251) including all territories Islam ever controlled.

Apparently, Fed officials also neglected to investigate the alliances and beliefs of shari’a advisors and their affiliates in the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB) standards agencies.

The shari’a-based Islamic Development Bank established the AAOIFI in 1990 to set Islamic finance standards. Its trustees include executives of Kuwait Finance House, Saudi Arabia’s Dallah al Baraka Group and al-Rajhi Banking & Investment Corporation—all implicated in al-Qaeda and other terror-funding—and Sudanese (and until recently Iranian) officials, both U.S. Treasury-sanctioned countries.

Former Malaysian Prime Minister Mohamed Mahathir in 2002 christened IFSB “a universal Islamic banking system” and “a jihad worth pursuing….” Its board members include the terror-funding Iranian, Sudanese and Syrian central banks and Palestinian Monetary Authority.

Yusuf Qaradawi, an U.S.-designated foreign terrorist barred entry since 1999 for example, supports wife-beating, suicide bombings, murder of American military forces and female suicide “martyr operations.” A large shareholder of Al Taqwa Bank, Qaradawi also chairs the recently designated terrorist-funding Union of Good “charity,” Qatar National Bank, its al-Islami subsidiary, Qatar Islamic Bank, and Qatar International Islamic Bank—and follows AAOIFI standards he helped create.

Similarly, Dow Jones Islamic Market Indexes (DJIM) shari’a board uses “stringent and published” methods to determine “compliance of index-eligible companies.” But its industry screens, financial ratios and biographies omit advisors’ affiliations or beliefs. Dow Jones Citigroup Sukuk Index (DJCSI’s shari’a board certifies Islamic asset-backed bonds if structures meet “AAOIFI standards” and shari’a principles, but don’t mention AAOIFI history or governance.

Until July 2008, shari’a banks, the Dow Jones Islamic Index board and an North American Islamic Trust (NAIT) fund also employed a 20-year veteran of Pakistan’s Shari’a Supreme Court, former judge Taqi Usmani, who taught at the Taliban spawning ground, Jamia Darul Uloom Karachi, headed the AAOIFI religious board, endorsed suicide bombing, and in 2007 advised U.K. Muslims to impose shari’a when their numbers suffice.

Shari’a finance advisor Muslim Brother Yusuf Talal DeLorenzo advised Pakistan’s tyrannical Zia ul-Haq from 1981 to 1984, and ran the Virginia Islamic Saudi Academy educational program cited in 2008 for using hateful Islamic texts. Trained at Karachi’s terror-espousing Jamia Al Alomia Al Islamia, he served the Muslim Brotherhood International Institute of Islamic Thought (IIIT) and from 1989, was secretary to the MB’s Fiqh Council of North America.

Perhaps Treasury Secretary-designate Geithner seriously meant to keep Rutledge’s promise to grant Islamic financiers no special favors. But allowing shari’a finance to exist at all is itself a special favor.

Moreover, on November 23, 2008 Geithner, Treasury Secretary Henry Paulson and Federal Reserve Chairman Ben Bernanke agreed to add another $20 billion taxpayer-gilded bailout to Citibank’s previous $25 billion bailout—and offer $306 billion in new loans to cover Citi’s losses on soured real estate debts and securities.

Only three days earlier Citigroup uber-shareolder Prince Alwaleed bin Talal, a godfather of Islamic finance, had announced plans to up his stake in America’s largest (failing and “underpriced”) bank from 4% to 5%. On March 20, 2006, the Saudi Kingdom Holding Co. CEO was “honored for humanitarian contribution to Islam” at a “glittering gala to celebrate excellence in Islamic Finance” that also featured terror-financier and Dallah al-Baraka founder and president Saleh Abdullah Kamel.


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Schumer Steps Forward

Editorial of The New York Sun | July 28, 2008

Senator Schumer’s decision Friday to add his name to those of Senators Specter and Lieberman among the backers of the Free Speech Protection Act of 2008 increases the likelihood that the measure will make its way into law in the scramble after Congress returns from summer recess but before it breaks again for the elections. It will be an uphill battle, but count us among those hoping for a success. The law seeks to counter “libel tourism,” the practice of suing American writers in foreign jurisdictions, where the libel laws are friendlier to plaintiffs. The Free Speech Protection Act would prohibit American courts from enforcing such foreign judgments, and it would allow their victims to countersue in American courts.

To understand what’s at stake, look at the case of Rachel Ehrenfeld, in whose honor it has been nicknamed “Rachel’s Law.” In 2003, Ms. Ehrenfeld, an expert on terrorism who has served as an adviser to the Department of Defense, published “Funding Evil,” a study of how terrorist networks are financed. A Saudi billionaire sued her for libel in Britain, where the burden of proof for such lawsuits is lower than in America. Though only 23 copies of her book had been sold in Britain, its court found against Ms. Ehrenfeld, ordering her to have her book pulped and to pay hundreds of thousands of dollars in damages.

The judgment of the British court cannot be enforced in America. But the cost and burden to Ms. Ehrenfeld of defending the suit sent a message to any writer, or any publisher, contemplating a book on the subject of Islamist terror. “In effect,” wrote a senior fellow at the Ethics and Public Policy Center, Stanley Kurtz, “the Internet-driven internationalization of publishing is nullifying America’s First Amendment protections.”

As the capital of America’s publishing industry, New York is especially vulnerable to this threat. That’s why the State Legislature unanimously passed, and on April 30 Governor Paterson signed, a state version of Rachel’s Law. “New Yorkers must be able to speak out on issues of public concern without living in fear that they will be sued outside the United States, under legal standards inconsistent with our First Amendment rights,” Mr. Paterson said at the time.

The federal law as drafted won’t end all threats of foreign hassling of American-based journalists. We think of Mark Steyn, whose column regularly appears in these pages. Mr. Steyn spent the last year defending himself against charges brought by the Canadian Islamic Congress that an excerpt from his bestselling book “America Alone” suddenly constituted, when it was published in Maclean’s magazine, an incitement to hatred of Muslims. He was not sued in a regular court, with its legal protections and rules of evidence. Instead, he was hauled up before the Canadian Human Rights Commission, an unaccountable tribunal with sweeping powers to stamp out any speech it considers offensive.

After coming in for unprecedented public criticism over the Steyn case, the commission eventually dismissed the charges against him, though a case before the British Columbia Human Rights Tribunal is still pending. The Ehrenfeld and Steyn cases are but two examples in a trend that prompted the New Criterion magazine, along with the Foundation for Defense of Democracies, to host in April a conference on “Free Speech in the Age of Jihad.” The proceedings have just been issued as a pamphlet, underscoring that across the Western world, legal and quasi-legal mechanisms are being used to try to block open criticism of Islam or of prominent Muslims.

The “findings” contained in Rachel’s Law make an articulate case for the need to pass it. “Free speech, the free exchange of information, and the free expression of ideas and opinions are essential to the functioning of representative democracy in the United States,” it says. “The free expression and publication by journalists, academics, commentators, experts, and others of the information they uncover and develop through research and study is essential to the formation of sound public policy and thus to the security of the people of the United States.” Senator Schumer, along with Senators Specter and Lieberman and their colleagues in the House backing similar legislation, including Reps. Peter King and Anthony Weiner, are taking an important step in leading the effort to pass this law.
____________________________________________

See also: The Guardian, “A National Disgrace.”

Contact the Senate Judiciary Committee.


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Congress should outlaw shari’a finance

By Alyssa A. Lappen
Washington Examiner | June 2, 2008

A spate of conferences in the U.S. recently on Islamic banking — i.e. shari’a finance — signals a worrisome American blindness to the budding industry’s inherent dangers.

Among the perils of shari’a finance, according to a January analysis by Moody’s Investors Service are: A central role in investment decisions for shari’a scholars who are actually Islamic clerics; investors being forced to accept weak positions; short track records of major investors; multiple complex asset types; risky interest rates and new ventures; plus a lack of transparency combined with corporate management and risk control in the hosting Third World countries.

Like other financial rating agencies, Moody’s currently profits from assessing Islamic financial instruments.

But it missed the biggest risk of all—the ideological risks of shari’a, or Islamic law. Even Islamic banking promotions admit that the industry’s documentation is not standardized, its inter-creditor agreements can be complex and it frequently employs off-balance sheet financing.

Moreover, shari’a regulations override commercial decisions. Citibank, for example, launched Saudi American Bank (SAB) in Jeddah and its Riyadh branch in 1955 and 1966 respectively, apparently without considering business risks under shari’a. The Saudis abruptly seized SAB in 1980, denied Citi all future profits, and ordered the bank to train Saudi staffers. Why? Because under shari’a, the bank was judged insufficiently Muslim.

Secular laws alone don’t govern shari’a finance. Although a 20th century Muslim Brotherhood (MB) invention, it cannot be severed from the body of Islamic statutes that Mohammed initiated and caliphs, scholars and jurists developed over 1,400 years.

Shari’a also underlies Muslim Brotherhood economic reforms. Police discovered the group’s central plan, “Towards a Worldwide Strategy for Islamic Policy,” or “The Project” in the Lugano villa of MB chief financial officer Yusef Nada in November 2001.

Muslim Brotherhood spiritual leader Yusef Qaradawi based the 12-point handbook on shari’a interpretations of MB founder Hassan al-Banna, who in 1928 envisioned a caliphate (Islamic state) to impose shari’a law worldwide.

The Project orders Muslims to do “parallel work to control local power centers”—and create “special Islamic economic, social and other institutions” and “necessary economic institutions” to fund spreading fundamentalist Islam. Shari’a finance builds such “parallel” Islamic economic institutions.

Consider the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and the Islamic Financial Services Board (IFSB). Both write global shari’a finance regulations (fatwas).

AAOIFI members include the central banks of designated terrorist states Iran and Sudan—and the Saudi Dallah al Baraka Group, al-Rajhi Banking & Investment Corporation, Kuwait Finance House, all implicated in funding al Qaeda, according to former U.S. counter-terror official Richard Clarke in testimony before the National Commission on Terrorist Attacks upon the U.S.

IFSB members include the central banks of Iran, Sudan, Syria, and the terror-funding Palestinian Monetary Authority (PMA).

Worse, Shari’a laws grant the Islamic ummah (Muslim nation) supremacy over all others—along with all land and property, to hold in trust for Allah. Under shari’a, land or property conquered or acquired by Muslims cannot generally revert to its original owners.

Possessions confiscated from non-believers are “a way of exacting revenge,” writes 11th century jurist Abul Hasan al Mawardi whose Laws of Islamic Governance many Muslims still consider valid. In other words, classical Islamic jurisprudence and Qur’anic passages alike, reflect the thinking evidenced in the MB’s 20th century Project.

According to Al-Mawardi, Allah authorized Second Caliph Umar Ibn Khattab to confiscate property in three ways—by fulfilling a trust to Islam, by force, or by ruling under Allah’s law. Thus, it is “just” to take anything from nonbelievers.

Far from benefiting mankind, as Islamic banking proponents claim, shari’a advocates a supremacist ideology commanding Muslims to wage jihad war until they subdue all “infidels” and “unbelievers.” Muslims must “convert everybody to Islam either by persuasion or force” and “gain power over other nations,” writes 14th century Tunisian jurist Ibn Khaldun in “The Muqaddimah.”

And economic jihad fulfills the mandate of Qur’an 49:15: “Strive for the cause of Allah with your wealth and your lives,” reiterated in 61:10-11.

Congress should thoroughly investigate shari’a finance, declare it unconstitutional and therefore illegal.

Alyssa A. Lappen, a senior fellow at the American Center for Democracy, is a former senior editor of Institutional Investor, Working Woman and Corporate Finance. Her website is https://www.alyssaalappen.org.


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Shari’a Financing and the Coming Ummah

“Chapter 28: Shari’a Financing and the Coming Ummah
By Rachel Ehrenfeld and Alyssa A. Lappen

Shari’a finance is a new weapon in the arsenal of what might be termed fifth-generation warfare (5GW). The perpetrators include both states and organizations, advancing a global totalitarian ideology disguised as a religion. The end goal is to impose that ideology worldwide, making the Islamic “nation,” or ummah, supreme.

Excerpted from: Armed Groups: Studies in National Security, Counterterrorism, and Counterinsurgency; Edited by Jeffrey Norwitz; U.S. Naval War College, June 2008.


All Articles, Poems & Commentaries Copyright © 1971-2021 Alyssa A. Lappen
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A Secular Market Nightmare

The growing foothold of Shari’a finance

By Alyssa A. Lappen
FrontPageMagazine | May 9, 2008

The global sub-prime mortgage mess would have been “unthinkable in the Islamic capital markets sector,” Malaysian Islamic finance scholar Mohammed Mahmud Awan told Arab News on April 24; Islamic law, or “shari’a principles” would prohibit selling “a debt against a debt,” Awan said at a Bahrain university globalization conference. Trading trillions of dollars in debt without assets backing them caused the crisis, Awan claimed, adding that the “Islamic finance model…would have easily prevented the current economic crisis.”

Others disagree. All “Islamic finance today is interest based,” notes Rice University Islamic economics, finance and management chairman Mahmoud el-Gamal in the Financial Times. Islamic banking, merely “shari’a arbitrage,” is “first and foremost about religious identity,” el-Gamal says.

Indeed, Islamic finance debt instruments are no better than Western mortgage securities, and probably worse. Islamic sukuk al-ijara (shari’a bonds) are merely reverse-engineered structured finance instruments. Many grave secular risks accompany the growing foothold of shari’a finance in the West.

Despite claims of their superior safety by International Center for Education in Islamic Finance professor Awan, Islamic financial institutions manufacture “special purpose entities” (SPEs)—which coincidentally helped destroy Enron. Islamic financial engineers merely renamed the prickly SPEs “special-purpose vehicles (SPVs)”—legal devices to “restructure interest-bearing debt, collecting interest [as] rent or [a] price mark-up,” el-Gamal observes.

Here’s how they work: sukuk bond issuers sell real estate or assets to SPVs, which then capitalize their investment by selling share certificates. In turn, the SPVs then lease back the assets they purchased to the sukuk issuers, collecting principal plus interest, which they pass on to sukuk investors as “rent.” When the sukuk matures, the SPVs sell or return the property to the sukuk issuers. Supposedly safe “alternative” Islamic finance instruments that claim to avoid usury, in short, use Western structured finance tools—“some of the most complex ever created.”

Repeat. Using Western securitization technology, shari’a finance banks now transform liquid, traceable cash flows from interest-bearing debt—that is, real interest-bearing assets—into illiquid assets.

“Junk” synonymous with high yields

Shari’a finance is an “invented tradition” empowering Islamic radicals, writes USC King Faisal Professor of Islamic Thought, Timur Kuran, in Islam and Mammon: “Neither classical nor medieval Islamic civilization featured banks in the modern sense, let alone “Islamic banks….” Thus, the Muslim Brotherhood (forefathers of current political Islam) heavily used modern Western securitization technology to advance MB founder Hassan al-Banna’s shari’a banking invention.

The messy sub-prime mortgage market—which some astute observers consider a mere extension of opaque Enron-era mark-to-fairly-tale accounting—could end tame compared to the 20th century-hatched shari’a banking boondoggle: The latter has far fewer regulatory or monitoring protections against abuses than the mortgage market. Even staunch Islamic banking purveyors admit: The industry’s “documentation is not standardized,” its “inter-creditor agreements can be complex,” it frequently employs “off-balance sheet financing,” it’s preferred by “certain corporate (sic) and individuals”—and “Shari’a regulations can override commercial decisions.”

Western markets are now dangerously in “panic mode.” And as frequent experience demonstrates, the bigger the financial innovation, the greater the “unforeseen consequences”—i.e. market declines. In the 1987 equity market crash, “portfolio insurance” played a key role; in 1994, mortgage-backed bonds wiped out $1 trillion in value—then roughly 10% of the U.S. bond market. They whacked huge pension funds, municipalities and institutional investors—and beached a few hedge funds like dead whales.

Secular market risks of shari’a finance show in above-market sukuk interest rates—oops—rents. Despite Western central banks’ historic 2007 rate cuts to limit losses feared equal to the 1986 to 1995 savings and loan crisis, a sukuk index with a mere 3.8 year duration on Nov. 30, 2007 sported 6.2% “œcoupon.” In mid January 2008, intermediate Treasury yields were 2.89%—and the Lehman Brothers intermediate U.S. corporate bond index yielded just 5.25%. Only long-term U.S. corporate debt then paid above 6.5%.

Among other Islamic market hazards are doubts on surety of payments for the scheduled life of the sukuk loans—and whether, on maturity, investors will recover 100% of their principal. Then there are the dubious underlying “profit and loss sharing” Islamic finance philosophy. And possible back taxes, interest or penalties, were the Internal Revenue Service to rule sukuk enterprises “uneconomic,” as it did innumerable similarly-structured 1980s tax-shelter schemes.

Moody’s Investors Service (like other financial rating agencies) now profits by formally assessing Islamic financial instruments Yet the industry has several major risks, a 16-page Moody’s analysis reported in January 2008. These include its range of asset classes, “weak position of investment account holders,” “importance of the Shari’ah supervisory board,” rate-of-return-risks, new operation risks, short track record—and foundations in third world countries where transparency, corporate governance and risk management basically don’t exist.

Ideological pitfall: Once Islamic, always Islamic

Moody’s missed the biggest risk of all, however—the ideological risks of shari’a, or Islamic law— despite a significant precedent. Citibank Islamic financiers launched its Saudi American Bank subsidiary in Jeddah and opened a Riyadh branch in 1955 and 1966 respectively—apparently without due diligence on operating under shari’a. But in 1980, Citibank learned about the risk of sudden confiscation when the Saudis abruptly seized SAB by royal decree, denied Citi all future profits, and ordered the bank to train Saudis staffers—essentially because the bank was insufficiently Muslim. Evidently, it was a case where “shari’a regulations can override commercial decisions.”

Shari’a banking is not governed by secular finance law alone. And it cannot be severed from the complete body of Islamic law—statutes initiated by Mohammed and developed by caliphs, scholars and jurists over 1,400 years.

These laws grant the Islamic ummah (Muslim nation) supremacy over all others—and give them all land and property to hold in trust for Allah. Under shari’a, land or property once conquered or acquired by Muslims cannot generally revert to its original owners.

Possessions confiscated from non-believers “is a way of exacting revenge,” writes 11th century jurist Abul Hasan al Mawardi. As Qur’an 57:2 argues, “To Him belongs all dominions of the heavens and earth.” Echoes Qur’an 59:7: “That which Allah giveth as spoil [war booty] unto his Messenger…it is for Allah and His Messenger and for the near of kin.”

Al-Mawardi (d. 1058) holds that Allah authorized the 2nd Islamic Caliph, Umar Ibn Khattab, to confiscate property in three ways—by fulfilling a trust to Islam, by force, or by ruling under Allah’s law—and that it is just to take anything from nonbelievers thereby. (The Laws of Islamic Governance, 1996 Ta-Ha edition, pp. 207-251)

Consider, moreover, modern Muslim Brotherhood applications of classical shari’a law. They claim all territories ever controlled by Islam. Islam will soon reconquer Rome, “the capital of the Catholics, or Crusader capital,” just like Constantinople, Hamas “legislator” Yunis Al-Astal preached on Al-Aqsa TV on April 11, 2008.

Similarly, Islamic laws are key to shari’a finance, MB “economic reforms,” and the MB central plan, “Towards a Worldwide Strategy for Islamic Policy.” Swiss police discovered the so-called Project, penned by Qaradawi, in MB chief financial officer Yusef Nada‘s Lugano villa in November 2001.

The 12-point handbook rests on shari’a interpretations of MB founder Hassan al-Banna, who in 1928 envisioned a caliphate (Islamic empire) to impose shari’a law globally. To establish the universal Islamic state, the plan orders Muslims to conduct “gradual, parallel work to control local power centers …[with] institutional work as means to this end” and create “special Islamic economic, social and other institutions,” as well as “necessary economic institutions” to fund spreading fundamentalist Islam.

Far from benefiting investors, as Islamic finance “scholar” Nizam Yaquby claimed last October, shari’a doctrine advocates a supremacist ideology, commanding Muslims to wage jihad warfare until they subdue all “infidels” and “unbelievers” into accepting universal Muslim rule.

“Holy War is a religious duty, because of the universalism of the Muslim mission and (the obligation to) convert everybody to Islam either by persuasion or force,” argues 14th century Tunisian jurist Ibn Khaldun in The Muqaddimah. Unlike other faiths, he argues, Islam is obligated “to gain power over other nations.” (trans. Franz Rosenthal, abridged, Princeton Univ. Press, 9th printing, 1989, p. 183).

The MB invented shari’a banking and finance in the 20th century to implement classical financial jihad (jihad bi al-mal) and the Islamic statutes requiring it. Al Banna designed the political, economic and financial foundations that give 21st century Muslims tools to fulfill this classical form of jihad, mandated by and central to the Qur’an.

“True believers are those who strive with their wealth and their lives,” states Qur’an 49:15. “Strive for the cause of Allah with your wealth and your lives,” reiterates Qur’an 61:10-11. “Financial jihad is more important than self-sacrificing,” (suicide bombing) instructs Saudi MB cleric Hamud bin Uqla al-Shuaibi. Their sacrifices for Islam necessitates collecting money for mujahadeen, commands Qaradawi.

MB links to Saudi Arabia

Arabian King Saud bin Abdel Aziz welcomed Muslim Brotherhood exiles from Egypt in 1954, 1961 and 1964. He funded the MB’s Islamic University of Medina in 1961 to spread fundamentalist Islam, particularly to foreign students. Later, Saud and his heirs subscribed to the Brotherhood’s bottom line: constructing a cornerstone global financial joint venture—to fund charitable foundations.

The vast resulting web of “relief” organizations include the Muslim World League, Rabitta al-Alam al-Islami, and the International Islamic Relief Organization (IIRO)—all implicated in funding al Qaeda, the 9/11 attacks, Hamas, and a vast array of other MB terrorist groups. As Qaradawi told BBC Panorama on July 30, 2006, donations constitute “jihad with money, because God has ordered us to fight enemies with our lives and our money.”

In 1969, the Saudis used MB guidelines to found the Organization of the Islamic Conference (OIC). In March 2008, President George W. Bush subserviently appointed Pakistani-born OIC “special envoy” Sada Cumber. Identifying with Texas “communities of the Muslim Umma” as much as the U.S., Cumber professes to bring to the OIC official U.S. resources to “tackle” Muslim world problems of “education, culture, the status of women, … science and technology, … [and] civil society…,” rather than present U.S. views there, as expected of diplomats.

More than solving problems, however, the OIC wants to “promote Islamic banking worldwide,” as with the 1973 founding of the Islamic Development Bank (IDB), which since 1975 approved over $50 billion in funding to Muslim nations. In 2001 alone, the IDB also transferred nearly $540 million from Saudi and Gulf royal telethons to fund suicide bombers and the Palestinian Authority war on Israel.

Universal Islamic banking—“a jihad worth supporting”

The MB and IDB Islamic banking architects also now control two central Islamic finance standard-setting agencies—the 1990-founded Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), and “de facto Islamic central bank,” or Islamic Financial Services Board (IFSB). Former Malaysian Prime Minister Mahathir Mohamed christened the latter in November 2002 “to absorb the 11 September shock and reinforce the stability of Islamic finance,” and support “a jihad worth pursuing to abolish … slavery” to the West, namely, a “universal Islamic banking system.”

AAOIFI members include the Saudi Dallah al Baraka Group, al-Rajhi Banking & Investment Corporation, and Kuwait Finance House—all implicated in funding al Qaeda and other MB offspring, according to Richard Clarke, the former national coordinator for security, infrastructure protection, and counter-terrorism. Sudan and Iran—both on the Treasury Department’s Office of Foreign Assets Control (OFAC) sanctions list—are members too. Iran is also a U.S. State Department-designated terror-sponsoring nation.

IFSB members include the central banks of Iran, Sudan, and Syria (all designated state terrorism sponsors) and the Palestinian Monetary Authority (PMA), since its inception, widely documented to fund terrorism.

U.S. laws theoretically prohibit dealing with terrorists, their associates or enablers. Yet AAOIFI and its shari’a board advise many Western banks, Moody’s and Dow Jones. Moreover, terror-supporting Pakistani cleric Muhammad Taqi Usmani heads AAOIFI religious advisers. In September 2007, he ordered British followers to remain “peaceful” only until they are “strong enough for jihad” and to “establish the supremacy of Islam.” Such radicals adorn shari’a boards advising U.S. banks.

Religious banks obviously cannot prevent financial crisis.

Therefore, U.S. government and IRS regulators, bankers and investors should insist on keeping the best, safest and fairest secular markets in the world strictly unIslamic.


All Articles, Poems & Commentaries Copyright © 1971-2021 Alyssa A. Lappen
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Printing is allowed for personal use only | Commercial usage (For Profit) is a copyright violation and written permission must be granted first.

Flash: Moon Is Not Green Cheese

So extensive is current misuse of English that even George Orwell, I think, would be flabbergasted by its prevalence—and its chief source: not the government, after all, but pseudo scholars and unprincipled journalists who might as well contend the moon is made of green cheese, and have all but convinced the world with their reams of false propaganda.

To sensible critics, these malfeasants can only respond with scurrilous, vindictive personal attacks—and never facts—since they apparently have none at their disposal.

Take the verbal assault on Dr. Andrew Bostom by Trans-Atlantic “Un-Intelligencer” journalist John Rosenthal in his “review” of a book on the Mufti of Jerusalem and Nazism.

Remarkably, Rosenthal actually libels Bostom—twice: First, he falsely and maliciously accuses certain “self-professed Islamophobes,” by which he clearly means Bostom, of writing that Islam “was…the source or inspiration of the anti-Semitism of the National Socialists!” Secondly, he falsely and maliciously states that Bostom suppressed a quotation from Adolph Hitler concerning Arabs—simply to lambaste Matthias Kuntzel’s Jihad and Jew-Hatred thesis—when Bostom did no such thing.

Having read both of Bostom’s books in their entirety, and all of his essays, I can attest that he has never suggested Islam as “the source or inspiration of the anti-Semitism of the National Socialists!”

What’s more astounding: Rosenthal subsequently added a footnote to his second libelous passage—admitting that Bostom after all hadn’t omitted Hitler’s quotation on Arabs, concerning their “racial inferiority.” As Bostom has explained, it was irrelevant to his essay’s point on Hitler’s effusive, alternative praise for Islamic aggression, and his profound dual regrets: that Islam had neither prevailed at the 8th century Battle of Tours, nor had “Islamized Germans” stood “at the head of this Mohammedan Empire.” Moreover, Bostom included the full quotation in his forthcoming Legacy of Islamic Antisemitism, as I do below, with notes. [1] Yet, Rosenthal neither corrects his two libels in his text—nor troubles to properly apologize in print.

One leading intellectual replies, Rosenthal attributes to Bostom a thesis he never put forth, and then ridicules him for publishing it. He tries to make people think that Bostom attacked Matthias Kuntzel’s Jihad and Jew-Hatred thesis, and then made

the ‘extravagant proposition’ that the Nazis discovered anti-Semitism by perusing the Koran or by exchanging letters with the mufti.

I have read two of [Bostom’s] books, and most of [his] articles, and nowhere do I remember [him] trying to blame Nazi anti-Semitism on Islam, which would be clearly absurd. …

Rosenthal … implies that the attack on Kuntzel … could not have been motivated by the fact that it is glaringly wrong. You do not have to be a ‘self styled expert in Islam’ to see the fallacy in Kuntzel’s thesis any more than you have to be a self-styled expert in astronomy to know that the moon is not made of green cheese.

There is a concept in economics called anti-work. That happens when people who pretend to be doing productive labor are in fact doing destructive labor—an auto mechanic who, upon examining someone’s car, breaks a part in order that he can charge for fixing it. Kuntzel represents anti-scholarship. He spends a great deal of intellectual labor in order to argue a thesis that no one thought of before. Then he gets a great deal of attention to his thesis, and soon people are wasting their intellectual energies debating it over and over. …

I heartily recommend Bostom’s own rebuttal to Rosenthal’s convoluted and idiotic attack. Read, and learn.

NOTE:
[1] Albert Speer,

who was Hitler’s Minister of Armaments and War Production, wrote a contrite 808 memoir of his World War II experiences while serving a 20-year prison sentence imposed by the Nuremberg tribunal. 808a Speer’s narrative includes this discussion which captures Hitler’s racist views of Arabs on the one hand, and his effusive praise for Islam on the other: 809

Hitler had been much impressed by a scrap of history he had learned from a delegation of distinguished Arabs. When the Mohammedans attempted to penetrate beyond France into Central Europe during the eighth century, his visitors had told him, they had been driven back at the Battle of Tours. Had the Arabs won this battle, the world would be Mohammedan today. 810 For theirs was a religion that believed in spreading the faith by the sword and subjugating all nations to that faith. Such a creed was perfectly suited to the Germanic temperament. [emphasis added] Hitler said that the conquering Arabs, because of their racial inferiority, would in the long run have been unable to contend with the harsher climate and conditions of the country. They could not have kept down the more vigorous natives, so that ultimately not Arabs but Islamized Germans could have stood at the head of this Mohammedan Empire. [emphasis added] Hitler usually concluded this historical speculation by remarking, “You see, it’s been our misfortune to have the wrong religion. Why didn’t we have the religion of the Japanese, who regard sacrifice for the Fatherland as the highest good? The Mohammedan religion too would have been much more compatible to us than Christianity. Why did it have to be Christianity with its meekness and flabbiness?”

A similar ambivalence characterized Nazi Germany’s support for Arab Muslim causes in the World War II era. 811 Hitler for example, in December 1937, even proposed omitting his “racial ladder” theory—which denigrated the Arabs—from a forthcoming Arabic translation of Mein Kampf. 811a Moreover, it is a tragic irony that despite the “very low rung” occupied by Arabs in Hitler’s racial ladder design, 812 the convergence between Nazi racist antisemitism and theological Muslim Jew hatred 813 still resonates across the Arab Muslim, and larger non-Arab Muslim world, to this day.

NOTES:
808. A recently discovered letter, however (Kate Connolly. “Letter Proves Speer Knew of Holocaust Plan,” The Guardian, March 13, 2007), indicates that despite repeated claims he was unaware of Nazi plans to exterminate the Jews, Speer attended a conference in 1943 where Heinrich Himmler, the head of the SS and Gestapo, made clear the Nazi regimes genocidal program during what has become known as the Posen speech. Writing in 1971 to Helen Jeanty, widow of a Belgian resistance leader, Speer admitted, “There is no doubt—I was present as Himmler announced on October 6, 1943 that all Jews would be killed….” Who would believe me that I suppressed this, that it would have been easier to have written all of this in my memoirs?
808a. Albert Speer. Inside the Third Reich. 1970, New York, p. 96
809. Ibid.
810. Charles Emmanuel Dufourcq, however, recounts how the Arab jihad ravages of Western Europe continued apace after their defeat at Tours. The Arab invaders found the Mediterranean regions of France, Italy, and Sicily, “more attractive” prey, in particular the churches and monasteries. Dufourcq wrote, (from Bostom, The Legacy of Jihad, pp. 421-422: Around 734-735 they stormed and took Arles and Avignon. From the coast of Provence and in Italy, their sailors preceded the cavalry or substituted for them. In 846 they disembarked at the mouth of the Tiber, seized Ostia, went up the river, refrained from attacking the wall of Rome, but pillaged the Basilicas of Saint Peter and Saint Paul, which at that time were both outside the walls. This alarm prompted, as a counter-measure, the construction of a new Roman enclosure encompassing Saint Peter’s and rejoining the old one at the Castello Santangelo, the old mausoleum of the Emperor Hadrian. In 849 the Moslems attempted a new landing at Ostia; then, every year from around 857 on, they threatened the Roman seaboard. In order to get rid of them, Pope John VIII decided in 878 to promise them an annual payment of several thousand gold pieces; but this tribute of the Holy See to Islam seems to have been paid for only two years; and from time to time until the beginning of the tenth century, the Moslems reappeared at the mouth of the Tiber or along the coast nearby. Marseilles, for its part, was also hit: in 838 the Arabs landed there and devastated it; St. Victor’s Abbey, outside the walls, was destroyed, and many inhabitants of the city were carried off in captivity; ten years later a new raid occurred, the Old Port was again sacked. And this perhaps was repeated once more around the year 920. The whole Italian peninsula was similarly exposed: around 840 Moslem ships followed the Adriatic coasts as far as the Dalmatian archipelago and the mouth of the Po River. Then, returning South, they dared to attack a city, Ancona, some two hundred kilometers northwest of Rome; a sort of commando dashed ashore: the city was devastated and set on fire. During their conquest of Sicily, when they took Syracuse in 878, after a deadly attack, they were exasperated by the resistance that they met with. When they rushed into the city, they found along their way the Church of the Holy Savior, filled with women and children, the elderly and the sick, clerics and slaves, and they massacred them all. Then, spreading out through the city, they continued the slaughter and the pillage, had the treasure of the cathedral handed over to them; they also took many prisoners and gathered separately those who were armed. One week later all of the captives who had dared to fight against them were butchered (four thousand in number, according to the chronicle al-Bayyan). In 934 or 935, they landed at the other end of Italy, at Genoa, killed “all the men” they found there, and then left again, loading onto their ships “the treasures of the city and of its churches”. A few years later they settled for a time, it seems, in Nice, Fréjus, Toulon… One could list many other similar facts. Generally speaking, in these Arab raids carried out by a cavalcade or after a landing, the churches were especially targeted, because the assailants knew that they would find there articles used in worship that were made of gold or silver, sometimes studded with precious stones, as well as costly fabrics. And because the churches were considered to be an offense against God, the One God, given that they were consecrated to the “polytheistic” belief in the Trinity, they were then burned down. The bells were the object of particular animosity, because they dared to amplify the call to infidel prayer by resounding through the skies, towards heaven; therefore they were always broken.
811. Lukasz Hirsczowicz. The Third Reich and the Arab East, 1966, London, pp. 315-316.
811a. Ibid., p. 46
812. Ibid., p. 315.
813. The fourth conference of the Academy of Islamic Research; D.F. Green. Arab Theologians on Jews and Israel; Bat Ye’or. Chapter XXI “The New Egyptian Jew Hatred—Local Elements and External Influences” in Jews in Egypt (Hebrew), 1974, Jerusalem. Full English translation of the original French by Susan Emanuel is presented herein; Tantawi. Banu Isra’il fi al-Qur’an wa al-Sunna [Jews in the Qur’an and the Traditions]


All Articles, Poems & Commentaries Copyright © 1971-2021 Alyssa A. Lappen
All Rights Reserved.
Printing is allowed for personal use only | Commercial usage (For Profit) is a copyright violation and written permission must be granted first.