Winter 2012
The Evolution of Participation Banking in Turkey Liam Hardy
INTRODUCTION religiously Participation banking, a moniker for financial conservative Islamic finance in practices structured in accordance with Islamic segments of Turkey is a more law, has not traditionally made up a large Turkey became recent phenomenon. segment of Turkey’s finance sector due to the marginalized in Changes in country’s secular tradition since the start of the both modern Republic in 1923. However, participation policymaking government priorities banking has grown in recent years because of and business, and public more permissible public attitudes, decreased trust which were sensibilities have in the conventional banking sector after financial highly allowed participation crises in 2001 and 2008, and the desire to attract interconnected. banking to gradually capital from the Gulf region. As a result, the The country’s current government, led by the Justice and constitution and acquire legitimacy, Development Party (AKP), has sought to shape a government particularly within the regulatory framework for participation banking in were modeled past decade. line with the country’s changing sensibilities after France’s towards the role of religion in public life. This has “laicité” system, developed in conjunction with an expansion of which mandated a separation of religious and Islamic finance in the global economy more political affairs. The Caliphate and Sultanate were generally. disestablished, the veil was banned from public Given its secular identity, Turkey would at venues, religious convents and dervish lodges first appear incompatible for Islamic finance in its were closed, and the Directorate of Religious economy. The modern nation‐state of Turkey, Affairs was entrusted with writing the Friday founded after the breakup of the Ottoman sermons and monitoring religious activity. Empire, was deeply influenced by the reforms of The state bureaucracy and military routinely its founder and first president, Mustafa Kemal resisted Islamic influence in business and finance Ataturk. While Ataturk set about implementing throughout the Republican period following these the country’s reforms in the 1920s and 1930s, reforms. During much of this time, Turkey had a highly centralized economy and followed a policy Liam Hardy, Master of International Business 2012, of “etatism,” whereby state institutions owned is concentrating in International Finance & Banking and managed most important industries. The and Southwest Asia & Islamic Civilization. He issue of Islamic finance was not a consideration, graduated with a B.A. from Georgetown University. as conventional financial intermediation was He previously worked for a Turkish newspaper and practiced in line with European norms, as it had business association and spent summer 2011 as a been since the Ottoman period. graduate intern for the Black Sea Energy and Islamic finance in Turkey is a more recent Economic Forum of the Atlantic Council. phenomenon. Changes in government priorities
© The Fletcher School – al Nakhlah – Tufts University 160 Packard Avenue – Medford, MA 02155-7082 USA – Tel: +1.617.627.3700 2 al Nakhlah and public sensibilities have allowed participation development as part of the global economy has banking to gradually acquire legitimacy, been a relatively recent phenomenon. While the particularly within the past decade. The idea of modern Islamic finance has been traced to expanding magnitude of associated clientele and Indian Muslims in the 1940s, and precursors took deposits has allowed participation banks to reach place in Egypt in the 1960s, the first Islamic over 4.5 percent of market share in total assets, up financial institutions took shape during the 1970s.1 from nearly 1 percent in 2001. Turkey has gone Under the auspices of the Organization of the through a fundamental shift since the rise to Islamic Conference (OIC), and with backing from power of the AKP, which has sought to promote Saudi leaders such as King Faisal, Muslim leaders greater religious influence in the country despite sought to create an Islamic banking system that the historically secular identity of its ruling could help manage the “political and economic bureaucracy and military. The country recently destiny” of the Islamic world.2 The challenge passed new legislation to encourage Islamic would be creating a system that would be banking in the private sector, and government “consistent with religious precepts” and “viable officials have indicated interest in issuing in the modern global economy” through a process sovereign sukuk, comparable to bonds, for funding of itjihad, loosely defined as the careful reflection federal budget requirements. and effort used for interpreting Islamic texts.3 These changes represent a shifting paradigm Under these conditions, the Islamic Development in the level of acceptance for participation Bank was founded in 1974 at an OIC summit in banking in Turkey. They have also unfolded in Lahore, and a number of Islamic banks began to the context of two periods of economic turmoil: operate in the following years.4 the domestic financial crisis of 2001 and the global While conventional finance facilitates the financial crisis of 2008. Participation banking flow of capital to investment opportunities that emerged stronger after each of these periods of provide the highest return in the marketplace, instability. The shift in tolerance fits a trend of Islamic finance governs investments with an moving away from a highly state‐controlled underlying altruistic rationale of producing the economy towards greater economic liberalization. most optimal socioeconomic outcome in line with However, participation banking’s role in the Islamic norms.5 Some notable characteristics economy will likely grow as Turkey considers include its avoidance of riba, interest‐based options for attracting investors from the Arab lending or usury, and gharar, speculation or Gulf region who are currently highly liquid in uncertainty. It also has a special focus on halal, or terms of capital and also religiously conservative. religiously permissible activity – such as Despite its growing popularity, Islamic observing dietary restrictions on alcohol, tobacco, banking remains a small part of the total financial and pork – as well as other ethical and religious sector and will likely remain so due to lack of goals.6 The reason for these distinctions involves penetration in the market and strong competition Islam’s preoccupation with creating a “moral from the conventional banking system. Turkey economy,” where profits from commerce are also has much deeper conventional capital generally seen as more favorable in comparison markets than other Muslim majority countries with profits from money‐lending or speculation, that did not pursue similar policies of which are considered sinful or undesirable modernization during the last century. because of potential negative social consequences. Meanwhile, the compatibility between the The underlying contracts of Islamic products country’s secular legal identity and state forms of differ from their conventional counterparts in participation finance, such as sovereign sukuk structure. For example, murabaha, a sale‐based issuances, remains contentious. instrument similar to a conventional loan, involves the purchase of an asset by a bank and its ISLAMIC FINANCE IN THE GLOBAL ECONOMY sale to the client at a cost plus a declared profit.7 Islamic finance is a source of funding that The structuring as a sale has important legal adheres to Islamic fiqh, or jurisprudence, and its implications according to fiqh, which has an
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 3 elaborate set of rules governing sales that dictate extent that globalization has affected capital the terms of risk and mutual consent.8 These rules markets in the past several decades, Islamic seek to ensure the security of the investment and finance has become transnational in scope and avoid social conflict among the relevant parties importance. through framing the transaction as a commercial one involving an agreed‐upon cost and profit. ORIGINS OF ISLAMIC FINANCE IN TURKEY Other sale‐based products can include the Conflict between Islamic banking and financing of commissioned manufacturing or Turkey’s secular identity seemed inevitable from construction, istinaa, or a forward sale, salam, the start. Islamic finance faced strong competition which require structures different from their from both public and private conventional banks conventional equivalents as well. Lease‐based and a skeptical public. Since Ataturk’s reforms, instruments, ijara, are similar to traditional leasing Turkey had a highly centralized economy and with certain distinctions, and equity‐based followed a policy of “etatism,” whereby state financial intermediation can take place through institutions owned and managed most important profit and loss arrangements known as industries. However, the 1980s saw a period of mudaraba.9 liberalization of Turkey’s tightly controlled These products can be disputed and can economy under the Prime Ministry of Turgut differ among geographic regions because local Özal. This followed the global trend away from religious scholars often have different centrally‐planned economies and also resulted interpretations of the Islamic law underlying the from poor economic performance under the financial transactions. The rising use of Islamic etatist system. As part of a plan to attract more finance in the global economy, however, suggests foreign direct investment from the Arab Gulf a more standardized future. Governments in states, a 1983 federal decree legalized the many countries are creating regulatory operation of “special finance houses” to provide frameworks for Islamic financial products that interest‐free banking without any direct reference will contribute to this process. This is particularly to Islam or religion. These institutions were true for the recent and somewhat controversial highly regulated by a skeptical bureaucracy, financial innovations, like sukuk, which are however, and did not have the same status as certificates representing ownership of an conventional banks. They were not covered by the underlying pool of assets that are religiously Central Bank of Turkey’s insurance program and acceptable, allowing the holder to collect returns could not invest in government securities. from the sale or lease of the assets. These can be The sector traded as fixed income like bonds, and some non‐ experienced Muslim countries, such as South Africa, have further growth, Although Islamic considered issuing sovereign sukuk.10 As of however, when finance grew steadily December, nearly 86 corporate issuances valuing established over $23.3 billion had been offered globally in Islamic finance during the 1980s and 2011, with 71 occurring in Malaysia, which houses from the 1990s, it still dominates the market and has been a leader in the Gulf began constituted a small innovation and growth of Islamic finance outside setting up portion of the banking of the Gulf region.11 Central governments issued “special finance sector, offering mainly four tranches valued at nearly $4.7 billion, two of houses” in retail banking and them coming from Malaysia.12 Islamic finance has Turkey to grown in Pakistan, Iran, Sudan and the Gulf states provide non‐ deposit accounts as of Saudi Arabia, Bahrain, Qatar, United Arab interest finance basic services. Emirates and Kuwait. Beyond the Islamic world, without any Singapore, Hong Kong, the United Kingdom and direct reference the United States have also developed windows to Islam, and for Islamic banking in their private sectors. To the smaller domestic companies followed in their
© The Fletcher School – al Nakhlah – Tufts University
4 al Nakhlah wake. Key players included Bahrain‐based Al in three days, negatively affecting the values of Baraka Turk and Saudi‐based Faisal Finans assets on the balance sheets of banks and the Kurumu, which each opened subsidiaries in 1985. companies they financed.14 As Turkey began The Kuwaiti‐based Kuveyt Turk Kurumu began suffering from rapidly increasing inflation, the operations in 1989. These financiers from the Gulf International Monetary Fund (IMF) was consulted maintained a small presence and catered to to mitigate instability with a disinflationary Turkey’s religious clients who needed financing program. but did not want to turn to the country’s The crisis had a major negative effect on the conventional banks. Eventually, special finance entire banking sector, and the participation banks houses began lending with mainly domestic also suffered. Turkish holding company Ülker capital, including: Anadolu Finans (1991), Ihlas purchased Faisal Finans in 2000, changing its Finans (1995) and Asya Finans (1996).13 Like their name to Family Finance House. Then, Ihlas Finans Gulf‐state predecessors, they maintained a small filed for bankruptcy in 2001 as the liquidity crisis presence in the market and catered mainly to a in Turkey reached its peak.15 Of the six specialized and religious clientele while trying participation banks in Turkey, only the largest carefully not to attract too much attention from and most exposed, Ihlas, went into bankruptcy.16 the secular establishment. In comparison, over twenty conventional banks Although Islamic finance grew steadily failed.17 Because the deposits of Ihlas Finans were during the 1980s and 1990s, it still constituted a not protected by the Central Bank’s insurance small portion of the banking sector, offering system, and Ihlas could not invest in government mainly retail banking and deposit accounts as securities, a major proportion of the investments basic services. The state bureaucracy, military and were in illiquid assets and projects. In the initial leading business figures in Istanbul and Ankara stages of the financial crisis, Ihlas and other viewed Islamic finance suspiciously due to their participation banks were thus not as greatly strong commitment to Kemalist and secular affected as state and conventional banks, which values. However, a growing class of more could hold liquid government securities.18 conservative and religiously‐observant However, when the liquidity crisis hit, Ihlas’ businessmen eventually began to challenge this exposure led to its collapse. It experienced a norm. traditional bank run on its deposits and could not find the cash needed to cover outstanding THE 2001 ECONOMIC CRISIS AND COLLAPSE liabilities.19 The remaining participation banks OF IHLAS FINANS survived the crisis intact, and the country’s state Following the Asian financial crises in the and conventional banks suffered most, as the late 1990s, Turkey’s economy experienced special finance houses still only represented less tremendous volatility, which caused some than three percent of the total financial sector. consolidation of the participation banking sector. The 2001 crisis led to an overhaul of Turkey’s Poor regulation, the accumulation of bad debt, financial system, and the parliament passed a new and politically motivated lending contributed to a banking law in response (No. 4389). In addition to severe financial crisis in Turkey in 2001. This strengthening banking regulations and creating affected all aspects of the banking sector, although new oversight bodies for conventional banks, law state and conventional banks suffered more than No. 4389 founded the “Union of Private Finance the special finance houses since they had a much Houses” in order to address common issues larger role in the overall economy. In the 1990s, among participants and provide a level of state the banking sector had channeled too much control for the sector. All special finance financing to the public sector and not enough to institutions were required to become members of private enterprises, leading to large interest rate this association, but they still lacked many of the and foreign exchange risks. On February 22, 2001, privileges of state and conventional banks, such the Turkish lira moved from a crawling peg to a as the provision of deposit insurance. In 2006, free floating regime and depreciated by 40 percent banking law No. 5411 officially replaced the term
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 5 “special finance” institutions with the moniker progress made “participation banking,” which was considered by the secularist more appealing, and the Union of Private Finance coalition Participation banks Houses became the “Participation Banks governments have experienced Association of Turkey” (TKBB). The new law during the steady growth as a created a Savings Deposit Insurance Fund for 1990s. The AKP result of more participation banks, which granted much needed has its roots in security for depositors. Accounts of up to 50 the Islamist‐ conducive regulatory thousand Turkish liras became insured and oriented Welfare and legislative additional uninsured deposits became eligible for Party, which measures instituted protection under Turkey’s bankruptcy laws.20 had been elected by the ruling Justice & These changes were instrumental in creating a to parliament in Development Party. more favorable regulatory framework for 1996 but was participation banking in Turkey. disbanded after The TKBB currently consists of the four the Turkish military threatened to stage a coup practicing institutions in Turkey ‐Kuveyt Turk, Al the following year. The party has a strong Baraka Turk, Turkiye Finans and Bank Asya and constituency of conservative businessmen in represents their interests. According to its central Anatolia, sometimes referred to as the website, the TKBB’s objective is to defend the “Anatolian Tigers,” and migrants to major cities.24 “rights and interest of participation banks within This change in political leadership has the frame[work] of the free market economy and ushered in a wider level of acceptance for full competition principles in direction of the participation banking in Turkey. The sector has banking system regulations.”21 It also carries out grown annually since 2001 in terms of deposits. studies and advocates for the practice of Exhibit 1 shows the levels of growth of participation banking in line with Turkish participation banking in terms of total assets and banking laws.22 The TKBB provides statistics, as a percentage of the entire financial sector in reports, training and conferences about interest‐ Turkey and displays a steadily rising trend. The free banking. It operates with a committee sector increased from 2.4 million to 33.6 million structure that includes working groups on Turkish liras in deposits and from a 1.08% to legislation and ethics, law, arbitration, financial 4.03% growth rate from 2001 to 2009. This affairs, financial advice, risk management, occurred despite a 4.8% contraction of GDP training, banking services, techniques, prevention growth rate in 2009 due to the global recession.25 of money laundering and administrative works.23 While the country responded quickly to the downturn and has maintained high GDP growth TRENDS AFTER THE 2008 GLOBAL FINANCIAL rates in 2010 and 2011, the participation banks are CRISIS clearly gaining market share. Exhibit 2 compares Participation banks have experienced steady the share of participation banks and conventional growth as a result of more conducive regulatory banks according to five metrics. It shows a steady and legislative measures instituted by the ruling increase for participation banks and decrease for Justice & Development Party, or AKP. After a conventional banks from 2005 to 2009. series of coalition governments in Turkey, the Significantly, while percentages of assets and AKP was voted into power in 2002 largely deposits have grown to 4.5% and 6.05% because of the previous year’s economic crisis. respectively, they still remain minor as a share of The dual emphasis on “justice” and the total banking sector in Turkey. Though the use “development” embodied by the party’s name of participation banking has increased has made the AKP popular among not only its dramatically, it has a long way to go before it more conservative and religious base but also a competes with conventional banking as the large number of centrists who became dominant form of financial intermediation. discouraged by the alleged corruption and lack of
© The Fletcher School – al Nakhlah – Tufts University
6 al Nakhlah The global financial crisis has allowed number of branches and employees in 2009 and proponents of Islamic finance to market interest‐ 2010.32 In 2009 it took a 40 percent stake in free banking as a more secure alternative to Tamweel Africa Holding SA, an Islamic bank in conventional banking, and this may account for Dakar, Senegal, hoping to spread its activity in the increases in deposits seen in Turkey during Africa. Furthermore, the bank has marketed the past few years. Scholars Ismail Özsoy and aggressively in the past several years, recently Aydin Yabanli said the 2008 crisis “drew focus to sponsoring the First League of Turkish Islamic banking” because it “does not allow Professional Soccer in 2008.33 foreign exchange speculation, hedge funds and Success has also followed participation banks transfer of debts as is the case with the mortgage started with Gulf capital. Al Baraka Turk, with crisis in the U.S.”26 They also argued that roots in Bahraini Dallah al Baraka, has done well participation banks in Turkey are stronger now in the Turkish market and increased its foreign that they are subject to added regulations and direct investment. Like Bank Asya, Al Baraka take part in a Savings Deposits Insurance Fund in Turk has expanded rapidly in the past decade, case of liquidation.27 While Turkey made progress increasing its branches from 24 in 2002 to 109 in in developing its capital markets since 2010.34 It held an initial public the 2001 crisis, the 2008 crash may have offering in 2007 and signified the pitfalls of conventional The global financial spearheaded some of the finance and the potential for crisis has allowed advances in the sector in past exploitation to many religiously years, such as the creation of observant Turks who may have turned proponents of Islamic the Savings Deposit Insurance to participation banking believing that finance to market Fund and advocating for the Islamic finance represents a safer or interest-free banking name change to participation more ethical financial system. as a more secure banking.35 Sixty two percent Despite the global financial crisis, alternative to of its shareholder structure participation banks have benefited from conventional banking stems from foreign capital, the rise of the AKP and the regulatory including 54% from the Al changes. Bank Asya, founded in Turkey Baraka Group, nearly 8% largely with Turkish capital, has from the Islamic become a popular retail bank for Development Bank and religious clients, and its recent success signifies nearly 3.5% from the Alharthy Group. While the sector’s legitimization in recent years. The 11.4% comes from local Turkish investors, nearly origin of the bank lies with a religious tarikat, or 22.5% is publicly traded on the Istanbul Stock movement, called the Gulen movement. In 2006, Exchange.36 Kuveyt Turk represents an Islamic the bank floated 23 percent of its shares on the bank from the Gulf that is not publicly traded. It is Istanbul Stock Exchange in the first initial public 62% owned by Kuwait Finance House and has offering for a participation bank in the country minority stakes of nearly 19% from the since Ihlas Finans collapsed.28 By 2010 it floated Directorate General of Foundations of Turkey, 9% 52.5% of its shares.29 In 2007, the Bank also from the Kuwait Social Security Institution, 9% established a Level 1 American Depository from the Islamic Development Bank.37 Lastly, the Receipt program with Bank of New York Mellon, participation bank Turkiye Finans grew out of the which is traded on the over‐the‐counter market consolidation of several Turkish banks. The under the ticker symbol ASYKY.30 Bank Asya has National Commercial Bank (NCB) of Saudi Arabia been the fastest growing participation bank in acquired 60 percent of Turkiye Finans’ shares in Turkey over the past several years, experiencing a 2008 in an agreement arranged by HSBC, an 56 percent rise in deposits to 9.1 billion liras in acquisition resulting from the global financial 2009 alone.31 While financial institutions in the crisis.38 These developments reflect a trend of United States and Europe were contracting and increased foreign direct investment by Islamic laying off employees, Bank Asya increased its banks from Gulf countries into Turkey and
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 7 suggest the sector will likely continue to grow as a not surprisingly, means of financial intermediation. the debate on Turkeyʹs The creation of the SUKUK FINANCING AND GOVERNMENT proposed debut regulatory framework INVOLVEMENT sovereign sukuk for corporate sukuk The creation of the regulatory framework for is bordering on demonstrates the corporate sukuk demonstrates the Turkish the farcical, with government’s proactive interest in enabling the pundit after Turkish government’s means for more Islamic finance. First issued in pundit either proactive interest in 2002 in Malaysia, sukuk has become a popular espousing its enabling the means form of Islamic financing, and banks in Turkey virtue as a for more Islamic have experimented with issuances. Sukuk liquidity raising finance. resemble conventional bonds but differ off balance sheet fundamentally in their structure. Whereas bonds financial tool, or are contractual debt obligations, the holders of warning of the doom and gloom of creeping sukuk own a specific asset backed by other Islamic Islamism and the erosion of the Kemalist financial instruments and are entitled to receive constitution.”44 The article alleged that Finance the profit generated from that asset as well as the Minister Simsek confirmed the government was proceeds from its sale. They are tradable, provide “looking at alternative sources of financing” and periodic returns and may appreciate.39 was “in the process of drafting enabling A framework for selling corporate sukuk in legislation to facilitate” instruments that would Turkey was set up in April 2010, and Kuveyt Turk “meet the demands of investors in parts of the issued the country’s first sukuk offering under an world where liquidity is highʺ – likely referring to arrangement by Citigroup in September of the the Islamic Middle East.45 Furthermore, Selim same year with a $100 million issuance.40 Hulusi Yesilbas, the head of the International Finance Horozoglu, director of global Islamic banking at Markets at the Turkish Undersecretariat of the Citigroup, said at the time: “We believe there is Treasury, allegedly told a local newspaper the significant appetite for sukuk issuances, both on government was exploring the possibility of the issuer and investor sides, and we would issuing a sovereign leasing sukuk, or sukuk al‐ijara, expect to see greater volumes going forward,” on a “sale‐and‐lease back structure.”46 adding that a “key driver for this market will be The debate over sovereign sukuk issuance in the growth in Islamic banking at the retail level, Turkey remains a contentious issue as a means of which has shown tremendous growth over the public financing. As the country needs to finance preceding few years.”41 its current account and the European debt crisis While corporate sukuk has not posed a has decreased European portfolio investments to problem and appears set to expand, the possibility Turkey, it seems logical that sovereign sukuk of sovereign sukuk issuance remains controversial. might be issued to attract Gulf investors if a In an August 2010 interview, Finance Minister regulatory framework permits. Turkey’s state Mehmet Simsek revealed that the government is banks have allegedly issued non‐interest loans considering selling sovereign sukuk in the future. successfully in the past, and the Treasury might However, such a scenario would have to issue sukuk despite the ambiguity of its legality.47 overcome legal hurdles.42 The country’s According to lawyer and Islamic finance expert Constitutional Court could potentially challenge Jamie Durham, international sukuk ultimately the issuance of sovereign sukuk on the grounds of represents “a series of contractual obligations violating the policy of state secularism expressed enforceable in accordance with their terms just in Article 2 of the constitution.43 like any other contractual obligation.”48 Thus, the There was speculation as to whether Turkey relevant obligations’ being “part of a sharia would issue sovereign sukuk as far back as compliant structure should not make any January 2009. As one writer described: “Perhaps difference to their enforceability.”49 The issue
© The Fletcher School – al Nakhlah – Tufts University
8 al Nakhlah remains opaque as a matter of public policy and and alcohol companies, for example, would be hinges on interpretation of the country’s excluded from financial support.55 The legislation constitution, which defines state secularism. If would also give a board based in Saudi Arabia the Islamic financial products are structured in a way authority to inspect whether Turkish companies that provides interest‐free tranches without direct comply with Islamic principles.56 The main reference to religion, there appears to be no opposition Republican People’s Party, or CHP, conflict – although the line between successfully blocked the law in 2004, but it passed interpretations of state law and religious law with less than a minute of debate in the Ankara becomes less clear. assembly in 2011.57 The legislation provides Debate over the creation of a new further evidence of the greater legitimacy of constitution in Turkey has been ongoing since the Islamic finance in Turkey and the greater military‐imposed 1980 constitution. The AKP has inclusion of religion in public life generally. been outspoken about its desire to renew the Thus far, however, the judiciary has not constitution in order to incorporate more challenged such legislation for violating Turkey’s individual freedoms. It formed a new draft in state secularism as defined by the constitution. 2007, but this was rejected in the committee stages Allegations of the potential sponsorship of due to the sensitivity of its potential impact on the military coups in Turkey among the secular use of female headscarves at the time. In judiciary, media and military by means of the September 2010, the AKP passed a package of Ergenekon and Sledgehammer investigations amendments to the constitution, but throughout have perhaps deterred investigators from the 2011 parliamentary election campaign it called disputing such legislation for fear of becoming for an entirely new charter with a presidential associated with these accusations. Ergenekon is an system.50 Now that the AKP has won a third term alleged ultranationalist gang accused of planning in power after the June 2011 elections, Prime to topple the government by staging a coup, Minister Erdogan has made constitutional reform initially by spreading chaos and mayhem. It is a top priority. How and whether reform will allegedly an extension of the “deep state,” an overcome the constitution’s secular mandate to unofficial organization that has operated above affect the Islamic finance sector remains unclear. the elected governments. Meanwhile, according to Meanwhile, government support for Islamic the allegations in the Sledgehammer case, the finance has been demonstrated in other ways. The military planned drastic measures to foment first “participation index,” launched in January unrest in Turkey in order to remove the AKP from 2011 by the Istanbul Stock Exchange, includes power in a coup. Supporters of the investigations equities in Turkey that adhere to the principles of cite their accuracy while critics say the Islamic lending.51 Fahrettin Yahşi, chairman of the government has manipulated them to suppress TKBB and general manager of Albaraka Turk, opponents in the secular military, bureaucracy said the index would “provide standardization in and media.58 the sector.”52 In February 2011, the Turkish parliament passed legislation for an international FUTURE OUTLOOK AND POLICY deal to “promote Islamic finance and improve IMPLICATIONS access to funding based on religious rules.”53 The Islamic finance has undoubtedly become a Islamic Development Bank, or IDB, would global phenomenon, and as the sector grows, the provide financing to companies in Turkey policy implications for its use merit attention from operating under procedures of Islamic international observers. Participation banking has production, according to a 1999 agreement gained legitimacy in Turkey over the last decade, between the Islamic Corporation for the particularly since 2008. This trend will likely Development of the Private Sector, or ICD, and continue as long as Islamic investments are IDB member countries.54 Thus, companies deemed as secure alternatives to conventional processing pork, tourism facilities that provide products and devout Muslims increasingly choose service for women and men in mixed company to comply with religious norms. Since the AKP
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 9 won the June 2011 parliamentary elections by a economy. ʺIn effect, we have to zero the real popular majority of nearly 50 percent of the votes, interest rate, this should be our goal, this is what government support for participation banking is we should achieve,ʺ Erdogan told a meeting of the likely to continue. While corporate issuances have conservative business group the Confederation of already taken place, the issue over whether a Turkish Industry and Business (TUKSON), sovereign issuance of Islamic sukuk will occur adding ʺSo we have to…not make money from remains opaque since any attempt to issue a money but, quite the opposite, to gain power from sovereign tranche might be challenged in the production and investments.ʺ61 While Turkey’s country’s judicial system as violating the Central Bank ought to pursue an independent country’s state secularism clause in the policy in order to achieve its principal mandate of constitution. maintaining price stability, political pressures can Whether this happens will be potentially play a role in decided by Turkey’s courts and legal decision‐making. The bank has scholars. However, the separation of …the separation of recently come under criticism state and religion experiences a state and religion for keeping artificially low paradox in Turkey since the assets of experiences a interest rates due to political religious institutions are essentially pressure.62 The bank, owned and controlled by the state. The paradox in Turkey meanwhile, has defended its Directorate for Religious Affairs is a since the assets of policy by saying the low rates publicly funded state institution that religious institutions are needed to maintain growth “exercises guidance on religious and are essentially owned due to the possibility of moral issues and administers all 85,000 and controlled by the recession in the European mosques in Turkey,” usually taking Union, Turkey’s largest export stances that adhere to the state. market.63 Thus, while Islamic interpretations of the Hanefi school of finance has been discussed as a thought in Sunni Islam.59 In a comparative matter of public policy at top levels, the shape in context, whereas American secularism evolved so which it will potentially manifest itself in the that the constitution restricts the power of the economy is unclear. government to create religious institutions ‐ and Surely, participation banking still only much of the subsequent debate in future years has reflects a small portion of the total banking sector hinged on the use of money for religious purposes in Turkey, and it would have to overcome a much ‐ Turkish secularism evolved as a way of larger and well‐established conventional banking controlling religion in public life.60 The system to become a dominant form of financial constitution affirms the country as a secular state intermediation. Nevertheless, Turkish investors rather than restricts the powers of the legislature. who want to make sure the religious alignment of Indeed, the Directorate of Religious Affairs has their investments are finding alternatives, and the historically used its power to make sure religion changes are significant for Turkey’s identity and remains subservient to the state. Thus, the use of policy beyond the scale of the sector. Turkish public funds for religious purposes is considered foreign and economic policy has customarily normal, and the use of Islamic finance as a matter remained independent from that of the Arab Gulf of public policy could conceivably evolve in this states since the formation of the Turkish Republic. context. However, a new activism and increased soft At the same time, its use will be constrained power has emerged as a result of a more Islamist by markets. For example, in May 2011 Prime Turkey seeing greater popularity on the “Arab Minister Recep Tayyip Erdogan expressed that Street.” A “Turkish model” has been discussed in interest rates for the Central Bank of the Republic countries like Tunisia, Libya and Egypt that have of Turkey should be at zero, effectively at a level overthrown secular dictators since the Arab equal to inflation, but such a goal is highly Spring, where Islamist parties promulgate both unlikely in a highly interconnected global economic growth and religiosity within legitimate
© The Fletcher School – al Nakhlah – Tufts University
10 al Nakhlah legislative governments. Some of these countries that Islamic finance may gain additional footholds have recently held elections, and Islamist parties throughout the region. For example, five new inspired by Turkey’s AKP are competing for Islamic banks from the Gulf are reportedly power. These include the Al Nahda Party of planning to enter the Turkish market in the near 66 Tunisia, which won the most parliamentary seats future, according to a recent report. While the in the October 2011 election, the Justice and extent to which Islamic finance will affect policy Development Party of Morocco, which won the issues in Turkey is yet to be determined, it clearly most seats in the November 2011 election, and the will take on a larger significance for economic Freedom and Justice Party of Egypt, which development in a greatly more interconnected represents the political movement of the Muslim region. 64 Brotherhood. Turkey has sought to influence the The views and opinions expressed in articles are changes sweeping over the Arab countries and strictly the author’s own, and do not necessarily export its brand of secularism, as demonstrated represent those of Al Nakhlah, its Advisory and when Erdogan advocated its adaptation in Egypt Editorial Boards, or the Program for Southwest Asia 65 during a visit. Given the direction of these and Islamic Civilization (SWAIC) at The Fletcher ongoing transitions, it is reasonable to assume School.
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 11
Appendix
Exhibit 1: Participation Banking Growth. The blue bar represents growth in assets in millions of Turkish lira. The black line represents the percentage of the total financial sector. Source: The Participation Banks Association of Turkey (TKBB) website.67
Exhibit 2: Source: Arslan and Ergec, ʺThe Impact of Interest Rates on Conventional and Islamic Banks: The Case of Turkey.ʺ (Numbers in millions TRY).68
© The Fletcher School – al Nakhlah – Tufts University
12 al Nakhlah
Works Cited
1 Ibrahim Warde, Islamic Finance in the Global Economy, (2nd Ed. Edinburgh: Edinburgh University Press, 2010), 70 2 Ibid. 3 Ibid., 71 4 Ibid., 72 5 Ibid., 41 6 Ibid., 7 7 Ibid., 142 8 Ibid. 9 Ibid., 144‐145 10 “S Africa: the first sovereign sukuk outside the Muslim world?,” Financial Times, December 6, 2011. < http://blogs.ft.com/beyond‐brics/2011/12/06/s‐africa‐the‐first‐sovereign‐sukuk‐outside‐the‐muslim‐ world/#axzz1gRyRwIRl> (Accessed December 13, 2011) 11 Ibid. 12 Ibid. 13 Ismail Ozsoy and Aydin Yabanli, “The Rising Sector in Turkey: Participation Banking,” Market Report: November 17, 2010, Islamicfinancenews.com, 19. 14 A crawling peg is a system of exchange rate adjustment in which a currency with a fixed exchange rate is allowed to fluctuate within a band of rates. The par value of the stated currency is also adjusted due to market factors such as inflation.
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 13
25 TKBB website and World Bank website 26 Ozsoy and Yabanli, 20. 27 Ibid. 28 The company raised $183 million through the sale, and its share price jumped 10 percent after its first day of trading. See Mark Bentley, “Bank Asya, Turkish Islamic Lender, Raises $183 Million IPO,” Bloomberg, May 8, 2006 and Mark Bentley, “Coca‐Cola Icecek, Bank Asya Shares Soar in First Day of Trading,” Bloomberg, May 12, 2006. 29 Bank Asya 2010 Annual Report 30 “FAQ,” Bank Asya website. < http://www.bankasya.com.tr/en/investor_relations/faq.jsp#1> (accessed April 16, 2011). 31 Bank Asya 2009 Annual Report 32 The bank opened 9 new branches and hired 268 employees in 2009; it opened 17 new branches and hired 192 new employees in 2010. See: Bank Asya 2009 Annual Report; and Bank Asya 2010 Annual Report 33 Ibid. 34 Al Baraka Turk 2010 Annual Report 35 Ibid. 36 Ibid. 37 Kuveyt Turk 2010 Annual Report 38 In 2005 Family Finans then merged with Anadolu Finans, which was bought by holding company Boydak, becoming Turkiye Finans. See: Boyak Holding website.
© The Fletcher School – al Nakhlah – Tufts University
14 al Nakhlah
50 “Erdogan signals referendum on presidential system after polls,” Today’s Zaman, April 1, 2011.
© The Fletcher School – al Nakhlah – Tufts University
Winter 2012 15
68 Hakan Ergec Etem and Arslan Bengul Gulemser, “The Impact of Interest Rates on Conventional and Islamic Banks: The Case of Turkey,” MPRA Paper No. 29848. (January 2011)
© The Fletcher School – al Nakhlah – Tufts University