Islamic banking in South Africa – form over substance?

Purpose - The purpose of this study is to understand the economic substance of Islamic banking transactions in South Africa and to analyse whether the economic substance is closely related to the legal form. Additionally, this study highlights the similarities and differences in the execution of Islamic banking transactions across different South African banks. The transactions analysed are deposit products ofqardandMudarabahand financing products ofMurabaha,Ijarahand diminishingMusharaka. Design/methodology/approach - The study was conducted through interviews with representatives from each of the four South African banks that offers Islamic banking products. Interviews were semi-structured and allowed interviewees to voice their perspectives, increasing the validity of the interviews. Findings - The study found that specificShariahrequirements of Islamic banking transactions are considered and included in the legal structure of the contracts by all four banks offering Islamic banking products. However, the economic reality of these transactions was often significantly different from its legal form and was found to, economically, replicate conventional banking transactions. The study also found that all four banks offer Islamic banking products under the sameShariahprinciples, but in some instances (e.g. diminishingMusharaka), execute these transactions in different ways. This study is the first of its kind in South Africa. Research limitations/implications - While safeguards have been used to ensure the reliability and validity of the research, there remain a few inherent limitations which should be noted: interviewees, while chosen for their expertise and level of knowledge, may provide highly technical insight which may be difficult to interpret. Detailed technicalities were therefore excluded from this research. The regulatory environment of banks in South Africa, for example, regulation imposed by the Financial Service Board on all financial institutions in South Africa, has not been explored. However, the regulatory environment was brought to the readers’ attention to help illustrate certain themes. This research uses onlyShariahrequirements as detailed in Section 2.2 to analyse transactions. Fatwas (rulings) issued by theShariahBoards of South African Islamic banks have not been included in this study and may be an area of future research. Originality/value - This study is the first of its kind in South Africa. The study adds to the Islamic banking literature by analysing the real execution of Islamic banking transactions rather than the theoretical compliance withShariahlaw.