Web3 and Shariah Compliance
Web3 and Shariah Compliance
How to ensure the adherence to the Islamic values in the era of the Internet 3.0
V1.0
Foreword
This publication aims to provide a high level overview over the principles At the same time, my and million of Muslims’ crypto activities was going
of the Islamic finance (known in the West world as “ethical finance”) and on. I was imagining that if certain specific crypto operations were going
their application in the context of web3. beyond the boundaries of the concept of halal, it was time to deploy an
extra effort with the attempt to finally clarify the matter.
As part of a highly disruptive and fast-evolving landscape, the crypto
universe it definitely affected by risks, transparency issues and non Is important to realize that if you are a crypto trader and you are
robust regulations and framework that identify and establish clear adopting a binary option strategy (dozens of positions opened a
guidelines based on the specific use cases, across industries. minute), you can imagine the daily amount of major sins cumulated. On
the other hand, if you are the founder of an exchange (DEX,CEX,HEX –
Moreover, most of the web3 economy is currently based on the see my deck “Web3 Economy”) which is exploiting unlawful
traditional financial model, which is in strong contradiction with the key conventional finance leverages, you are literally consuming every second
guidelines issued by the main Islamic and Jewish financial institutions Riba (interest) which, as every Muslim knows, is one of the worst crimes
and governance bodies. in Islam.
Before drafting this deck, I was feeling in continuous doubt regarding the Finally, although this work makes me proud as web3 enthusiast and as
surrounding crypto activities: is what we are all doing permissible by Muslim, I want to specify that the following material shouldn’t in any
God? This question was echoing in my mind for several time. case be considered as a professional guideline and in no way should be
substitutive of a proper Shari’ah compliance consulting. I would
On top of that, I was not able to find any complete and exhaustive recommend to do your own researches and ask to scholars and a shaykh
reference online aiming to clarify this extremely delicate matter. At the whether what you are reading in this deck can be applicable to your
same time, my and million of Muslims’ crypto activities was going on. I specific case.
was imagining that if certain specific crypto operations were going
beyond the boundaries of the concept of halal, it was time to deploy an Feel free to provide your feedback and God knows best.
extra effort with the attempt to finally clarify the matter.
Table of Contents
01 Introduction
What is the Web 3.0
Pages 01-10
02 Web3 Economy
Definition and categorization of digital assets
Pages 12-16
Pages 18-27
03 Islamic Finance
Pillars of the Islamic finance, contract types
Pages 30-40
04 Screening Methodologies
Shari’ah compliance screening methodologies
02 Components of Web3
10 Centralized vs Decentralized
Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
The world is clearly changing and it’s happening now, in front of Web2 economy Web3 economy Web2.5 economy
us. While writing this report, I feel that the information I am at
disposal to produce a high-quality deck is already outdates. This
is because of the technological and innovation curve is
exponential, which means that the more we advance the faster
we progress. It’s nice to know that this behavior is happening
after the 1st Industrial Revolution in Europe, before was pretty
much “linear” (given the Middle-Age cultural fall). As for each
innovation stage, we are now experiencing a real change of
paradigm, where the technology determines the rise of human
Investments are based on a Investing innovation is based on Industry legacy transitions start
and philosophical questions and debates. What today is happening also though
“benchmark” economics. new economics (tokenomics).
changing is an immersive and fluid interaction with the machine Business alternative governance (DAOs)
(hardware) and its content (software). Users will in the future and tokenomics.
“approach” to the machine, rather than “use”. In the current
plethora of trends, polluted by the market hype (useful for old Data is acquired and stored, Data is: digitally native (on- Integration to the web2 data,
the obsolete is kept chain), individually-community new digitally native data (on-
brand that leverage it for marketing purposes), we need today Data (complyingwith GDPR) governed and tradable. chain).
more than ever solid and smart regulations, which can indicate
to regulators and policy makers opportunities and constraints.
But before that, regulators and policy-makers need first to have
some basic knowledge about the matter. The purpose of this Achieving the max degree Contribution-based interaction Process built around users’ control
Process of automation. and rewarding for creators. of their own data.
document is exactly to provide this basic understanding, before
pointing out to strategic objectives and potential roadmaps.
We are here
01
Introduction Web3 Economy Islamic Finance Methodologies
UI/UX
3.0
02
Source: “The Economy of Tokens” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
+ + +
Website DLT UI/UX 3.0 AI and Big Data
Interconnection,
World Wide Web Unique User
Decentralization Personalization,
Application Experience
Semantics
03
Source: “The Economy of Tokens” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
C apabilities Privacy Decentralization Liquidity Democracy (*) Create data Build Write data
Fully sensorial interaction
stores vocabularies rules
XR
Smart Contracts
04
(*) Quick payments, Inclusive finance (i.e. loans) and Low transaction fees
Source: “Web3 Economy” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
People will have more control over their Web3 empowers user with ownership. It’s
data and they can monetize them by selling about the direct connection between creators
Text
directly to the end-consumers. Web3 Social — Text and consumers, obfuscating the gatekeepers.
Media could allow users to monetize their Data Text Creators
— Text Text
own data, or even earn crypto “tips” from Ownership Economy— Text
other users for posting interesting content. Text
— Text
As Web3 runs on blockchain, user Web3 will use artificial intelligence (AI),
information remains more safe and secure AI-tailored machine learning(ML), and the semantic
Security
than it would be in the centralized web. Web3 paves the way for a future in
architecture Content which different people and machines can
interact with data, value, and other
counterparties without the involvement of
third parties
05
Source: “The Economy of Tokens” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
The Internet 3.0 capabilities have, among other things, empowered users and content creators. This has been possible thanks to the way the web3 architecture (tech stack) is
designed.
Wallets Custody
Wallets and Custody (Layer 4)
Applications (Layer 3)
Protocols (Layer 1)
06
Source: “The Economy of Tokens” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
Among other things, the Internet 3.0 will shape 4 main areas of
“innovation”: Private Key
Cryptography
• Identity: where the users is in controls of his own data and
can decide whether to keep them secret or to monetize
them. In the web3, each users connects his own
decentralized wallet to the browser, where identity and Identity Wallet
crypto assets are stored. A public key identities a unique
address (utilized for the transactions or change of Security Token
ownerships), while a private key represents the secret code
to authorize transactions. Made easy, the public key is like
the IBAN and the private key is the CVV.
Tokenomics Liquidity
• Value: Tokenomics and tokenization of illiquid assets will What Value
generate a value that will first be purely digital and, after a Web3 is all Voting Token
wider adoption, will become part of the real world asset
Smart Contracts
intrinsic value.
about
DAO
• Governance: Though the Decentralized Autonomous
Organization model, web3 enterprises’ governance will be Governance
dictated by voting sessions, whose participants have voting
rights proportional to their entry capital. ERC-721 (Ethereum)
Some of the drivers fueling the shift from Web2 Web2 Web3
to Web3 are:
Data Central control of the provider User controls and owns its data
Digital liquidity – Enormous amount of Platform posture Closed Mainly open source
transactions (real time processed), based on
value (or fractions of it) that is recognized by Identity Identity gets controlled (not-deeply) Identity verification from the ledger
the entire community.
Incentive model Winners earns all Cooperation and royalties-based model
Change of the governance model – absence of
a central body (i.e. Big Tech like Google or Liquidity Subordinated to operational time Real time available and fruibile
Microsoft) and users’ empowerment though
Monetization Platforms and content-creators (i.e. YT) Data owners, creators, platforms
incentive models where the benefits are fairly
shared across the owners of the data and the
content-creators. In particular Smart contracts Owns
and tokens distribute power amongst token Community data
(network) is Generates
holders. Service User data independent
king
value
This produces a bi-univocal model, based not
Web3
Web2
on a client-server logic, but rather on a
collaborative governance, where the users are
in control of how their own data is used and
everyone “wins” in proportions to its own
rights. Today you are just a subscriber to a Value of the service/product
website, possibly a consumer. In the Internet depends exclusively on the Value of the service/product depends on how big
provider capabilities is the network.
3.0, you are an owner of a part of it.
08
Source: “Web3 Economy” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
Web2 to Web3
Web3 is not a sudden disruption, but rather a long and Web3 Web3 Web3
ongoing process that will completely revolutionize the
way we use and approach to Internet. More
specifically, Web3 is a process made of progressive
integration of disruptive technologies, all combined to
provide users with the highest personalized and
enjoyable experience. In other words, Web3 is the
destination, not the path.
Web2 Web2 Web2
09
Source: “The Economy of Tokens” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
Centralized vs Decentralized
Centralized Decentralized
Web 2.0 refers to websites and applications that utilize
user-generated content for end users. Web 2.0 is used
in many websites today, chiefly focusing on user
interactivity and collaboration. Web 2.0 also focused
on providing more universal network connectivity and
communication channels. The difference between Web
2.0 and 3.0 is that Web 3.0 is more focused on the use
of technologies like machine learning and AI to provide
relevant content for each user instead of just the INTERNET
content other end users have provided. Web 2.0
essentially allows users to contribute and sometimes
collaborate on site content, while Web 3.0 will most
likely turn these jobs over to the semantic web and AI
technologies.
10
Source: “The Economy of Tokens” – Giorgio Torre
2. Web3 Economy
16 Evolution of Assets
Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
In general terms, a token can represent (or help to identify): Smart Contracts automate operations, when it
comes to business trading of digital
assets.
• a digital identity
• an on-chain or off-chain (physical or real-world) asset, or
• a specific value (or fraction of value), i.e. fractionalized NFTs
or F-NFTs.
Shared, trusted, timestamped and
In the middle between the concepts of identity and value, there
is also a need for representation of ownership, which is still the
Blockchain distributed database that stores
information and transactions.
job of tokens.
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Introduction Web3 Economy Islamic Finance Methodologies
• Give the users control and management of their identity (either for firm Stable tokens (*)
reputation of for the sake of KYC compliance). These have a similar use as payment tokens, but the prices of these coins are “pegged” to
track an underlying asset or security. They are marketed as less volatile cryptocurrency.
• Grant access and ownership of the user’s data (fungible or non-fungible), Utility tokens
i.e. to our medical records and how are they monetized. A unique concept token gives the holder the right, but not the obligation, to exercise their
token to purchase a good or service. This could be something like being the first in line to
• Provide users an extremely high digital liquidity (“web3 money”). purchase a product such as an iPhone, or perhaps a token that gives you a full-service car
wash.
What's important about “web3 money” is that it enables transfer of Security tokens
ownership and value at the same time. For example, Mr. Rossi just bought a These are traditional securities such as stocks and bonds that are “tokenized”—that is,
mutual fund and it takes seven days for the trade to settle and he has no idea converted into digital assets and then issued on a blockchain so they can be traded.
what price je is going to pay after 7 days. In the Token Economy, value and
Non-fungible tokens
ownership are transferred at the same time. Critically, we can do this in very A non-fungible token is a unique digital identifier that cannot be copied, substituted, or
small transactions and at great velocity. This is the magic sauce to build out subdivided, that is recorded in a blockchain, and that is used to certify authenticity and
these marketplaces, as we buy and sell access to data. ownership
(*) The first significant difference between stablecoins and CBDCs is the governing authority. With the popular stablecoins of the world, the governing authorities are private companies such as Circle and
Binance. CBDCs, on the other hand, will be created, controlled and regulated by the central banks of various countries. The second difference is that stablecoins are backed by an equal amount of fiat
currency. You can always exchange a stablecoin for an actual dollar which is stored in the reserves. CBDCs don't have any assets backing them, only the good old promise of the country’s central bank,
it is how all fiat currencies work. 13
Introduction Web3 Economy Islamic Finance Methodologies
Characteristics of assets
Characteristics Definition Examples
NON-FUNGIBLE
Items are concepts that Services, ID, subscriptions
SECURITY TOKEN
Intangible
represent things.
“ASSET” TOKEN
Built using a common ERC-20 tokens (for Ethereum),
Fungible
standard. currency
Used for services, access and NFTs for identity and ownership
Type of objects that are Birth certificate, passport,
Non-fungible subscriptions. (decentralized identity).
unique academia certificates
Asset tokenization
FUNGIBLE
Asset Class Definition
14
Source: “The Economy of Tokens” – Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
Fungible tokens are identical to each other and, therefore, can be used and transacted interchangeably.
NON-FUNGIBLE FUNGIBLE
COIN TOKEN
TOKEN
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Introduction Web3 Economy Islamic Finance Methodologies
Evolution of Assets
16
3. Islamic Finance
19 Types of Riba
20 Types of Gharar
Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
The Islamic finance is one of the main religious and academical disciplines of the Islamic studies. Its main purpose is to guide humanity though a legitimate, ethical and fruitful
financial, entrepreneurial and macro-economical behavior. In the West society, there have been recently several attempts to recreate a similar approach (“ethical finance”).
Excessive Investment Risk The Qur’an is the Holy Book for Muslim scholars refer to
(Gharar, due to extreme uncertainty)
Muslims and regarded as the “Sunnah” as the collection of
Final Revelations of God to His said and behaviors of the last
Prophet and Messenger, Prophet of humanity,
Gambling Muhammad Ibn Abdullah (sws). Muhammad (sws). With regards
(Maysir, gambling) The Qur’an is not only a to Islamic Finance, the majority
collection of Revelations, but it’s of scholars agree to consider the
itself a miracle or beauty and ahadith of the category “Sahih”,
Unethical Investments preservation, containing detailed which are:
(Prostitutions, weapons, drugs, intoxicants, scientific explanations of
alcohol, gambling etc. ) scientific phenomena whose • Sahih Al-Bukhari
humans have only recently • Sahih Muslim
Other Prohibitions found explanations to. • Sunan Al-Nasa’i
(Pork, violence, unappropriated clothing, • Sunan Abi Dawood
modern music) • Sunan Al-Tirmidhi
• Sunan Ibn Majah
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Introduction Web3 Economy Islamic Finance Methodologies
Types of Riba
There are two main types of Riba: the first is Riba al-nası’ah, which is the only type known to pre-Islamic Arabia. This is the riba collected in compensation for deferring a due debt to a
new term of deferment. This definition applies regardless of the source of the due debt: whether it resulted from a loan, or a deferred price in a sale. The second type of Riba is Riba
al-buyu (sales) for six goods (gold, silver, wheat, barley, salt, and dates). This is also known as Riba al-fadl, which was forbidden to prevent potential circumvention of the prohibition of
riba al-nası’ah, which can be effected by selling gold with a deferred price,
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Introduction Web3 Economy Islamic Finance Methodologies
Types of Gharar
All the Islamic finance institutions and scholars agree on the following classification, with regards to Gharar (uncertainty) types:
20
Introduction Web3 Economy Islamic Finance Methodologies
In order to define guidelines and to issue Fatwas (religious rulings) about the financial behavior of each human being, Islamic scholars can rely on the following sources
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Introduction Web3 Economy Islamic Finance Methodologies
The impact of Islamic finance can be displayed on 4 main levels: economy, religious, ethical/moral and social.
Economic
Islamic objectives Ethical objectives Social objectives
objectives
Stimulate an individual Investors main goal is Profits should be based Profits are should be
and mutual growth, to adhere to the main on lawful, ethical and motivated by the desire
which elevates the prescriptions of the green activities. There of enhancing people’s
overall welfare of a Holy Qur’an and is no gain out of condition around the
society or a nation. Sunnah. immoral activities. investor.
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Introduction Web3 Economy Islamic Finance Methodologies
Mudarabah Ijarah
Ijarah generally means Islamic lease or rent, and it is a very popular Islamic mode of finance. Ijarah is selling the benefit of use or service, for a fixed
Equity-based
price or wage. The bank makes available an asset or equipment, such as a plant, office automation, or motor vehicle, for a fixed period and rent. The
Products corpus of the leased commodity remains in the ownership of the lessor, and only its usufruct is transferred to the lessee.
Musharakah
Musharakah
Musharakah is a business contract established by partners, who agree to share business profits and losses. Profits are distributed in the proportion
mutually agreed in the contract. If one or more partners choose to become non-working partners, the ratio of their profit cannot exceed their ratio
in capital investment.
Semi-debt Salam
Ijarah
based
Salam is an Islamic mode of financing, where the seller undertakes to supply specific goods at a future date, in consideration of a price fully paid in
advance, at the time of the contract. If the full amount is not paid, it will be tantamount to a sale of debt against debt, which is Haraam.
Istisna
It is one of the Islamic banking instruments where a buyer places an order to manufacture, assemble or construct something at an agreed price, and
to be delivered at a future date. The commodity must be known and specified, such as its kind, type, quality, and quantity. The price must also be
fixed in absolute and unambiguous terms, and it can be paid in a lump sum or in installments, as mutually agreed.
23
(In equity-based products, the profit is shared on an actual earning basis. Due to this reason, they are riskier than the other two categories, and so they are most preferred in Islamic Shariah.
Introduction Web3 Economy Islamic Finance Methodologies
Loan Hiwalah
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Introduction Web3 Economy Islamic Finance Methodologies
Economics respond to positivism criteria, therefore are values and morals-agnostic. In other words Economics is values oriented, where the mechanism is
1 Foundation do not reflect any core moral principle or value, but rather respond to a mere logic of production based on permissible (halal) and unlawful (haram).
and consumption.
Investors are moved by a pecuniary interest, there is no focus the utility of the products or services Investors are moved by permissible (moral, sustainable,
2 Objectives sold to the market. Traditional finance opens the space for the so called “speculations”. green friendly) profits and by mutual growth.
Economy is based on the demand-offer law, where the demand is backed by the purchasing Economy is mainly based on the need of individuals, where
power. The result is a mismatch in resources allocation. the real economy represents the main economy and capital
3 Mechanism
(for both consumers and investors) is addressed to
“productive” expenditure, no waste.
Establish overall development and welfare, regardless the social and economical differences across Social cause-drives, it puts a main concern on poor people
4 Mission classes. Financial Darwinism is the only principle, excluding the socialistic governmental measures, or classes who have no access to basic human rights
allowing meritocracy. (education, food, happiness, health etc.).
Ultra centralized, nearly 100 corporates of ¾ countries control the global economy, in the name of Decentralized by nature, no centralized concentrations in
5 Governance “globalization”. the hands of few people. Wide dispersal of wealth and
properties.
More than 20% of people in the world live below the poverty level (they cannot afford two meals a If hybrid approach is followed and the core principles of
6 Issues day). Shari’ah are followed, there is potentially no problem.
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Introduction Web3 Economy Islamic Finance Methodologies
Credit Debt
• Set the max chargeable IRs Commercial Banks Real case
• Set guidelines for liquidity
Central Banks
To increase
inflation Business Cycle
6 5 4 (short-term cycle)
Taxes Depression (IRs are not Recession Spending slows, GDP 3-6 years
enough anymore) (breakdown point) contracts
7
Long-term cycle
Governments How Economies work – Debt life cycle 70-110 years
26
Introduction Web3 Economy Islamic Finance Methodologies
Purchase
with profit
margin
Debt
Commercial Banks Real case
• Set the max chargeable profit margins
• Set guidelines for liquidity
Economy main forces
7
Governments How Islamic Economies work – Debt life cycle
27
4. Methodologies
32 AAOIFI
38 ISRA-Bloomberg
39 STOXX Europe
Giorgio Torre
Introduction Web3 Economy Islamic Finance Methodologies
List of methodologies
To measure the degree of adherence and compliance to the Shari’ah guidelines, international financial and regulatory institutions have provided guidelines to be followed by financial
intermediaries, governments and investors.
07 ISRA-Bloomberg
08 STOXX Europe
09 Almeezan Group
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Introduction Web3 Economy Islamic Finance Methodologies
Screening process
To measure a company’s involvement in impermissible secondary activities, its financial operations need to be scrutinized. Shariah screening methodologies include those
promulgated by the following institutions:
• Ensuring that a company’s main assets are not predominantly cash or cash-
related to avoid to commit riba’ (interest). If that happens bay’ al-sarf
(currency exchange contract) rules should be observed. Similarly, a
From the list of prohibited industries, the company’s main assets should not be in the form of debts (receivables); If
first level of screening is to make sure that that happens bay’ al-dayn (debt trading contract) rules should be observed.
Approaches
the business is not involved in any of the
prohibited ones. • Ensuring that a company direct/indirect involvement in riba’-related
activities does not exceed the tolerable benchmarks. The riba’-related
activities can be in two forms: Investment in interest-based instruments;
and acquiring funds from the capital market or banking sector through
interest based facilities.
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Introduction Web3 Economy Islamic Finance Methodologies
AAOIFI
DJIMI
33
Introduction Web3 Economy Islamic Finance Methodologies
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Introduction Web3 Economy Islamic Finance Methodologies
MSCI
35
Introduction Web3 Economy Islamic Finance Methodologies
FTSE
36
Introduction Web3 Economy Islamic Finance Methodologies
Thomson Reuters
37
Introduction Web3 Economy Islamic Finance Methodologies
ISRA-Bloomberg
38
Introduction Web3 Economy Islamic Finance Methodologies
STOXX Europe
39
Introduction Web3 Economy Islamic Finance Methodologies
Almeezan Group
40
Shari’ah Compliance
43 Representation of Value
45 Value Layers
Giorgio Torre
The Definition of Value
Value is something that individuals or group of individuals (i.e. businesses, nations etc.) can use as a mean or as a leverage to either obtain a good (i.e. food, materials, house, etc.)
or a service. In the early human history, the concept of “value” was intrinsically linked to the goods themselves (vegetables, eggs, ships, donkeys, fabrics, etc.), so that one could
exchange one good for another, in what is called the barter. In a nutshell, value was exchanged for another value. Later on, metals (for hunting and military use) and precious gems
(for adornments) entered to be part of the universally recognized goods. In particular, one started to associate higher value metals and precious gems based on the following 3
criteria:
Their adequateness to Their being free from Their scarcity (or their
fulfill their purpose in corrosion (i.e. gold) so rarity) on Earth: the
generating more value they do not alter their activities of searching for
(for military use, for nature and, perhaps, them would require
trade etc.) their intrinsic value. remarkable resources.
For the first time, now, goods and services could be exchanged with new set of goods, such as gold, silver, gems etc. However, transporting big values would necessarily mean to
transport big weights (kgs of precious materials) and this would also expose the value holders to risks of robbery and thieves.
42
Representation of Value
In a nutshell, this system was not practical and not secure. The solution came in 1407, in Genoa (Italy) Deposit Bank of San Giorgio and in 1472 with Monte Dei Paschi di Siena Bank
(oldest bank in the world today operating), also in Siena, Italy. These two are the first deposit bank of human history. The solution was simple: wealthy individuals could deposit
their wealth (gold, metals, gems, treasures etc.) in a trusted fortified underground cave, managed by this institution (later on called bank) which would have allowed the individual
to withdraw its wealth anytime. To ensure the identity and the rights of the value holders, these institutions issued to their depositing clients a specific document, called note of
bank, indicating the value of portions of value deposited. Some years later, these documents will start to be called bank-note. This became the first time, in the history of humanity,
where the value was traded between individuals (or group of individuals) though a representation of the value owned. For the first time, to be traded were good and services for a
representation of value (banknotes).
43
Today’s chain of value
World of speculation
Services
Surviving
Essential goods
Stock Market Digital Assets not tight
to a real value
Developm.
Business
Leisure
Our current economy is structured on layers upon layers of “virtual” economy, that do exist only in form of “promise”. Credit, debt, security and speculations are built on top of
the fundamental layers of the economy, where the trade of tangible and fungible assets occurs. If not backed by a real value, web3 products are placed at top of the speculation
pyramid.
Risk
Unbacked
Unbacked Web3 Economy
cryptos
Amount of speculation around economy layer
Financial
Amount of speculation around economy layer markets
Conventional Finance
Current monetary system
Amount of speculation around economy layer (money)
Margin of risk considered by Islamic and Jewish Excess of risk or speculation, where sins
scholars as acceptable of Riba and Gharar are committed
45
Web3 Shari’ah Analysis
In addition to the overall investment portfolio review, all web3 investment products, assets and collectibles should go through the following screenings before Shariah compliance can
be determined
“O you who have believed, do not consume one another’s wealth unjustly
1 Anti-scam screening but only [in lawful] business by mutual consent.” (Quran 4:29)
Traditional screening measures such as Know your customer (KYC) and Anti-money Laundering (AML) can be applied to validate the identity of the
How is conducted
people behind the ICO. The introduction of such checks in the ICO process can help prevent fraud, scams and illegal financial transactions.
Non-permissible activities: Pork Production , Non-Halal food products, Alcohol beverages, Gaming , Interest-based financial institution, Entertainment, Weapons, Tobacco.
3 Financials screening
See quantitative screening based on the main 10 Shari’ah screening methodologies (Chapter 4 of this deck).
4 Token screening
Further Shari’ah Checks
See next slide “Web3 and Islamic Contracts”. • Smart contract rules must be Shariah compliant
• Token distribution mechanisms must be Shariah compliant.
• Features and facilities of any exchange must be Shariah compliant
46
Web3 and Islamic contracts
In the Web2 Economy The equivalent in the Web3 Economy Corresponding Shari’ah contracts to comply with
Payments On-chain and cross- Hawaala and Salam contracts
Loans chain services Istisna and Murabaha contracts
47
(*) For art, DeSCI, metaverse, asset tokenization and virtual real estate (* *) Custodial, non custodial, including DID and digital assets
Web3 Products Compliance
In addition to the Shari’ah compliance qualitative and quantitative screening, the following digital assets should be subject to the underlined considerations
Wallets and DeFI Only in the case of gold-backed Only in the case of gold-backed
Wallets are software that leverage cryptography Other stablecoins.
deposits stablecoins
Software allowing customers to trade cryptocurrencies or digital If fully decentralized and not involving into
any haram activity or any non-compliant
DEX/CEX/HEX currencies for other assets, such as conventional fiat money or other Other N/A
cryptocurrency, its is considered halal.
digital currencies.
Initial Coin An Initial Coin Offering (ICO) is a method of raising funds through the Depends on the adopted currency and Shari’ah compliant if 10 main conditions
Investment are met (see next slides)
Offering (ICO) use of cryptocurrencies. ICOs are basically blockchain crowd sales. on the respect of the Bay’ contract
48
Always consult with Islamic scholars or experts to evaluate the Shari’ah compliance of investment products
Giorgio Torre
All rights are reserved. Every content part of this document, whether partial or total, aims to educate and does not replace an appropriate deep research. No profit has been generated out of it.
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