The implications of GMU are fundamentally economic, but money is fundamentally about politics or national pride. (1) In order to avoid the issues of politics, the constitutional law of the GMU should limit the GMU to the marking to market (MTM) of the gold, oil and foreign exchange reserves of the GCC states.
My “GMU and GCB – the chicken and the egg”-post established that the institutions should come before the union. (2) My “Oil is the GCC Single Currency”-post established what its title says. (3)
The finance and economy ministers of the Gulf Co-operation Council (GCC) last week approved proposals to set up the Gulf Monetary Council (GMC) and a draft charter for a Gulf Monetary Union (GMU). I am not sure the name “Gulf Monetary Authority” (GMA) has yet been dropped for the GMC, but in the interests of simplicity, I will only refer to the Gulf Central Bank (GCB)’s precursor as the GMC.
We are being told that the GMC is being modelled after the European Monetary Institute (EMI) which was the precursor to the European Central Bank (ECB).
Whereas some in the GCC doubt whether the Monetary Union will be achieved by 2010, in Europe, it was the detailed and credible preparations of European Monetary Union (EMU) by the EMI, which was created in 1994, and other bodies which was one of factors leading to the growing conviction that EMU would be launched on time, that is, that EMU would be launched on 1st January 1999. (4)
The Dubai International Financial Centre (DIFC) is now arguing that it would be a waste of time to set up an institution that in a few months would cede powers to the GCB. (5)
A Commentary, published on 19 September 2008 in MEED, Middle East Business Intelligence, argues that in order to reap the benefits of GMU (and of the GCC Railway project), GCC Member States will have to exhibit a degree of common sense and swallow a lot of national pride to reap these benefits. (6)
In essence, a monetary union entails relinquishing some of the national government prerogatives and assigning them to independent supranational bodies. This transfer of power can be achieved only if there is mutual trust among member countries, says the DIFC. (7)
If a group of states conclude a set of treaties to govern their relations with each other in a given area, international law permits them to create a new system of law that is self-contained and separate from international law. (8) They are free to decide how they do it.
The GMU Treaty will set out the objectives and purposes of the GMU, create the institutions of the GMU, define the powers of those institutions and regulate their relations both inter se (among themselves) and with the Member States. This should then become the source of the constitutional law of the GMU. (9)
The GCC will have to swallow a lot of national pride, says MEED.
It should however not be forgotten that even the members of Eurosystem, which comprises the European Central Bank (ECB) and the national central banks of those countries that have adopted the euro, have not swallowed all their national pride, that the system is therefore much too decentralised and that the influence of the national central banks in the Governing Council, the ECB’s main decision-making body, is too great so that national interests will tend to prevail at the expense of system-wide interests. (10)
In my “Oil is the GCC Single Currency”-post, I was arguing what its title says and I also said that oil (the GCC Single Currency, GSC) is the only commodity in the world that is large enough for gold to hide in.
Gold thus hides in oil. Its value is inside oil.
Since 15 August 1971 and the emptying (on a later date) of the gold vaults at Fort Knox, the US dollar has no value whatsoever.
I will now turn to texts from Islam. I am not Muslim. I want however to understand how Islam thinks about money. I therefore quote. I do apologise in advance if I offend Islam. That is not my intention. I am not aware of offending Islam. My intention is to understand and promote GMU. I may even not take Sunni-Shia relations into account, but I am however not aware that I am doing this.
There is a Hadith of Prophet Muhammed in the Sahih Muslim which teaches:
“Abu Said Al Khudri reported Allah’s messenger as saying: “gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt. (When a transaction is) like for like, payment being made on the spot, then, if anyone gives more or asks more, he has dealt in riba (usury), the receiver and the giver being equally guilty.”
This Hadith of Prophet Muhammed establishes two things:
ONE ‘money’ in Islam is either precious metals such as gold and silver, or commodities such as wheat, barley, dates and salt.
TWO when gold, silver, wheat, barley, dates and salt were used as money, their value was ‘inside’ and not outside’ the money. Hence, it is established that ‘money’ in Islam must possess intrinsic value. (11)
On 18 August 1991, Muslims in Granada issued a fatwa on the use of paper money as medium of exchange:
“After examining all the aspects of paper money in the Light of the Qur’an and the Sunnah, we declare that the use of paper money in any form of exchange is usury and therefore haram. It is not permitted for the Muslim to accept or to give paper money in a commercial transaction. It is an obligation on the Muslims to abandon usury and to introduce new media of exchange, or money, and the best way is to follow the sunna of the Messenger of Allah, salallau alaihi wa salaam, by using gold and silver, or any other merchandise commonly accepted as a medium of exchange”.(12)
This ruling, which is not universally shared by Muslims, seems to argue that nowadays paper money has been reduced to a pure symbol with no reality attached to it except imposition of the law. (13)
Compare this to what former ECB President Duisenberg, said in his Charlemagne speech of 2002, that is, that money is in essence a social contract. (14)
I repeat I am not Muslim. I want however to understand how Islam thinks about money. I therefore quote. I do apologise if I offend Islam. I am not aware I am doing this. I add that I am not even versed in Islamic law.
Fundamentally, Islamic sharia principles forbid interest but do not prohibit at all gains on capital. Sharia law simply requires that the performance of capital must be taken into account when rewarding capital. Therefore, in financial terms, the use of capital must add value and not be devoid of risk. (15)
If the Qur’an, the Sunna and the Ijma (consensus),
[I, Ivo, don’t know whether the Sahih Muslim is of one of these.
If the Sahih Muslim is not part of one of these three, my reasoning is invalid.]
fail to provide a rule to solve the problem at hand, jurists must strive by deep and devoted study to derive an appropriate rule by logical inferences and analogy. Such resort to reasoning was called ijtihad, and logical reasoning by analogy was known as qiyas and was the subject of much philosophical inquiry in sorting out the principle and separating it from the particular facts of the past and present cases. (16)
Only a scholar known as mujtahid was equal to this task of adapting Islamic law to the changing needs of a rapidly expanding and developing society. (17)
The task of the mujtahid is to discover the ahkam of the shari’ah from the texts. The task of the jurist after a study of the primary sources is to:
- discover the law that is either explicitly in the primary sources or is implied by the texts, that is, discover it through literal interpretation
- extend the law to new cases that may be similar to cases mentioned in the textual sources, but cannot be covered through literal methods, and,
- extend the law to new cases that are not covered by the previous two methods, that is, they are neither found explicitly or implied in the texts nor are they exactly similar to cases found in the texts. (18)
It is unlikely that the proved power of Islamic law to respond to the accelerating rate of social change will not manifest itself once more in our age as it has done in the past. (19)
I am not a mujtahid, so who am I to try to interpret?
The changing needs of society seem however to make it necessary to define the GSC (oil) not like the old gold standard, as a certain quantity of gold, but to use gold in reserve as a freely trading financial reserve.
As I quoted, fundamentally, Islamic sharia principles forbid interest but do not prohibit at all gains on capital. Sharia law simply requires that the performance of capital must be taken into account when rewarding capital. Therefore, in financial terms, the use of capital must add value and not be devoid of risk. (15, again)
With gold in reserve as a freely trading financial reserve, each increase in the price of gold will bring about an increase in the value of the GSC (oil)’s reserves and thus an increase in the value of the GSC (oil) itself.
Currencies can indeed only remain competitive if their value is not a fixed quantity of gold but is dependent upon the amount and value of the gold their emitting bank holds in reserve.
The more gold, the GSC (oil) would have in reserve and the more the price of gold increases, the higher would be the value of the GSC (oil).
The old gold standard did not provide for the possibility that an increase of the ounces, kilograms, or tonnes of gold held in reserve would lead to an increase in the currency’s value.
But I am not Muslim and certainly not a mujtahid. I want however to understand how Islam thinks about money. I therefore quote. I do apologise if I offend Islam. That is not my intention. I am not aware of offending Islam. My intention is to understand and promote GMU.
The GSC (oil with gold hiding in it) seems to be a step in the direction of money with intrinsic value, adapted to the changing needs of society.
Or will it be argued that oil (and gold) has (have) no value?
Prophet Muhammad (sallalahu ‘alaihi wa sallam) gave to the world an economic order that was free from economic injustice and oppression. No one worked for slave wages. Wealth did not circulate only amongst the wealthy but, rather, throughout the economy. The rich were not permanently rich and the poor were not permanently poor. There was, therefore, no need for any minimum wage legislation. The market was a free and a fair market. No one could ‘reap’ without ‘planting’. Money had intrinsic value and so it could not be manipulated by banks and by a predatory elite to reduce its value. In consequence, such a market and economy never experienced ‘inflation’. No prices were fixed, including the price of labour. Social welfare was achieved in the form of a compulsory tax on wealth that was used to provide for those who did not possess the basic necessities of life. But the value system of the society ensured that the effort would always be made, by those who were capable of such effort, to extricate themselves from having to live off that charity. (20)
ivocerckel@siquijor.ws
NOTES
(1)
Francis Snyder, “EMU Revisited – Are we Making a Constitution? – What Constitution are we Making?”, European University Institute, Florence, Department of Law, EUI Working Paper LAW No. 98/6, July 1998
http://cadmus.eui.eu/dspace/bitstream/1814/142/1/BS-EMUWOR-FS.pdf.
p. 31
Jacques Rueff was only partly correct when (and if) he stated that “L’Europe se fera par la monnaie ou elle ne se fera pas”. He neglected to add that money is politics. Had he done so, he might have observed that “L’Europe se fera par la politique ou elle ne se fera pas”. At least with regard to EMU one thus may assert that the last word about EMU belongs to the political class and those segments of the broad public which in one way or another participate in politics but not completely.
(2)
GMU and GCB – the chicken and the egg
September 18th, 2008 by Ivo Cerckel
http://bphouse.com/honest_money/2008/09/18/gmu-and-gcb-the-chicken-and-the-egg/
(3)
Oil is the GCC Single Currenc
September 21st, 2008 by Ivo Cerckel
http://bphouse.com/honest_money/2008/09/21/oil-is-the-gcc-single-currency/
(4)
Desmond Dinan, “Ever Closer Union – An Introduction to European Integration”, Macmillan, 1999, 2nd ed., p. 427
(5)
Nasser Saidi, Fabio Scacciavillani, Aathira Prasad, Fahad Ali, “The institutional framework of the Gulf Central Bank”, Dubai International Financial Centre, September 2008
http://www.difc.ae./files/080913_DIFC_IFGCB%20Book.pdf
(6)
Commentary in MEED: Middle East Business Intelligence
“Monetary union and GCC Railway: Gulf states should swallow pride”
Published: 19 September 2008 14:29 GMT http://www.meed.com/commentary/2008/09/monetary_union_and_gcc_railway_gulf_states_should_swallow_pride.html
(7)
Saidi, et alt., op. cit., p. 12
(8)
Trevor C. Hartley, “The Foundations of European Community Law”, Oxford University 2007, 6th ed., p. 83
(9)
I am paraphrasing what
Lasok and Bridge, “Law and Institutions of the European Communities”, Butterworths, 1991, 5th ed.., p. 213
were teaching concerning the European Communities
(10)
Paul De Grauwe, “Economics of Monetary Union”, Oxford University Press, 2007, 7th ed., p. 181
(11)
Imran N. Hosein, “Explaining the Disappearance of Money with Intrinsic Value”, paper delivered at the International Conference on the Gold Dinar Economy, held in Kuala Lumpur on 24 and 25 July 2007,. p. 1
(12)
Joseph A. DiVanna, “Understanding Islamic Banking – The Value proposition that Transcends Cultures”, Cambridge, UK, Leonardo and Francis Press, 2006, pp. 140 – 141
(13)
Joseph A. DiVanna, op. cit., p. 141
(14)
International Charlemagne Prize of Aachen for 2002
Acceptance speech by Dr. Willem F. Duisenberg, President of the European Central Bank, Aachen, 9 May 2002
http://www.ecb.eu/press/key/date/2002/html/sp020509.en.html
(15)
Joseph A. DiVanna, op. cit., p. 2
(16)
C.G. Weeramantry, “Islamic Jurisprudence – An international Perspective”, Kuala Lumpur, The Other Press, 2001, p. 40
(17)
C.G. Weeramantry, op. cit., p. 41
(18)
Imran Ahsan Khan Nyazee, “Islamic Jurisprudence (Usul al-Fiqh)”, New Delhi, Adam Publishers and Distributors, 2004, p. 264
(19)
C.G. Weeramantry, op. cit., p. 45
(20)
Imran N. Hosein, “Jerusalem in the Qur’an – An Islamic View of the Destiny of Jerusalem”, Long Island, New York, Masjid Dar al-Qur’an, 2002, p. 213