riba elimination strategy

Riba elimination ‘strategy paper’

The Post-2027 Financial System in Pakistan strategy paper, released by the Ministry of Finance, is an important acknowledgement that the elimination of Riba [Quranic term for unjust gain and enrichment by exploitative use of capital without any real underlying economic activity] can no longer remain an open-ended constitutional promise. The paper correctly links the transition to the Federal Shariat Court judgment of April 28, 2022, and the Constitution (Twenty-sixth Amendment) Act, 2024, which inserted a deadline into Article 38(f) for the complete elimination of Riba before January 1, 2028.

The main weakness is that the paper converts a binding constitutional requirement into a gradual, conditional and partly voluntary programme. The strategy therefore supports the objective of eliminating Riba while simultaneously preserving routes through which interest-based finance could continue after the constitutional deadline.

The Islamic legal standard is stricter than the strategy’s policy language. The Federal Shariat Court held in Shariat Petition No. 30-L of 1991 and connected matters that Riba is prohibited in all its forms and manifestations, while the International Islamic Fiqh Academy’s Resolution No. 10 (10/2) of 1985 treats any stipulated increase on a loan or overdue debt as prohibited Riba.

The Qur’anic rule permits the creditor to recover the principal but not an agreed increase merely because time has passed, while Sahih Muslim 1598 condemns the receiver, payer, recorder and witnesses of an interest transaction. The legal test is therefore based on economic substance rather than terminology. The contract does not become Islamic merely because interest is renamed as profit or mark-up where the financier receives a predetermined debt increase without genuine ownership or risk.

The strategy’s most serious contradiction concerns foreign-owned financial institutions. The paper expects most domestically owned institutions to convert, but it makes the transformation of majority foreign-owned banks voluntary and later suggests that such banks may continue offering both conventional and Islamic products.

The exemption is inconsistent with Article 38(f) of the Constitution because the constitutional character of Riba cannot depend on the nationality of shareholders. The same interest-bearing loan cannot be prohibited when issued by a Pakistani-controlled bank and acceptable when issued by a foreign-controlled bank [Rethinking Pakistan’s economic model—III: Banking, debt & Illusion of Reform, Minute Mirror, May 3, 2026]

The exemption would create a two-tier market in which domestic banks bear conversion costs while foreign institutions retain conventional products. The strategy should instead impose an activity-based rule under which no licensed institution, regardless of ownership, may originate a new interest-bearing contract in Pakistan after December 31, 2027.

 

The treatment of existing conventional debt creates a second constitutional problem. The strategy promises that obligations contracted before the deadline will continue according to their original terms and that conventional public debt will be replaced only when each instrument matures.  The approach may preserve interest payments for years after January 1, 2028, where sovereign bonds, multilateral loans or syndicated facilities have long residual maturities.

The concern does not mean that Pakistan should repudiate contracts, because unilateral default could trigger litigation, acceleration, cross-default and loss of market access. The Government must distinguish unavoidable transitional obligations from liabilities that can be refinanced, converted or redeemed early. The policy should require a debt-by-debt register showing principal, interest, maturity, governing law, conversion options, creditor consent and final sunset dates rather than granting a blanket exception until maturity.

The language governing new finance is also too weak. The strategy says that the Government will “explore all options” for Shariah-compliant domestic funding and will “strive” to obtain Islamic foreign financing where reasonable and commercially viable options are available. The constitutional obligation is not a best-efforts commitment conditioned on pricing convenience.

The revised policy should prohibit new interest-bearing public borrowing after the cut-off and require every proposed Murabaha, Ijarah, Istisna, Salam, Musharakah, Mudarabah or Wakalah structure to receive documented legal, fiscal and Shariah approval.

The legislative programme must also identify the precise amendments required to the State Bank of Pakistan Act, 1956, the Banking Companies Ordinance, 1962, the Financial Institutions (Recovery of Finances) Ordinance, 2001, the Government Securities Act, 2006, the Securities Act, 2015, the Companies Act, 2017, the Deposit Protection Corporation Act, 2016, the Insurance Ordinance, 2000 and relevant tax, insolvency and provincial laws. The paper’s assertion that banking-law amendments are “minor” understates the scale of the required transformation.

The monetary policy framework requires scrutiny because Shariah compliance cannot be achieved merely by relabeling conventional central bank instruments [Who will draft Riba Prohibition Law? Minute Mirror, April 7, 2026]. The strategy states that the State Bank will use Shariah compliant open market operations and standing facilities, yet SBP’s DMMD Circular No. 24 of 2021 provides that the expected return on its Mudarabah based standing facility equals the conventional overnight reverse repo ceiling rate.

The use of a conventional benchmark does not automatically invalidate a genuine Mudarabah, but mechanical replication creates a material form over substance risk. The revised framework should require transparent profit pools, ex-post reconciliation of returns, genuine exposure to permissible assets and clear treatment of losses—Is Riba free banking possible?, Dawn, April 27, 2012.

The framework should also explain how reserve requirements, lender-of-last-resort support, liquidity absorption, foreign-exchange operations and monetary transmission will function without continuing dependence on an interest-rate corridor.

The proposed hybrid Ijarah-cum-Murabaha Sukuk and Assets Registry Company are practical responses to the shortage of sovereign assets, but they require stronger safeguards. The paper states that the hybrid structure could support Sukuk issuance approaching twice the value of underlying assets and that registered federal assets would remain in governmental use.

The International Islamic Fiqh Academy requires Sukuk to establish true ownership, effective disposal rights and corresponding liability rather than fictitious or circular asset transfers. The registry should disclose title, valuation, encumbrance, beneficial ownership, usufruct and the exact risk transferred to investors.

The treatment of retained earnings also requires a purification methodology separating lawful capital and trading income from identifiable interest-derived earnings. The paper’s statement that converting banks may keep retained earnings is incomplete unless independent Shariah audit, charitable disposal of prohibited income and transparent shareholder disclosure are mandatory.

The comparative experience of major Gulf jurisdictions demonstrates that strong Shariah governance must be grounded in enforceable regulation. The Saudi Central Bank’s Shariah Governance Framework, issued through Circular No. 41042498 under the Saudi Central Bank Law and Banking Control Law, assigns responsibility to boards, management, Shariah committees, compliance, risk management and internal audit.

The UAE’s Decretal Federal Law No. 14 of 2018 establishes the Higher Shari’ah Authority as the ultimate interpretive authority for Islamic finance. The Central Bank of Bahrain and Financial Institutions Law, promulgated by Decree No. 64 of 2006, supports a separate CBB Rulebook Volume 2 for Islamic banks.

The Kuwait model adds a dedicated Islamic-banking section to Law No. 32 of 1968 through Law No. 30 of 2003. The jurisdictions operate dual systems, however, and therefore cannot justify Pakistan’s continuation of conventional finance after a constitutionally mandated elimination date.

The wider international comparison reinforces the need for statutory clarity. The Omani Banking Law issued under Royal Decree No. 2/2025 expressly regulates Islamic, digital and investment banking. The Malaysian Central Bank Act 2009 gives Bank Negara Malaysia’s Shariah Advisory Council authoritative status and makes its rulings binding in relevant court and arbitration proceedings.

The Indonesian Law No. 21 of 2008 provides a dedicated framework for Sharia banking, licensing, ownership, activities and prudential supervision. The Brunei Islamic Banking Order, 2008, S 96/2008, similarly establishes a distinct statutory regime. The lesson is not to copy any single jurisdiction because most comparison countries permit conventional and Islamic finance to coexist.

The lesson is that Pakistan requires clearer primary legislation, a binding national Shariah authority, judicial consistency, external Shariah audit and enforceable remediation where non-compliance occurs.

The strategy should therefore be revised around a binding prohibition on new interest-bearing contracts after December 31, 2027, a uniform rule for domestic and foreign institutions, and a transparent conversion plan for every regulated entity. The strategy should establish a National Shariah Authority with jurisdiction across banking, public debt, monetary policy, securities, Takaful, pensions and non-bank finance.

The strategy should require genuine ownership, possession, risk transfer and profit generation in every Islamic structure, together with annual external Shariah audits, publication of non-compliant income and mandatory purification. The strategy should also include measurable objectives for financial inclusion, small-business finance, affordable housing, agricultural risk sharing and Qard Hasan so that the reform advances the justice-based purposes of Islamic finance rather than merely changing product labels.

The strategy is therefore a valuable starting point but not yet a complete policy settlement. Though the strategy correctly recognizes the constitutional deadline, the need for Sukuk infrastructure, legal reform, liquidity facilities, safety nets and institutional capacity.

The strategy, however, weakens its own objective through voluntary foreign-bank conversion, open-ended servicing of conventional debt, commercially conditioned Islamic financing, interest-linked monetary benchmarks and insufficient rules on ownership, purification and enforcement. The transition will become credible only when aspirational language is replaced with binding statutory duties and when Islamic contracts transfer real ownership, risk and responsibility rather than reproducing conventional interest outcomes through different terminology.

_____________________________________________________________

Dr. Ikramul Haq, Advocate Supreme Court, specializes in constitutional, corporate, environment, media, ML/CFT related laws, IT, intellectual property, arbitration and international tax laws.  He holds an LLD in tax laws with specialization in transfer pricing. He was full-time journalist from 1979 to 1984 with Viewpoint and Dawn. He served Civil Services of Pakistan from 1984 to 1996.

He established Huzaima & Ikram in 1996 and is presently its chief partner. He studied journalism, English literature and law. He is Chief Editor of TaxationHe is country editor and correspondent of International Bureau of Fiscal Documentation (IBFD) and member of International Fiscal Association (IFA).  He is Visiting Faculty at Lahore University of Management Sciences (LUMS) and member Advisory Board and Visiting Senior Fellow of Pakistan Institute of Development Economics (PIDE).

He has coauthored with Huzaima Bukhari many books that include, Tax Reforms in Pakistan: Historic & Critical Review, Towards Broad, Flat, Low-rate, and Predictable Taxes (third edition, 2024),  Pakistan: Enigma of Taxation, Towards Flat, Low-rate, Broad and Predictable Taxes (revised/enlarged edition of December 2020), Law & Practice of Income Tax, Law , Practice of Sales Tax, Law and Practice of Corporate Law, Law & Practice of Federal Excise, Law & Practice of Sales Tax on Services, Federal Tax Laws of Pakistan, Provincial Tax Laws, Practical Handbook of Income Tax, Tax Laws of Pakistan, Principles of Income Tax with Glossary and Master Tax Guide, Income Tax Digest 1886-2011 (with judicial analysis).

He is author of Commentary on Avoidance of Double Taxation Agreements, Pakistan: From Hash to Heroin, its sequel Pakistan: Drug-trap to Debt-trap and Practical Handbook of Income Tax. Two books of poetry are Phull Kikkaran De (Punjabi 2023) and Nai Ufaq (Urdu 1979 with Siraj Munir and Shahid Jamal).

He regularly writes columns/article/papers for many Pakistani newspapers and international journals and has contributed over 3000 articles on a variety of issues of public interest, printed in various journals, magazines and newspapers at home and abroad.

_______________________________________________________________

Abdul Rauf Shakoori, Advocate High Court, is a subject-matter expert on AML-CFT, Compliance, Cyber Crime and Risk Management. He has been providing AML-CFT advisory and training services to financial institutions (banks, DNFBPs, Investment companies, Money Service Businesses, insurance companies and securities), government institutions including law enforcement agencies located in North America (USA & CANADA), Middle East and Pakistan.  His areas of expertise include legal, strategic planning, cross-border transactions including but not limited to joint ventures (JVs), mergers & acquisitions (M&A), takeovers, privatizations, overseas expansions, USA Patriot Act, Banking Secrecy Act, Office of Foreign Assets Control (OFAC).

Over his career he has demonstrated excellent leadership, communication, analytical, and problem-solving skills and have also developed and delivered training courses in the areas of AML/CFT, Compliance, Fraud & Financial Crime Risk Management, Bank Secrecy, Cyber Crimes & Internet Threats against Banks, E–Channels Fraud Prevention, Security and Investigation of Financial Crimes. The courses have been delivered as practical workshops with case study driven scenarios and exams to ensure knowledge transfer.

His notable publications are Rauf’s Compilation of Corporate Laws of Pakistan, Rauf’s Company Law and Practice of Pakistan and Rauf’s Research on Labour Laws and Income Tax and others.

His articles include: Revenue collection: Contemporary targets vs. orthodox approach, It is time to say goodbye to our past, US double standards, Was Due Process Flouted While Convicting Nawaz Sharif?, FATF and unjustly grey listed Pakistan, Corruption is no excuse for Incompetence, Next step for Pakistan, Pakistan’s compliance with FATF mandates, a work in progress, Pakistan’s strategy to address FATF Mandates was Inadequate, Pakistan’s Evolving FATF Compliance, Transparency Curtails Corruption, Pakistan’s Long Road towards FATF Compliance, Pakistan’s Archaic Approach to Addressing FATF Mandates, FATF: Challenges for June deadline, Pakistan: Combating the illicit flow of money, Regulating Crypto: An uphill task for Pakistan. Pakistan’s economy – Chicanery of numbers. Pakistan: Reclaiming its space on FATF whitelist. Sacred Games: Kulbhushan Jadhav Case. National FATF secretariat and Financial Monitoring Unit. The FATF challenge. Pakistan: Crucial FATF hearing. Pakistan: Dissecting FATF Failure, Environmental crimes: An emerging challenge, Countering corrupt practices .

The recent publication, coauthored by these writes with Huzaima Bukhari is:                       

Pakistan Tackling FATF: Challenges & Solutions, available at:

https://aacp.com.pk/book-detail/pakistan-tackling-fatf-challenges-and-solutions-35

https://www.amazon.com/dp/B08RXH8W46  

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  • Beyond Public Finance: Towards  Constitutional Po…

    The second part of this series explained why public finance and Constitutional Political Economy (CPE) ask different questions. Public finance ordinarily examines what taxes governments should impose and how revenue should be spent. CPE asks who makes those choices, under what rules, for whose benefit and subject to what restraints. That distinction leads to an important conclusion: there is no politically neutral tax system. Tax policy is often presented as a technical exercise. Economists compare direct and indirect taxes, estimate elasticity, calculate effective rates and recommend reforms intended to improve efficiency. Governments describe exemptions as incentives, withholding provisions as enforcement mechanisms and consumption taxes as instruments of broad-based revenue mobilisation. Such terminology creates the impression that taxation operates independently of political power. It does not. Every tax decision identifies those who will pay, those who will collect, those who will receive concessions and those whose activities will remain beyond effective enforcement. A tax may be neutral between two products in an economic model, but the process through which it is enacted and administered can rarely be neutral between organised interests, social classes or political constituencies. The Organisation of Economic Cooperation and Development (OECD) itself recognises that taxes affect taxpayers differently according to their income and other socio-economic characteristics. They alter behaviour and influence the distribution of income both directly and through the public expenditure they finance. Taxation is, thus, not merely a device for transferring money to the treasury. It changes economic opportunities and affects the relationship between citizen and state. The celebrated Mirrlees Review sought to design a coherent tax system in which similar activities were treated consistently, and economic choices were not distorted without good reason. This is a valuable objective. Neutrality can reduce arbitrary discrimination and prevent tax considerations from dominating productive decisions. Nevertheless, even the most carefully designed system must decide which activities are alike, which differences justify special treatment and how equity should be balanced against efficiency. Those choices necessarily embody judgments about society. The idea of neutrality becomes more problematic when it is transferred from theory to a state characterised by unequal political influence. Consider a general sales tax (GST). In theory, a broad-based value added tax (VAT) imposed at a uniform rate minimises distortions and preserves the chain of documentation. In practice, exemptions, reduced rates, special schedules, fixed taxes, withholding taxes (unique in Pakistan even for VAT/GST!) and sector-specific arrangements are introduced during the political process. The final statute may bear little resemblance to the neutral instrument initially proposed. The same is true of income tax. Horizontal equity requires persons with similar ability to pay to bear comparable burdens. Vertical equity requires those possessing greater capacity to contribute more. In Pakistan, however, the legal character assigned to income often determines the burden more decisively than the taxpayer’s actual economic capacity. Salary, business income, capital gains, dividends, property income and agricultural income may all be subjected to different regimes, rates or jurisdictions. These distinctions are not always indefensible. Different types of income may require different collection methods. The constitutional distribution of taxing powers must also be respected. However, a CPE analysis asks why particular differences survive, who benefits from them and whether their stated rationale corresponds to their actual effect. Tax exemptions provide the clearest illustration. Governments describe them as instruments for attracting investment, supporting industries, protecting vulnerable groups or promoting exports. Some concessions may serve legitimate public purposes. Others constitute expenditure conducted through the tax system without the scrutiny ordinarily applied to direct spending. Pakistan’s official Tax Expenditure Report 2026 estimated revenue forgone during fiscal year 2024–25 through income tax, sales tax and customs concessions at approximately Rs. 2.353 trillion (excluding sales tax on POL products to deprive provinces of their constitutional right, replacing it with petroleum levy). Of this amount, sales tax concessions accounted for about Rs. 1.274 trillion, income tax concessions for Rs. 579.70 billion and customs concessions for Rs. 499.14 billion. These are not accounting curiosities. They represent choices about which persons, sectors and transactions receive preferential treatment, and which taxpayers must bear the resulting revenue burden. A concession granted through the tax law is economically similar to public expenditure. If the state collects Rs. 100 from a citizen and transfers it to an industry, the transaction appears in the budget. If the state allows that industry to retain Rs. 100 that would otherwise have been payable, the distributive effect may be comparable, but the benefit is less visible. This opacity is politically useful. Direct subsidies attract public attention and legislative scrutiny. Tax concessions are buried in schedules, exemptions and statutory notifications. Their beneficiaries are often concentrated and organised, while the cost is dispersed across millions of taxpayers and consumers. Constitutional Political Economy explains why such arrangements persist. A concentrated group has a strong incentive to lobby for a benefit worth billions of rupees. Each member of the general public, bearing only a fraction of the cost, has little incentive or capacity to oppose it. What appears to be an anomaly in tax design may be the predictable result of unequal political organisation. Withholding taxation presents another example. It is defended as an efficient method of collecting revenue from an economy with weak compliance. In limited circumstances, deduction/collection at source is entirely justified. Salary taxation (pay roll taxes) and payments to non-residents commonly require withholding systems in many jurisdictions. Pakistan, however, has transformed withholding from a collection technique into a parallel tax regime. According to the Revenue Division Year Book 2024–25, withholding taxes contributed 60 percent of total income tax collection in that year. Collection through withholding reached approximately Rs. 3.382 trillion. This reliance changes the institutional character of income taxation. The tax administration increasingly obtains revenue from transactions rather than determining taxpayers’ actual net income and ability to pay. Banks, employers, utilities, property registrars, businesses and other intermediaries become unpaid tax collectors. Persons already operating within the documented economy bear recurring deductions/collections in advance, compliance costs and the burden of seeking adjustments or refunds (hardly allowed automatically in

  • A New Strategic Divide: The India-Iran Axis Meets …

    The signing of the Pakistan–Saudi Arabia–Türkiye defence agreement in Makkah on August 7 marks a significant moment in the changing security architecture of the Middle East and South Asia. Its declaration that an armed attack against one member would be treated as an attack against all three has immediately raised questions about the future balance of power. Is the region moving towards two competing strategic formations — an emerging India-Iran axis on one side and the Pakistan-Saudi-Türkiye triangle on the other? The answer is not yet definitive, but the direction of regional politics is becoming increasingly visible. The most surprising element of this equation is Saudi Arabia and Türkiye. Relations between Riyadh and Ankara have not always been comfortable. The rivalry and mistrust of the past, particularly during the period when Saudi and Turkish regional interests sharply diverged, made the two capitals appear more like competitors than strategic partners. Yet geopolitics has a way of bringing former rivals together when their security calculations begin to converge. For Crown Prince Mohammed bin Salman, security has become inseparable from economic transformation. Saudi Arabia’s ambitious Vision 2030 projects require uninterrupted energy exports, stable maritime routes and a predictable regional environment. The continuing threat to Red Sea shipping and the vulnerability of energy infrastructure have demonstrated that geographical distance is no longer sufficient protection. Türkiye offers Riyadh a valuable strategic instrument. Ankara possesses NATO experience, an expanding defence industry and significant diplomatic access across the region. President Recep Tayyip Erdoğan can communicate with actors that may remain difficult for Riyadh or Washington to approach directly. Türkiye can therefore serve not merely as a military partner but potentially as a diplomatic bridge. This is where the role of Turkish Foreign Minister Hakan Fidan becomes particularly important. His experience in intelligence and diplomacy could provide Ankara with the capacity to pursue difficult negotiations involving regional conflicts, including the unresolved Saudi-Houthi security dilemma. For Riyadh, reducing the threat to the Red Sea and ensuring uninterrupted oil and trade routes is not simply a military objective; it is an economic necessity. Türkiye, meanwhile, also has its own economic calculations. Ankara needs investment, economic stability and stronger international partnerships. A closer relationship with Saudi Arabia, Pakistan, the United States and Western financial institutions could provide economic and strategic dividends. Thus, the partnership is not based on sentiment but on converging interests. Pakistan’s position is even more complicated. Islamabad has historically enjoyed close defence and political relations with Saudi Arabia while maintaining strong ties with Türkiye. Its military credibility and longstanding relationship with Riyadh make it a natural participant in such an arrangement. Pakistan can potentially emerge as the facilitator connecting the Gulf with South Asian security calculations. But there is a price. Pakistan’s traditional diplomatic strength has partly rested on its ability to maintain communication with opposing camps. Formal participation in a collective-defence arrangement may make Islamabad appear less like a neutral mediator and more like a contestant in an emerging regional confrontation. The question therefore arises: can Pakistan protect its strategic relationship with Saudi Arabia and Türkiye without damaging its relations with Iran? The Iranian response will be crucial. Tehran is unlikely to accept a new security architecture surrounding it without attempting to construct diplomatic counterweights. Here, India could become an important part of the equation. Iran and India possess longstanding economic and strategic interests, particularly around connectivity, energy and the Chabahar corridor. Their cooperation does not automatically constitute a military alliance, but strategic circumstances could push their interests closer. Iran also possesses diplomatic instruments of its own. Oman and Qatar remain particularly important because of their ability to communicate with multiple competing powers. Rather than immediately creating a formal counter-alliance, Tehran could seek to use diplomacy, maritime negotiations and regional mediation to prevent isolation. This is why the emerging equation should not be reduced to a simple military confrontation. It is a contest of diplomacy, technology, economics, energy security and strategic geography. The United States also remains an unavoidable factor. Washington’s relationships with Saudi Arabia, Türkiye, Pakistan and India mean that any emerging regional architecture will inevitably intersect with American interests. Yet it would be premature to describe the Makkah agreement as an anti-American bloc. Saudi Arabia remains deeply connected to the United States, Türkiye remains a NATO member, and Pakistan continues to maintain important relations with Washington. The real transformation may therefore be something more subtle: regional powers are increasingly seeking strategic autonomy instead of relying exclusively on one external guarantor. For Pakistan, this is a moment of both opportunity and danger. Islamabad can gain diplomatic weight from its position within the Pakistan-Saudi-Türkiye triangle, but it must avoid becoming trapped in a zero-sum regional rivalry. Its relationship with Iran cannot simply be sacrificed, nor can its longstanding partnership with Saudi Arabia be ignored. The emerging India-Iran axis and Pakistan-Saudi-Türkiye triangle may never become formal opposing blocs. But if regional tensions continue to deepen, the strategic calculations of these countries could increasingly move in opposite directions. The region is entering a new chess game — one in which missiles and drones matter, but diplomacy, energy routes, economic leverage and political alliances may matter even more. The challenge for Pakistan is therefore not merely to choose a side. It is to ensure that, while standing with its strategic partners, it retains enough diplomatic space to speak to everyone. Because in the new regional order, the strongest player may not be the one with the largest alliance — but the one capable of preventing the chessboard from becoming a battlefield.

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