Islamic Finance
August 2011
Ba
nk Eth
ing ica
& l
Fin
an
ce
www.globalislamicfinancemagazine.com
HOW TO RUN
AN ISLAMIC BANK
PUTTING CORPORATE
STRATEGY IN PLACE
UK: 6.00
State of Qatar
End of Islamic Banking Windows
P. 42
P. 28
P. 32
Addressing
tomorrows business
needs today
www.grmg.co.uk
Contents;QWERTYUIIOPDFHJUIIOPDFHJJ
News
14
The term Islamic banking means the carrying out of banking operations in compliance with Shariah
principles. Islamic banking and finance have been growing rapidly over the years. Its successes not only
include countries with large Muslim populations but also those countries where the Muslim population is
a minority. Banking practices with the concept of receipt and payment of interest are not in accordance
with Shariah principles. In the past Muslim communities could not avoid conventional ways of banking
but Islamic banking practices have been flourishing over the past years so that Islamic finance is now
recognised throughout the financial world...
Interview
25 Islamic Finance is one of the key functional areas for the Halal
Industry
25
At the beginning of February, 2011, Qatar Central Bank (QCB) notified all conventional banks in Qatar that
they were required to stop operating Islamic windows (IWs) by the 31st of December 2011.
On the 10th of February 2011, QCB issued a public press release detailing the requirements and explaining the reasons for its decision to stop the operation of the IWs...
Islam all too often resonates negatively in Europe, with much non-Muslim public opinion uncomfortable
with Islamic culture and values. Secular and Christian opinion is at best suspicious of Shariah, Islamic law,
and indeed often antagonistic. The notion of wanting to apply Shariah principles to banking and finance
is treated with scepticism if not outright hostility, especially as there is no concept of Christian or Jewish
banking, even if there are some parallels between Shariah financial principles and the teaching of the Old
Testament...
32
Islamic Finance
42 Part 1: Islamic Project Financing Setting the Agenda for Innovation Opportunities
The global demand for Islamic project financing is growing at an unprecedented rate where many investors
around the world are looking into major financial hubs to aid in funding lucrative projects. As the Islamic
financial market adheres to the principles set out by Shariah law all investments and projects have to be
constructed in a Shariah compliant manner and authorised by an Islamic financial governing or regulatory
body of the country. There are many lucrative sectors which provide scope for profitable projects across
the spectrum of Islamic finance. Traditionally projects in the infrastructure sector proved more rewarding
as there were many opportunities especially in the Islamic financial hub of the United Arab Emirates...
An overall socio-political-economic system gives rise to an economic system out of which grows a system
of financing to facilitate production, trade and exchange. The idea of the contemporary conventional economic system is usually traced to Adam Smiths conception of an economy as envisioned in his book, the
Wealth of Nations. What has been ignored until recently, however, the fact that, from an epistemological
point of view, Smiths vision of the economy is embedded in his vision of a moral-ethical system that gives
rise to the economy envisioned in the Wealth of Nations...
August 2011
48
There are various forms of marketing techniques and strategies that can help to spur the Islamic finance
industry forward. However one such technique which cannot be understated is the effectiveness of using
internal marketing strategies. So what exactly is the concept of internal marketing? Internal marketing
is the application of processes and principles within the marketing framework of financial institutions.
Internal marketing therefore involves a business or company using various different methods and dividing
marketing roles within their departments transforming them into business units...
Sukuk
62 Analysis of Sale/Debt based Sukuk: The Malaysian Saga,
part 2
The absence of bonds instruments in most al-murabaha project finance particularly in the ever liquid
Middle-East countries may be explained by the controversy on the validity of using bai al-inah in the
securitisation process and the application of bai al-dayn at a discount in bonds in secondary trading. The
question now is; what are the underlying issues behind this controversy about the legitimacy of bai al-inah
and bai al-dayn in Islamic law? What could explain its rejection in the Middle-East countries while gaining
acceptance in Malaysia?...
55
Market Review
54 Russia needs Changes to Law to Facilitate Sukuk
As the Islamic finance industry is growing at an unprecedented speed, Russia still remains to have
changed laws in order to facilitate sukuk. Russian borrowers are pitching plans to sell the nations first
Islamic bonds even as regulators lag behind in customising laws for the industry...
It has been reported that Oman is to add a staggering $6 Billion worth of assets for the development over
the next few years, according to estimates by Ernst & Youngs Islamic Financial Services Group...
Saudi Arabias finance minister has reportedly urged Muslim countries to adopt suitable economic reform
programs and adapt to the changing global financial economic changes to confront the challenges of facing them and building solutions...
Islamic trade finance has grown progressively towards Shariah-compliant banking and could serve as one
of the key growth drivers to aid the $1 trillion Islamic finance industry in its growing global expansion...
62
Gulf Banks are making significant efforts to boost Arabian Gulf banks saying that they are more ready to
accept Asian Islamic debt as Shariah-compliant, allowing them to invest in a market that has issued twice
as much sukuk as the Middle East this year...
76 Event Review
78 Book Review
79 Events Calendar
82 Business Directory
84 Glossary
86 In the Next Issue
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Editor-in-Chief
Farhad Reyazat
PhD in Risk Management
Contributors
Professor Rodney Wilson
Dr Farhad Reyazat
Dr Osama Alsulaiman
Richard Williams
Imran Pasha
Mughees Shaukat
Siraj Al Islam
Abbas Mirakhor
Edib Smolo
Warren Edwardes
Dato Hafsah Hashim
Shah Fahad
Mahmood Hasan
Tasnim Nazeer
Sara Hasan
Autumn Louise St. John
Amy Thompson
Nelly Ahmedova
Ritika Banerjee
Ajay Surti
Beata Jagorow
Patricia Ke-Hsuan Tsai
Tajah Brown
Dioumel Ka
Carina Lewis
Executive staff
Agnes Gradzewicz
David Smith
Gareth Platt
Simon Hartshorne
Somayeh Rastgar
Kamran Khalid
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August 2011
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Editorial Letter
Islamic Banking is fast developing in the global
financial world with many establishments being
set up worldwide to cater for the demands of both
Muslims and Non Muslims around the world. It
is therefore imperative that the development of
Islamic banks is well defined and the system of
running a Shariah compliant bank is well understood by all industry professionals.
The last decade has seen an increasing demand
for Shariah compliant banking with well established conventional banks opening up Islamic
windows to cater for the rising demand. The UK
alone has an estimated US$300 million of combined assets and overall the Islamic finance industry is expected to rise to over US$1 trillion.
This provides adequate scope for the development of Islamic banks and a real opportunity for
companies and interested business professionals
to learn more about running an Islamic banking
institution.
August 2011
Farhad Reyazat
PhD in Risk Management
Editor in Chief
News
gif
At the end of May, BRI Syariahs total financing was almost Rp 6 trillion, about a third
of which came from consumer financing.
Ventje said the bank wants to reach Rp 9
trillion in financing by the end of 2011. The
high target will erode the lenders capital adequacy ratio to 15 percent by the end of this
year, he said.
As of May, its capital adequacy ratio was at
20 percent. Although the bank has the full
support from its parent company, it did not
rule out selling sub-ordinate sukuk to bolster
its capital.
Tenaga to Sell $1.7 Billion 20-Year Islamic
Bond, CEO Says
Tenaga Nasional Bhd., Malaysias biggest
power producer, plans to raise as much as
5 billion ringgit ($1.7 billion) from a 20year ringgit-denominated Islamic bond offering.
The utility is raising power generation capacity to meet rising demand on the Malaysian
peninsula after shelving plans to buy electricity generated by the Bakun hydroelectric
dam on Borneo Island earlier this year. The
20-year paper will help alleviate a shortage
of longer-dated securities that insurers need
to match assets and liabilities.
Islamic finance must match the level of service and innovation of conventional banking,
Ventje said, and that means taking unique
approaches.
I think the hardcore Shariah market is finished, he said, For Islamic banking to expand, it has to see itself as part of overall
banking, not as an alternative.
Total Islamic lending in Indonesia reached
Rp 75.7 trillion by the end of April, compared
with Rp 1,843.5 trillion in conventional banking, according to Bank Indonesia data.
gif
News
August 2011
The UAE Central Bank is doing unprecedently well and is about to launch a facility
for repurchase for Islamic certificates of
deposits in order to provide a new liquidity
tool for the OPEC members banks.
gif
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UAE Central Bank To Launch Islamic Certificates of Deposit For Repo Facility
News
,,
Islamic finance is one of the fastest growing industries in the world. However, authentic
education on the subject is not widely and
easily available. We are delighted to work with
Durham University and Hawkamah to fill this
vacuum and create what will be the benchmark in Islamic finance teaching. For the first
time in the UAE, practitioners as well as students can benefit from a curriculum designed
to teach both the academic and practical skills
needed to succeed in Islamic finance
,,
Dr. Hussain
Hamed Hassan,
Managing Director,
Dar Al Sharia
,,
,,
Tariq Al-Rifai,
Siti Zailah sought explanation on the implications to Islamic banks in the country following impending restructuring of the banks.
Awang Adek said the government had still no
definite plans to carry out a restructuring ex12 Global Islamic Finance
August 2011
,,
gif
,,
Neil D Miller,
Global head of
Islamic finance,
KPMG
News
there has been minimal negative effect on
the growth of insurance companies due to
recent events in Bahrain, where indicators
clearly show a rise in total insurance premiums, capital and assets of the insurance
market in Bahrain, in addition to the remarkable growth of the takaful insurance industry
keeping up with the growth of both the direct
insurance market or the reinsurance market
in previous years, the CBB said.
Islamic Finance The Greener Ethical Option
,,
,,
,,
John Willsdon,
,,
Richard Bishop,
CEO of GNL
Insurance
gif
presided over the ceremony. V T Faisal, General Secretary of IIAQ, welcomed the guests
and Taj Aluva proposed a vote of thanks.
Albaraka Turkish Unit Secures $150m
Funding
Albaraka Banking Group said its Turkish
subsidiary has mandated several major
banks to arrange a $150 million dual-currency syndicated finance facility to expand
its activities in the country.
Albaraka Trk said the banks involved in the
arrangement of Murabaha financing facility
are ABC Islamic Bank, Emirates NBD Bank,
Noor Islamic Bank and Standard Chartered
Bank (together the initial mandated lead arrangers and the book runners).
As a prominent participation bank in Turkey, Albaraka Trk enjoys a market share of
19.14 per cent in the participation banking
segment by asset size in Q1 March 2011.
The financing facility has a tenor of one year
and carries a profit rate of 150 bppa over the
relevant Libor/Euribor.
The facility was launched into general syndication last month with banks from across
the globe invited to participate in the facility.
Financing under this facility will be used by
Albaraka Trk to expand its financing activities in Turkey. The facility has a tenor of one
year and carries a profit rate of 150 bppa
over the relevant LIBOR/EURIBOR.
The facility was launched into general syndication on the 29th June 2011, with banks
from across the globe invited to participate.
Albaraka Trk is amongst the first financial
institutions and one of the pioneers in the
field of interest-free banking in Turkey. It
completed its establishment in 1984 and
commenced operations in the beginning of
1985. Albaraka Trk is currently rated BB
with negative outlook by S&P.
Albaraka Trk continues its operations in
compliance with the Law of Banking numbered 5411. Albaraka Trk was founded by
Albaraka Banking Group (ABG), one of the
prominent groups of the Middle East, Islamic Development Bank (IDB) and Alharthy
Family, which served the Turkish economy
for more than half a century.
As of the 31st May 2011, the foreign partners own 66.16 per cent, the domestic partners 11.33 per cent and 22.51 per cent are
publicly held. Albaraka Trk has a market
share of 19.14 per cent in the Turkish participation banking segment by asset size in
Q1 2011. gif
13
gif
Islamic Banking
HOW TO RUN
AN ISLAMIC BANK
Author: Imran Pasha, Head of Retail, Islamic Bank of Britain, United Kingdom
Richard Williams, Finance Director, Bank of London and Middle East, United Kingdom
Tajah Brown, Global Islamic Finance Magazine Editorial Team, United Kingdom
Abstract: When considering the aspects involved in running an Islamic bank it is vital to channel
resources such as knowledge and relationships in the right direction in order to strike a balance between innovation and control. Strategy is the art of creating value and providing frameworks, models
and governing ideas. It could be compared to software, which needs to be updated as people expand
their knowledge and gain experience. How to run an Islamic bank will explore the different strategies
involved in the running of an Islamic bank such as risk positioning and financial fundamentals.
Islamic banking is a rapidly growing industry with the establishment of many new institutions embracing Shariah compliant banking. The UK has combined assets of US$300 million and overall the
Islamic finance industry is worth an estimated one trillion US dollars globally. This article explores the
key factors in running an Islamic bank, covering topics such as regulations and risk management. Imran Pasha and Richard Williams will give their views and advice on subjects such as the tailoring and
overseeing of Islamic products and the attraction of non-Muslims to Islamic finance. The article also
looks at the comparison of Islamic and conventional banks and the steps required when establishing
an Islamic institution.
Keywords: Strategies, Shariah Principles, Basel III, Risk Management, Islamic Financial Products
August 2011
Islamic Banking
gif
15
gif
Islamic Banking
Islamic banks have problems in managing liquidity and risk because of the limited
amount of financial instruments on offer.
Head of Retail, Imran Pasha, shares his exIslamic products are not as commoditised
pert knowledge of how to run an Islamic bank.
and tend to need more altering and atHe is currently responsible
tention, which can result in
for the banks distribution
operation risk. The latest inThe first steps to establishing an Islamic bank Establishment of the IBB
network, marketing funcstrument to complement the
Imran Pasha, Head of Retail at the Islamic Bank of Britain talks us through the
tion and deposits. With over
operating systems of Islamic
steps:
10 years of experience in
transactions internationally
the financial services sector
is the wakalah structure. The
Licensing. Establishing a bank is a long and painstaking task consisting of several
and various positions in the
exclusion of limitations within
elements. The first is regulatory and financial. IBB therefore came into existence in
IBB such as Area Manager
the Islamic finance industry
August 2004 when the UK governments regulatory body, the Financial Services
Authority (FSA), granted the bank its license. In September 2004 IBB became a UK
and Branch Manager, Imran
should encourage the develpublicly listed company on the Alternative Investment Market (AIM).
Pasha talks us through the
opment and growth of the
establishment of the IBB
industry. The rapidly growing
Retail financial services. Once the capital was raised by investors in the UK and
and the effect it had on the
Islamic finance industry is althe Middle East, the bank set about implementing the vision of offering Shariah
financial industry.
ready worth an estimated one
complaint retail financial services. This included designing and setting up the infrastructure, processes and products as well as bringing together the team.
trillion US dollars globally.
He says that the IBB has
Branch network. This was followed by the setting up of a branch network. IBB now
impacted the UK and EuLiquidity management struchas a national branch network in key locations including London, the Midlands and
ropean financial industry,
ture can be challenging for
North West.
The bank has continued
Islamic banks because of
Smart banking facilities. To complement this, and to enable Shariah compliant
to maintain this position
the lack of liquid instruments
banking to be accessible to consumers across the UK, IBB also developed its Smart
and still remains the only
within Islamic finance. After
banking facilities. These allow customers to carry out their banking over the internet
Islamic retail bank in the
attaining extra revenue the
or telephone by liaising with one of the banks customer services representatives.
UK and Europe. It is conGCC Islamic banks kept a
Marketing and awareness. Marketing and community relations have also played
sidered a pioneer of retail
large amount of core liquidan important role in the banks activities. In order to establish a presence IBB has
Islamic banking and curity in the form of short-term
played a strong role in the British Muslim community, providing services to local
rently offers the largest
Murabaha and deposits from
mosques and charities. It has also undertaken extensive marketing, advertising
range of Shariah-compliant
central banks. The result of
and PR activities to ensure its target audience are aware of the bank and its prodretail financial products to
these actions proved that
ucts and services.
the UK consumer. Almost
it was the right choice for
Product development. Finally, the bank has undertaken extensive product develseven years on and IBB has
that particular area, which is
opment so that its customers can genuinely manage their finance according to the
grown at a steady rate and
known for numerous cycles
principles of their faith, i.e. without the use of interest. As a result of its ongoing
carved itself a niche in the
and recurring shocks.
work, the bank now offers the largest range of Shariah compliant retail financial
UK retail banking sector.
products and services in the UK.
16 Global Islamic Finance
August 2011
Dea
d
Exte line
nde
Unti d
l
1st
Sep
of
tem
b
er
WILL YOUR
INSTITUTION BE IN
2011
These prestigious rankings provide a comprehensive outlook into the Global Islamic financial industry and are the first of their kind. GIF is working hard to ensure that both individuals and institutions are included in the list of high ranking categories. If you are interested in
taking part please register your interest at the earliest opportunity.
We are only able to include Institutions for which we have updated results in each category,
so ensure that your Institution will provide us with updated data.
No financial payment is made as the cost of the research is funded by Global Islamic Finance
magazine, with no third party financial sponsorship or support.
www.globalislamicfinancerankings.com
gif
Islamic Banking
The Finance Director at the Bank of London and the Middle East,
Richard Williams gives his views on Islamic banks in the financial
crisis. When the credit crisis hit in 2008 many commentators and
industry leaders appeared to believe that Islamic banks were immune from the financial crisis. Now, however, we can see that some
Islamic banks were exposed due to over-zealous expansion and excessive risk concentrations, particularly in the property sector. He
continues One of BLMEs priorities has been to offer a diversified
range of products and services, ranging from asset management to
trade finance and leasing.
The legal and regulatory changes in Islamic finance and banking
An important aspect of Islamic banking regulations is the maintenance of a level playing field between banking institutions, this re-
August 2011
Islamic Banking
gif
sults in the regulators within Islamic finance applying the same principles of handling risks to all banks. Regulators apply the national
supervisory principles to all banks, no matter what services they offer,
Islamic or conventional. However the generic principles may not apply
to every Islamic banking framework and the regulatory requirements
should be tailored to cater to any relevant characteristics when running an Islamic bank.
The Basel III system is the most recent of global regulatory standards
which has developed from the previous Basel I and Basel II agreements. The Basel committee agree on the Basel II standards for
banks capital adequacy and liquidity. The goal of the Basel III system
is to strengthen bank capital requirements and encourage new policies on bank leverage and liquidity.
Imran Pasha explores the legal and regulatory changes to ensure the
aims of Islamic banks are met. He says that within the UK the government and the Financial Services Authority (FSA) have worked with
and encouraged those aiming to establish Islamic financial institutions. The overall goal is to make the UK the capital Islamic financial
hub in Europe. Imran Pasha says To illustrate, the UK was the first
member of the EU to authorise Islamic banks. The government also
introduced changes so that Islamic mortgages would not be subject
to double taxation. There have been at least five Financial Acts since
2003, where legislative changes have been introduced to put Islamic
finance on a level playing field with conventional finance. He adds
that there have also been numerous changes made by the HMRC
and the FSA covering the aspects of profits, taxation and regulation
of Home Purchase Plans.
He refers to the CityUK Islamic Finance 2011 report and gives examples of the UK within Islamic finance. There are 22 banks in the
UK offering Islamic products. This figure exceeds that of any other
western country. There were five Sukuk listings at the London Stock
Exchange (LSE) in 2010 and one in early 2011. This brings the aggregate total at the LSE to 31 listings worth US$19 billion. Islamic funds
in the UK have combined assets of US$300 million.
The Bank of London and the Middle East (BLME) is an independent
wholesale Shariah compliant bank based in London and provides Islamic investment and products to businesses and individuals. The
financial director, Richard Williams, discusses the changes in regulation and how it affects Islamic banks. Joining the BLME in 2007 the
financial director spent his early career working in investment banking.
How are values and regulations tailored to apply to Islamic finance and
banking?
He spent the next ten years at Robert Fleming & Co setting up the
global equities derivatives business and travelled to Tokyo and Hong
Kong. Richard also has experience with start up companies and in
the areas of private equity with legal and general ventures. He shares
his views saying Basel III was introduced over the coming years with
full accord, scheduled to be fully implemented by 2019. Richard Wil2011 August Global Islamic Finance
19
gif
Islamic Banking
Conventional Banks
Islamic Banks
The functions and operating modes of conventional banks are based The functions and operating modes of Islamic banks are based on the principles
on fully manmade principles.
of Islamic Shariah.
The investor is assured of a predetermined rate of interest.
In contrast, it promotes risk sharing between the provider of capital (investor) and
the user of funds (entrepreneur).
In the modern Islamic banking system, it has become one of the service-oriented
functions of the Islamic banks to be a Zakat Collection Centre and they also pay
out their Zakat.
Lending money and getting it back with compounding interest is the Participation in partnership business is the fundamental function of the Islamic
fundamental function of the conventional banks.
banks. So we have to have thorough understanding of our customers business.
It can charge additional money (penalty and compounded interest) in
case of defaulters.
The Islamic banks have no provision to charge any extra money from the defaulters. Only a small amount of compensation and these proceeds are given to charity.
Rebates are given for early settlement at the Banks discretion.
It gives due importance to the public interest. Its ultimate aim is to ensure growth
with equity.
For interest-based commercial banks, borrowing from the money market is relatively easier.
Since income from the advances is fixed, it gives little importance to Since they share profit and loss, Islamic banks pay greater attention to developing
developing expertise in project appraisal and evaluations.
project appraisal and evaluations.
Conventional banks place greater emphasis on credit-worthiness of
clients.
The status of Islamic bank in relation to its clients is that of partners, investors and
trader, buyer and seller.
Islamic banks can only guarantee deposits for a deposit account, which is based on
the principle of al-wadiah, thus the depositors are guaranteed repayment of their
funds. However if the account is based on the mudarabah concept, clients have to
share in a loss position.
Source: Mohdhafez.wordpress.com
Board of
Directors
Shareholders
Shariah
Supervisory
Board
Shariah
Advisory
Products &
Expertise
Capital
Treasury
Real Estate
Asset Finance
Shariah Advisory
Distribution
Placement
InfrastructureBoard
Communications
August 2011
Advisory
Line of Reporting
Islamic Banking
liams continues by saying that the reason for the mixture of complexities and Shariah prohibitions when increasing alternative and lower
quality forms of capital, is that most Islamic banks have capital structures that are led by Tier 1 capital in the common equity form. This results in a lack of debt in Shariah compliant form, as well as meaningful
levels of significant preference shares and hybrid capital structures.
He lists the factors that put Islamic financial institutions in a beneficial
position compared to their conventional counterparts. The capital adequacy positions of Shariah compliant banks will benefit in a range of
ways, which are:
The limited role of Trading Book businesses, where Shariah principles prohibit short selling and impose strict limitations on the use
of derivatives. Consequently, Shariah financial institutions will be
negligibly affected by the higher capital charges for such operations.
The modest and very limited use of derivatives and securitised
structures by Shariah compliant banks will result in such institutions not being adversely impacted by the additional capital charges that are being applied to address the inherent risks in such
products (e.g. wrong way risk).
The lack of leverage and contingent risks within Islamic banks
will result in the new leverage ratio only having a very modest impact.
gif
These legal considerations are crucial not only for proper implementation but also to maintain the growth of the industry. After examining the second and third points above, it can be seen that in practice
contracts should comply simultaneously with two sets of laws: Islamic
law and secular law. Compliance in this situation can be looked at in
the same way as compliance between the laws of two or more jurisdictions when structuring any cross-border transactions. However IF, as
part of the corpus of Islamic law, does not pertain to any particular
country, territory or sovereign legal system. This raises concerns about
the extent to which the norms and principles of IF are recognised by
western countries. For example, in some cases the UK courts have
ignored the reference to Shariah as a governing law; for instance in
the case of Shamil Bank of Bahrain EC v Beximco Pharmaceuticals
Ltd and others.
In Islamic countries such as Malaysia, conflicts also arose in the civil
courts over Islamic finance contracts since judges have not been able
to reach an agreement when dealing with Islamic finance cases. This
can be seen for example, in the cases of Bank Islam Malaysia Berhad
v Adnan bin Omar and Dato Hj Nik Mahmud Daud v Bank Islam Malaysia Bhd. However, the Central Bank of Malaysia Act 1958 was replaced
in 2009 by a new Act. Section 56 of the new Act makes it mandatory
for the court or arbitrator to take into consideration any published ruling by the Shariah Advisory Council (SAC) relating to any Islamic financial business. Sec 57 from the same Act provides that the SACs ruling
is binding on the court and the arbitrator. The financial regulator also
put the SAC under the Securities Commission so that it must be consulted by judges and its rulings must be considered binding. Malaysia
has sought to give authority to the SAC to rule on any cases involving
Islamic finance issues, rather than them being challenged in the court.
It is therefore apparent that a prerequisite to the sustainable development of any financial industry is a suitable regulatory framework,
which includes an effective dispute resolution mechanism. In contrast,
the lack of enforceability of contractual agreements ultimately increases the possibility of default and delinquency.
21
gif
Islamic Banking
the short-term funding markets they will remain vulnerable and will
appear less resilient than their conventional counterparts. Imran
Pasha talks about the tailoring and overseeing of Islamic products.
He says Islamic products require more tailoring and as a result are
subject to a dual set of rigorous controls and monitoring. This ensures that as much risk as possible is mitigated and oversights are
avoided.
Shariah scholars encourage that all transactions be linked to a tangible and underlying asset. This results in a gap between cash and
long-term bonds. Asset-based financing and lending products, which
may well be found on an Islamic bank balance sheet, operate to
lengthen the liquidity gaps because exits from the transactions are
not always decided beforehand. Until Islamic banks are able to use
He continues, saying that the first sets of controls are put in place
when the product is conceptualised and launched. The controls are
there to ensure the products are Shariah compliant and are managed by the banks Shariah Compliance Officer. The banks Shariah
Supervisory Committee provides any additional support, monitoring
and controls. The second sets of controls are to ensure the operational and business risk is mitigated.
Capital adequacy
Liquidity
Leverage ratio
A back-stop measure to control banks unduly increasing their absolute leverage and level of model
risk while retaining a high capital ratio. This is of
particular importance when considering that some
of the institutions that suffered the largest losses
were among the best capitalised banks in the
world.
Counterparty credit
risk
This requires identifying and managing the risks involved in operating the investments for the product.
Payment risks
Fraud risks
Operation risks
August 2011
The IBB has distinct processes put in place to manage the operational and Shariah compliance risk. He ends by saying in fact, Shariah compliance adds another layer of rigour to IBBs overall risk
management procedures. Shariah compliance control is therefore
the safety net that conventional banks do not have.
What does the future hold for risk management in Islamic banking?
As the Islamic financial industry grows rapidly there is a need for
the risk management sector of Islamic investments to improve. Islamic assets are estimated to be worth US$126 billion in the next
ten years. The risk management sector needs to focus on strong
management, vigorous governance and the ability to address Islamic banking issues.
The complicated Islamic banking products and relations, together
with Shariah compliant substance and form, create issues such as
displaced commercial risk. Islamic banks must have a consistent
Shariah interpretation and standardisation to enable the banks to
take advantage of opportunities quickly.
Establishing Islamic banks around the world
Todays modern commercial banking system in the majority of countries is developed from the financial practices in Europe. The banking system revolves around the principles of capital certainty for depositors and the assurance of the rate of return on deposits. In order
to ensure the successful running of the banking system the Central
Banks have the power of regulation and influence.
This means that all other banks have to abide by the rules of the
Central Bank. However, Islamic banks face challenges when complying with the rules when operating in non-Muslim countries.
The challenges that Islamic banks face when operating in nonMuslim countries are the tax procedures, the fact that the Islamic
banking system cannot ensure any fixed rate of return on deposits
and some Islamic banks cannot ensure the capital because if there
is a loss it is taken from the capital. Another challenge that Islamic
banks face is the Central Bank regulation and influence, which relates to liquidity and capital adequacy. These aspects depend on the
assessment of the worth of assets from Islamic banks.
Non-Muslims within Islamic finance
Imran Pasha discusses the attraction of non-Muslims within Islamic
finance. Shariah compliant products and investments are based
Islamic Banking
gif
DESCRIPTION
COMMENTS
PLS modes
Mudaraba
Musharaka
Muzarah
Musaqat
Direct
investment
The same concept as in conventional banking. The bank cannot invest in the
production of goods and services which contradict the value pattern of Islam,
such as gambling.
Non-PLS
Modes
They are used in places where PLS modes cannot be implemented. For example, in cases of small scale borrowers or
for consumption loans
Qard AlHasanah
Beneficence loans, These are zero-return loans that the Quran exhorts Muslims
to make to those who need them. Banks are allowed to charge the borrowers a
service fee to cover the administrative expenses of handling the loan, provided
that the fee is not related to the amount or maturity of the loan.
Deferred payment sales, The seller can sell a product on the basis of a deferred
payment in instalments or in a lump sum payment. The price of the product is
agreed upon between the buyer and the seller at the time of the sale and cannot
include any charge for deferring payments.
Bai Salam
or Bai Salif
Purchase with deferred delivery, The buyer pays the seller the full negotiated
price of a product that the seller promises to deliver at a future date. This mode
only applies to products whose quality and quantity can be fully specified at the
time the contract is made. Usually, it applies to agricultural or manufactured
products.
Ijara
Ijara wa
iqtina
Leasing
Lease purchase, A party leases a particular product for a specific sum and a
specific period of time. In the case of a leas-purchase, each payment includes
a portion that goes toward the final purchase and transfer of ownership of the
product.
Murabaha
Mark-up, The seller informs the buyer of his cost of acquiring or producing a
specified product; then profit margin (or mark-up) is negotiated between the
buyer and the seller. The total cost is usually paid in instalments.
Jo alah
23
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Islamic Banking
Conclusion
The Islamic financial industry will continue
to develop and become more established in
Muslim and non-Muslim countries. The participatory financing is an exclusive feature of
Islamic banking and can provide funding for
social and economic development projects.
This is an example of an alternative service
that Islamic banks offer compared to the traditional services of conventional banks. This
alternative way of banking gives the customer much more choice.
With increasing information about Islamic
finance becoming available to Muslims and
non-Muslims there is no reason why Islamic
banking and finance will not continue to expand. Richard Williams says With each new
product or service launch IBB engages in an
education programme to help the consumer
understand how it will benefit them. Explaining how products are Shariah compliant is
also critical.
BLMEs financial director gives his thoughts
on the future of Islamic banks. He says
Growth and consolidation, with Reuters
predicting an increase in Sukuk issuance,
the IMF forecasting growth of 10-15% in the
Islamic market and Moodys anticipating the
worth of the Islamic finance industry reaching US$5 trillion by 2015. gif
August 2011
Interview
gif
Islamic Finance is also in the process of strengthening its footing in the industry. It is faced with
several regulatory and product development issues. Islamic
financial expertise is limited in Halal food industry so employees need to be trained and be made aware of the potential benefits of Islamic Finance
Please tell us a little bit about yourself and
how you became involved in the Halal food
industry?
As an entrepreneur and industry representative in a Muslim country like Pakistan I have
observed that food manufacturers primarily
deal in or rather choose to believe that they
deal in Halal food products by default. Over
the years Halal has turned out to be more
than just a religious concept. Total global halal food market size is estimated to be about
USD 635 billion. The domestic and international markets are gradually becoming more
aware of the concept of Halal and market
demand for halal products is on the rise.
How would you best define the term Halal
and what type of food products is it applicable for?
Awareness of the real meaning and implication of the term Halal is limited and subjective. Infact, there exists an inherent issue in
Muslim majority regions that Muslim manufacturers at times believe that whatever they
produce is by default Halal.
Halal food manufacturing implies integrity in
supply chain by adherence to Shariah Law,
maintaining high quality products, assuring
consumer safety, fair trade and animal welfare.
Halal food should be manufactured under
hygienic Shariah compliant guidelines. The
primary prohibitions include items containing alcohol or intoxicants, animals where the
name of Allah has not been invoked during
slaughter and animals which have not been
slaughtered or dead before slaughtering.
There are several prominent halal-certification agencies. How is your organisation
abiding by these certifications? Do you see
the possibility of a natural collaborative effort amongst them in any areas?
Prominent Halal certifications include South
African Halal Certification and Malaysian
Halal Certification bodies. There are certification agencies in Canada, Europe and
United States as well. Infact, I would like to
share that the importance of these certifications has been recently realised in Pakistan.
25
Interview
gif
Food companies are now realising that to enter international markets and to attain credibility in the local market
halal certifications are a must. Rasul Group has recently
attained Halal certification from Bureau Veritas which is
Halal certification agency registered in France.
Bureau Veritas together with the approval of Pakistan
standard quality control authority (PSQCA) has lead to attainment of Halal certification by Rasul Group. The certification attaining process is highly rigorous and involves
amendment measures to be incorporated in supply chain
and specialised training of key employees.
Surely, the issue of having a range of different certification agencies leads to be a major pitfall. The Halal food
industry is in the process of establishing a strong footing
and to attain long-term sustainable growth these certification bodies will have to find a collaborative mid way.
What is the potential demand of Halal food products?
Well, I would say that more important than the current
demand figure is the potential increase in demand for
Halal food products. Currently the demand is about USD
635 billion out of which about 63% demand lies in Asian
markets. However, to cater to this demand, food manufacturers and Halal certification bodies need to find a plausible solution to cater to this fragmented market. As it is a
highly fragmented market in terms of awareness level and
understanding of the term halal.
What are the major challenges faced by the Halal food
industry?
There are several regional challenges faced by the Halal
food industry. Three major challenges that the industry is
facing are:
Promoting Halal Brand: Halal is a brand in itself. Although Halal food associations and bodies exist yet
the brand equity is yet to be strengthened. For starters
there exists a need for collaborative effort amongst
industry players and halal food associations.
Halal food markets are highly diverse and fragmented. They are basically fragmented markets by ethnicity, location, income level, awareness level, religious
factors and a few other determinants. Hence, a onesize-fits-all strategy simply cannot work. It is a challenge for Halal food manufacturers to deal with product adaptability and to cater to target market needs.
August 2011
Why dont Halal food manufactures strictly adopt Islamic Finance? What are the hurdles? How can they be
removed?
As for any other business, finance is one of the key functional areas for Halal food industry. Halal food industry is
in the process of strengthening its brand equity and improving its supply chain. In the process it is faced by range
of challenges with respect to market demand, product acceptability and certification issues.
Islamic Finance is also in the process of strengthening its
footing in the industry. It is faced with several regulatory
and product development issues. Islamic financial expertise is limited in Halal food industry so employees need to
be trained and be made aware of the potential benefits of
Islamic Finance.
These issues can best be resolved through mutual effort
of Islamic Finance and Halal food industry. Islamic finance
industrial players need to recognise the Halal food industry as a key niche market and provide tailored solutions to
suit their needs.
What is the future potential for Halal food exports to
international markets?
The major players in Halal food export market include
Halal food manufacturers in Malaysia and Indonesia.
These markets are better regulated and understand the
importance of Halal certifications. Infact, majority of Halal
products exported to European and American markets are
from these regions.
As for Pakistan the demographic trend is such that we
are a thickly populated country with a large proportion of
young generation. The domestic demand is immense and
production capacity of local Halal food manufacturers is
usually targeted to fulfilling this ever-increasing demand.
As in our case we do export Halal products to Middle East,
Europe, America Canada and Australia but most of the
production is catered to fulfil the local demand.
What is the future potential for Halal food investment
in Asian markets?
There exists an immense potential for Halal food investment in Asian market. Since 63% of the global halal food
market demand is currently derived from Asian markets
the market can be tapped by European and American investors. However, international investors need to understand the concept of Halal and the need for Halal certification.
What advice would you like to give to potential Halal
food investors in Asian markets?
Asian markets have high demand potential and capacity
for further investment. However, international investors
need to identify the market dynamics of selected Asian
market, awareness level of consumers and requirements
of Halal food industry supply chain methodology.
Infact total integrity in the Halal supply chain needs to be
well preserved. If consumers lose credibility in the status
of Halal, as in the case of Ajinomoto MSG product in Indonesia, it is extremely hard to earn back the required trust
and credibility. Therefore, it is important for investors to
get the Halal certificate from the most reputable certification body. gif
gif
Existing Operations
For existing assets and liabilities, including
deposits and finance operations, conventional banks are obligated to do the following up to and including 31 December 2011:
STATE OF QATAR:
END OF ISLAMIC BANKING
WINDOWS
Author: Siraj Al Islam, Associate, Dewey & LeBoeuf LLP
August 2011
Collect the relevant assets and liabilities and dispose of their obligations
within any earlier agreed upon dates;
and
Pay back all Islamic deposits upon any
earlier agreed maturity date.
Following 31 December 2011, to the
extent that neither of the above options
could be exercised, banks may do the
following:
Manage the remaining Islamic assets
in a special portfolio;
Transfer some of the remaining Islamic
assets to the existing Islamic banks;
and
Convert the existing Islamic window
branches to conventional branches.
gif
In addition to specialising in Islamic banking and finance, Siraj has a long history of advising sponsors, banking institutions and quasi-governmental entities with the structuring, implementation and delivery of major
projects, including PPP and PFI.
At the age of 28, Siraj was appointed and served as the United Kingdom General Counsel for ISS, a global
organisation listed by Forbes as the worlds 5th largest private employer and as the 6th best outsourcing company in the world by American Fortune Magazine.
Prior to joining Dewey & LeBoeuf, Siraj worked at international law firms including Clifford Chance LLP
Supervisory Issues
QCB believes that, under Article (1) of the
Qatar Central Bank Law No.33, enacted in
2006, a bank may either conduct its affairs
following conventional banking practices or
it may conduct its affairs according to Islamic banking and financing principles. There
is no option for the same entity to provide
both conventional and Islamic banking, and,
as such, Islamic windows are incompatible
with the law.
QCB further believes that there is no need
to provide Islamic window operations, on the
basis that there exist well-established Islamic banks which are capable of meeting the
needs of investors and depositors who wish
to conduct their affairs according to Islamic
banking and finance principles.
QCB contends that conventional banks are
effectively commingling the non-Islamic
banking practices and Islamic banking practices, and, as a result, are having difficulty in
managing the following specific risks.
1. Bank Risks
The principle of Islamic banking is based
on trade and a return on a specific trade,
which always has an element of ownership,
as opposed to conventional banking, which
does not look at trade or base its return on
trade or a value of a product of a trade, but
rather on a direct increment of an amount
borrowed or lent. Thus, the general risk profiles of Islamic and conventional banking are
completely different.
As more large and complex transactions are
entered into, both Islamic and conventional
deposits are being utilised for the same
transactions. Clearly, the rates of return for
conventional interest-bearing deposits are
wholly different from deposits based on Islamic banking practices. QCB appears to
contend that both Islamic and conventional
risks are getting recorded in the same manner, and therefore that reliability, application
of oversight, calculating ratios and indexes,
and preserving the rights of conventional and
Islamic depositors are becoming increasingly complex. The risk related to commingling
has been widely debated by leading scholars in the past. The end result of the debate
29
gif
Existing Operations
For existing assets and liabilities, including
deposits and finance operations, conventional banks are obligated to do the following
up to and including 31st December 2011:
Collect the relevant assets and liabilities and dispose of their obligations
within any earlier agreed upon dates;
and
Pay back all Islamic deposits upon any
earlier agreed maturity date.
Following 31st December 2011, to the extent that neither of the above options could
be exercised, banks may do the following:
August 2011
be possible for existing Islamic banks to acquire the IWs portfolios and thus allow the
conventional banks to dispose of their IWs
portfolios. To the extent that the QCB agrees
with and allows such disposal, it may be that
the customers of such IWs may not wish to
deal with the existing Islamic banks and this
may have been a reason as to why such customers did not choose the existing Islamic
banks in the first place.
Another possible, voluntary scenario on the
part of all the IWs, their customers and existing Islamic banks may provide for a program
whereby the IWs agree with their customers
to bring to maturity their existing relationship. At the same time the IWs agree with
existing Islamic banks to provide the same
facilities so that the customers of the IWs
are not commercially affected. Subject to
Qatari law, this may even be achieved by the
parties entering into a novation agreement.
It is argued, however, that this may not be
a workable solution from a commercial perspective as the existing Islamic banks may
not be willing to provide the same terms to
the IWs customers as they currently have,
on the basis that existing customers of
the Islamic banks may be under different
terms which may not be on par with the IWs
terms.
Why is QCB stopping the operations of Islamic windows by conventional banks?
QCB has provided two categories of reasons
for its decision:
Supervisory Issues
QCB believes that, under Article (1) of the
Qatar Central Bank Law No.33, enacted in
2006, a bank may either conduct its affairs
following conventional banking practices or
it may conduct its affairs according to Islamic banking and financing principles. There
is no option for the same entity to provide
both conventional and Islamic banking, and,
as such, Islamic windows are incompatible
with the law.
QCB further believes that there is no need
to provide Islamic window operations, on the
basis that there exist well-established Islamic banks which are capable of meeting the
needs of investors and depositors who wish
to conduct their affairs according to Islamic
banking and finance principles.
QCB contends that conventional banks are
effectively commingling the non-Islamic
banking practices and Islamic banking practices, and, as a result, are having difficulty in
managing the following specific risks. gif
Top 50
Best Companies to work for
in Islamic Finance
Definitive guide to Islamic finance most respected
employers, a compilation of 50 top and best
companies to work in Islamic finance industry.
Ranking factors are determined by company size
(turnover), reputation in industry, compensation &
benefits, environment & culture (employee survey), and industry rankings.
Contact us on
rankings@globalislamicfinancemagazine.com
www.globalilsamicfinancemagazine.com/rankings
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ISLAMIC FINANCE
GAINS MOMENTUM
IN EUROPE, PART I
Author: Professor Rodney Wilson, Durham University, UK
August 2011
slam all too often resonates negatively in Europe, with much nonMuslim public opinion uncomfortable with Islamic culture and values.
Secular and Christian opinion is at
best suspicious of Shariah, Islamic
law, and indeed often antagonistic.
The notion of wanting to apply Shariah principles to banking and finance is treated with
scepticism if not outright hostility, especially
as there is no concept of Christian or Jewish banking, even if there are some parallels
between Shariah financial principles and the
teaching of the Old Testament.
Yet Islamic finance is thriving in Europe, and
many major European banks perceive it as a
profitable opportunity to generate new business rather than as a threat to existing business. Although Islam is sometimes viewed
as prescriptive and concerned with restricting choice, Islamic finance is about widen-
The Islamic financial activities of major European banks will become apparent from
the discussion, as will the Islamic finance
operations of some of the Arab banks with
subsidiaries and branches in Europe. The
achievements of the European based exclusively Islamic banks will also be reviewed,
notably those of Islamic Bank of Britain and
the European Islamic Investment Bank.
The role of Islamic finance in Euro-Arab
banking relations
Islamic finance has become a key dimension of the relationship between Arab banks
and their European counterparties. While
the Arab banks imported most of their conventional financial products from Europe in
the past, now European banks are importing
Shariah compliant products from the Arab
World, not only for their overseas Arab clients, but more significantly for the growing
Muslim population of Europe. Thanks to the
emergence of Islamic banking, knowledge
transfers in finance have become a two way
process rather than simply a one sided affair. European banks have as much to learn
from the Arab World as the latter have from
Europe as interdependence replaces dependence.
The increasing spread of Shariah compliant
finance, and the dynamism of the economies where it is important, is making the
Euro-Arab financial relationship more a partnership of equals in the twenty first century.
In contrast for much of the nineteenth and
twentieth centuries the Arab economies
underperformed those of Europe, and one
explanation for this underperformance was
the development of a financial system in the
region based on riba that was never fully
accepted given its inherent conflict with Islamic values.
Fortunately now pious Muslims have a real
choice, as Shariah compliant products have
been developed over the last three decades
to serve most of their financial needs, and
these products are at least as efficient as
their conventional counterparts. The United
Kingdom has been the gateway for Islamic
finance to enter Europe, partly reflecting the
role of London as the leading international
financial centre, but also as a consequence
gif
In the banking field the development of Islamic retail banking in Europe is reviewed,
with a further section devoted to Shariah
compliant wealth management and private banking.
Prospects for Islamic investment banking are also considered as well as the European experience of Shariah
compliant fund management
33
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August 2011
International
Investment Co (IIC)
Success is not for the timid. It is for those who seek guidance,
make decisions, and take decisive action.
www.iiconline.co.uk
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August 2011
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37
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August 2011
Chapra, M. Umer, The Future of Economics: An Islamic Perspective, Islamic Foundation, 2000.
El-Ashker, Ahmed and Wilson, Rodney,
Islamic Economics: A Short History, Brill
Academic Publishers, 2006.
El-Gamal, Mahmoud A, Islamic Finance:
Law, Economics and Practice, Cambridge
University Press, 2006.
Iqbal, Zamir and Mirakhor, Abbas, An Introduction to Islamic Finance: Theory and
Practice, Wiley, 2007.
Hassan, M. Kabir and Lewis, Mervyn K.,
Handbook of Islamic Banking, Edward Elgar, Cheltenham, England and Northampton, Massachusetts, 2007.
Henry, Clement and Wilson, Rodney, The
Politics of Islamic Finance, Edinburgh
University Press and Columbia University
Press, New York, 2004. (reprinted by Oxford University Press, Karachi, 2005)
Adam, Nathif J. and Thomas, Abdulkader,
(eds.) Islamic Bonds: Your Guide to Issuing, Structuring and Investing in Sukuk,
Euromoney Books, London, 2004.
Archer, Simon and Karim, Rifaat Abdel
(eds.) Islamic Finance: Innovation and
Growth, Euromoney Books, London,
2002.
Islamic Finance Information Service:
http://sitesecurities.com/ifis
Institute of Islamic Banking and Insurance, London: www.islamic-banking.com
Event Review
gif
JAMES CAAN OF
BBCS DRAGOS DEN
IS SUPPORTING THE
GLOBAL INVESTOR
WINDOW
Investors from
this region [Middle East] generally expect entrepreneurs to
have more direct contact,
demonstrate their understanding of the local/
regional market, and structure deals in accordance
with cultural norms
Welcome to a sustainable
and ethical banking
Era
Islamic Finance Services
gif
Islamic Finance
Abstract: Global Islamic Finance Magazine will present part 1 of the Islamic Project Finance Series which will be discussing the key components of project financing in adherence to the Shariah. This article aims to raise awareness of
the functions and Islamic financial instruments used in Islamic Project financing along with an overview of the various
opportunities presented in the sector primarily focusing on the UAE in Part 1 and then looking at various other countries
around the world throughout the series. Islamic Project Financing is a growing sector and provides the avid investor with
an excellent alternative to indulge in profitable projects through Islamic financial transactions which have the advantage
of dealing with a prohibition of interest and many other benefits. Part 1 of the Global Islamic Finance Project Finance
series outlines the various different types of Islamic financial instruments such as Mudaraba, Musharaka, Ijarah, Salam
and most popularly Istisna and the implementation of the instruments in Islamic financial transactions. We will also look
at the Insurance aspects of financing projects such as Takaful Islamic Insurance. All these components are vital to know
when making that lucrative financial deal.
Keywords: Islamic Project Financing, Islamic financial Instruments, Mudaraba, UAE, Musharaka, Istisna, Salam, Takaful,
Quard Hasan, Tranches, Saudi Arabia, Infrastructure, Energy
August 2011
Islamic Finance
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43
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Islamic Finance
August 2011
Islamic Finance
and fair. It refers to the pool of payments
by a group of participants of an agreed sum
into a common fund that will be managed
in accordance with the Shariah, particularly
the Mudaraba contract. In the case of the insured event, the participant benefits through
Takaful by claiming compensation from the
fund. In the absence of the claim, the participants share the surplus of the invested
funds. Conventional insurance companies
manage the funds of its clients on their behalf. Similarly in takaful, the Islamic Bank is
a trustee (not to be confused with the legal
concept of trustee under English law) managing the funds of the participants for a fee.
Thus, each participant retains title over its
share of the funds, and under certain conditions may withdraw its share.
However, in practice, it is seen that the pure
Islamic Shariah compliant nature is detracted from the actual concept of takaful. The
reason behind this is because the takaful
funds are currently reinsured on a conventional basis due to the lack of a developed
Islamic reinsurance market and the need to
build up the reinsurance Takaful market.
To shed more light on the implementation
of specific Shariah compliant instruments
when dealing with Islamic financial projects
GIF has displayed figure 3 which shows the
process of Istisna from the construction
stage up until the operations stage whereby
Ijarah leasing can also be implemented.
1. Construction phases (Istisna) the borrower
procures construction of project assets and
then transfers title to assets to Islamic financiers. As consideration, Islamic financiers make
phased payments to the borrower (equivalent
to loan advances).
2. Operations phase (Ijarah) Islamic financiers lease project assets to the borrower. Borrower makes lease payments (equivalent to
debt service).
Source: Chadbourne.com
Infrastructure Projects
Agricultural
Construction and Energy
Educational
Charity Projects
Real Estate
gif
The Rabigh Project had established a credible framework within the Saudi legal system for the inclusion of Islamic tranches in
multi-sourced transactions. Islamic financing products are most attractive to project finance sponsorship organisations especially
in large capital projects when they can deliver additional capital participation. Another
benefit is the inclusion of multiple financing
sources from export credit agencies, bond
or Sukuk which adds structural complexity
(and with complexity comes a time cost and
execution risk).
The Islamic financing therefore needs to
bring that additional benefit to overcome
the perceived process and structural burden
associated with the inclusion of an Islamic financing tranche. However in Islamic tranches there poses challenges of tenor and price.
Pricing which runs over a long period of time
in Islamic projects can often be unattractive
for domestic and Islamic banks. However despite challenges that Islamic Project finance
faces there has been unprecedented growth
especially in the United Arab Emirates.
The growth in Islamic project financing has
been phenomenal. It exemplifies the success of both the burgeoning Islamic finance
sector and the booming construction industry in the region, said MEED, organiser of
the upcoming Islamic Project Finance conference (Khaleej Times).
Ensuring that tranches of Islamic funding
work effectively with conventional finance,
that clients understand where the liability
lies in Islamic arrangements, and the implications this has for relationships between
conventional and Islamic investors is at the
heart of our current work in the sector. It is
an approach that is appreciated both by our
clients and by their stakeholders. said Oliver Agha, Global Head of Islamic Finance at
DLA Piper (Khaleej Times).
Not only do non conventional project sectors
such as steel incur lucrative deals in the UAE
but there is also scope for infrastructural
opportunities in the UAE. The energy sector saw a vast opportunity in the UAE from
Dolphin Energy whereby the government of
Abu Dhabi secured a project financing deal
for the construction of the Taweelah Fujairah
pipeline, as well as the expansion of storage
facilities at Ras Laffan, is progressing well,
with the final stage of the pipeline due to be
completed in the first quarter of 2011, and
storage substantially complete.
Tony Boon, director of project finance for Dolphin Energy, said that despite the increased
liquidity available in the market, project finance will continue to play a major part in financing options. It is prudent to spread the
risk across the types of finance available;
2011 August Global Islamic Finance
45
gif
Islamic Finance
Figure 3:
Islamic finance
providers
Intercreditor
agreement
Conventional
lenders
Investment agency
agreement
Purchase undertaking
Islamic facility
agent
Service
agency
agreement
Sale undertaking
Investment
agency
agreement
Ijara
Istisnaa
Project
company
Construction
contract
Construction
contractor
Source: Chadbourne.com
Islamic Finance a UAE Legal Perspective (2010) Al Tamimi & Company, Article Retrieved from: http://www.tamimi.com/files/Legal%20Brochures/
IslamicFinance.pdf
ADIB leads the Islamic Tranche of the AED 4 Billion (2010) Abu Dhabi Islamic Bank, Article Retrieved from: http://www.adib.ae/adib-leads-islamictranche-aed-40-billion-project-finance-facility-prestigious-emirates-steel-indust
Islamic Project Finance Structure and Challenges (2010) Chadbourne, Article Retrieved from: http://www.chadbourne.com/files/Publication/
c4ae820b-24ba-4e5b-9f7d-186814289e7e/Presentation/PublicationAttachment/20d7847a-8644-4b0f-b3e7-19a496eebf22/pfn_Intl_0210.
pdf
UAE Federal Supreme Court Justice Project (2010) Global Arab Network, Retrieved from: http://www.english.globalarabnetwork.
com/201009047135/Related-news-from-UAE/uae-federal-supreme-court-completes-first-phase-of-e-justice-project.html
Islamic Finance Project in Saudi Arabia (2006) White & Case, Article Retrieved from: http://www.whitecase.com/files/Publication/5f53893ac38a-4d3b-873d-c7da9f181b27/Presentation/PublicationAttachment/536c71d1-05f5-4c04-a230-c8e647ca455e/article_Islamic_Project_Finance.pdf
$1 trillion project financing market spurs Islamic lending sector growth (2007) Khaleej Times, Article Retrieved from: http://www.khaleejtimes.
com/DisplayArticle.asp?xfile=/data/business/2007/June/business_June447.xml§ion=business
August 2011
gif
Islamic Finance
Abstract: Simply stated, epistemology deals with the question of what we know about a phenomenon and how do we know it. The practitioners use the term Islamic finance industry (IFI) to refer to their activities in designing and trading Shariah-compliant ways and means
of financing. Taxonomically, industries in an economy belong to a sector and sectors belong to subsystems which in turn belong to a larger
system. For example, a bank belongs to a banking industry which belongs to the financial sector which belongs to the financial subsystem
which belongs to the larger economic system which, finally, belongs to an overall socio-political-economic system. Before the current inception of IFI, there was what could be called a market failure in the conventional financial system. There was substantial unmet demand
for Shariah-compliant financial products. IFI grew out of the conventional finance to meet this demand. Muslim scholars writing mostly
since the 1970s about Islamic finance focused on development of an Islamic finance system; they not only emphasised elimination of riba
contracts but urged their replacement with risk-sharing contracts. The practitioners, most of whom had been operating in the conventional
finance, were however interested in developing ways and means of finance that, while Shariah-compatible, would be familiar to and accepted by market players in the conventional finance. The former emphasised Profit-Loss Sharing (PLS), the latter focused on traditional
methods of conventional finance centred on risk transfer and risk shifting. This article argues that there are two ideal financial systems
based on risk sharing, conventional and Islamic, and one actual conventional system focused on risk transfer. There are two industries
within the actual system; conventional and Islamic finance industry. The paper then proceeds to discuss the epistemology and the main
characteristics of each of the two ideal systems.
Keywords: Conventional Economy, Arrow-Debreu, Financial Instruments, Islamic Finance Industry, Risk
48 Global Islamic Finance
August 2011
Islamic Finance
gif
The work of Arrow-Debreu (1954) is fundamentally about optimal risk sharing in a decentralised market economy. It addresses the question
of how best to allocate risk in an economy. The answer
is that risk should be allocated to those who can best
bear it.
sioned in the Wealth of Nations. That moralethical system was well-described in Smiths
book: The Theory of Moral Sentiments which
preceded his Wealth of Nation by a decade
and half (Mirakhor & Askari, 2010; Mirakhor
& Hamid, 2009). Whereas conventional economics considered Smiths notion of invisible hand as a coordinator of independent
decisions of market participants, in both
The Theory of Moral Sentiments and in the
Wealth of Nations the metaphor refers to
the design of the Supreme Creator who arranged the connecting principles such that
the actions of all those seeking their own advantage could produce the most efficient allocation of resources, and thus the greatest
possible wealth for the nation. This is indeed
a benevolent designer (Evensky, 1993, p.
9).
It was not until the second half of the last century when attempts were made to present a
particular conception of Smiths vision of the
economy. This conception saw the economy
as a market system guided by the invisible
hand toward smooth functioning, coordinating autonomous individual choices in an
interdependent world (Evensky, 1993). Two
such attempts were the works of Arrow and
Debrau (1954) and Arrow and Hahn (1971)
that sought to show that a decentralised
economy motivated by self-interest would
allocate resources, such that it could be regarded, in a well-defined sense, as superior
to a large class of possible alternative dispositions (Arrow & Hahn, 1971, pp. vi-vii).
These attempts focused primarily on Smiths
idea of a decentralised market economy but
in the process it abstracted from much of
the well-spring of his thoughts represented
by the societal framework emphasising moral-ethical values envisioned in The Theory of
Moral Sentiments.
The work of Arrow-Debreu (1954) is fundamentally about optimal risk sharing in a
decentralised market economy. It addresses
the question of how best to allocate risk in
an economy. The answer is that risk should
be allocated to those who can best bear it.
It appears that Arrow-Debreu took for granted the existence of such institutions as property rights, contracts, trust, rule of law, and
moral-ethical values. Two key assumptions of
this work were complete contracts and complete markets. By the former it was meant
that it was possible to design contracts such
that all contingencies were covered. The latter assumption meant that there was a market for every conceivable risk. Crucially, all
future payoffs were contingent on specific
outcomes. Arrow-Debreu model did not include fixed, predetermined rates of interest
as payoffs to debt contracts.
Subsequently, Arrow made it clear that the
process of exchange requires or at least is
greatly facilitated by the presence of several
... virtues (not only truth, but also trust, loyalty and justice in future dealings) ... (Arrow, 1971, pp. 345-346). For example, if the
institution of trust is strong in an economy,
the universe of complete contracts can be
replicated by simple contracts entered into
by parties stipulating that terms and conditions of the contracts would be revised as
contingencies arise.
Arrow himself was to place emphasis on
trust as the lubricant of the economy (Arrow,
1974). Despite Arrows attention to some important elements of the institutional structure that were integral to Smiths vision of
an economy, such as its value system, the
economics profession developed its own vision of that economy focusing primarily on
2011 August Global Islamic Finance
49
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Islamic Finance
Dr. Abbas Mirakhor, born in Tehran, Islamic Republic of Iran, attended Kansas State University, where he received his Ph.D. in economics in 1969. From 1969 to 1984, he taught in various universities in the US and Iran. From 1984 until 1990, he served on the staff of the
IMF, and from 1990 to 2008, he served as the Executive Director at the IMF. Currently, he is The First Holder of International Centre For
Education in Islamic Finance (INCEIF) Chair of Islamic Finance. He has received several awards including Order of Companion of Volta for
service to Ghana, conferred by the President of Ghana in 2005; Islamic Development Bank Annual Price for Research in Islamic Economics, shared with Mohsin Khan in 2003; and Quaid-e-Azam star for service to Pakistan conferred by the President of Pakistan in 1997. Dr.
Mirakhor is the co-author of essays on Iqtisad: Islamic Approach to Economic Problems (1989), Theoretical Studies in Islamic Banking and
Finance (1987), Introduction to Islamic Finance: Theory and Practice (2007), New Issues in Islamic Finance and Economics: Progress and
Challenges (2009) and Globalization and Islamic Finance: Convergence, Prospects, and Challenges.
August 2011
and/or Arrow-Hahn. Furthermore, had actual finance developed along the trajectory
discernible from these works, i.e., steps
taken toward completion of markets and of
contracts, keeping in mind the overall institutional framework for the economy as envisioned by Adam Smith, the result might have
been emergence of conventional finance different from the contemporary system. That
system would instead be dominated by contingent, equity, risk-sharing financial instruments.
Perhaps the most influential factor in derailing that trajectory is the existence and the
staying power of a fixed, predetermined rate
of interest for which there has never been
a rigorous theoretical explanation. All, so
called, theories of interest from the classical
economists to contemporary finance theories explain interest rate as the price that
brings demand for and supply of finance into
equilibrium. This clearly implies that interest
rates emerge only after demand and supply
forces have interacted in the market and not
ex ante prices. In fact, in some theoretical
models there is no room for a fixed, ex ante
predetermined rate of interest. For example,
introducing such a price into the Walras or
Arrow-Debreu-Hahn models of general equilibrium (GE) leads to the collapse of the
models as they become over-determined.
Even though no satisfactory theory of a positive, ex ante fixed rate of interest exists, all
financial theory development post ArrowDebreu-Hahn assumed its existence in the
form of a risk-free asset, usually Treasury
Bills, as a benchmark against which the
rates of return of all other assets, importantly equity returns, were measured. These
include theories such as the Capital Asset
Pricing Model (CAPM), Modern Portfolio
Theory (MPT); and the Black-Scholes option pricing formula for valuing options contracts and assessing risk. For all practical
purposes, the assumption of a risk-free rate
introduced an artificial floor into the pricing
structure of the real sector of the economy,
and into all financial decisions. It can be
argued that it is the existence of this exogenously imposed rate on the economy that
transformed Arrow-Debreu vision of a risksharing economy and finance. The resulting
Islamic Finance
gif
The work of Arrow-Debreu (1954) is fundamentally about optimal risk sharing in a decentralised market economy. It addresses the
question of how best to allocate risk in an economy. The
answer is that risk should be allocated to those who can
best bear it.
Debreu, prices prevailing in the market contained all relevant information such that
there would be no opportunity for arbitrage.
Hence, the Arrow-Debreu vision of an
economy in which risk was shared was first
transformed into an economy in which the
focus became risk transfer but which quickly
transformed into one in which risks were
shifted, ultimately, to tax payers (Mirakhor &
Krichene, 2009).
An Ideal Islamic Finance System
The ideal Islamic finance points to a fullspectrum menu of instruments serving a
financial sector imbedded in an Islamic
economy in which the institutional scaffolding (rules of behaviour as prescribed by
Allah swt and operationalised by the Noble
Messenger, including rules of market behaviour prescribed by Islam) is fully operational
(Chapra, 2000; Iqbal & Mirakhor, 2007).
The essential function of that spectrum
would be spreading and allocating risk
among market participants rather than allowing it to concentrate among the borrowing class. Islam proposes three sets of risksharing instruments:
51
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Islamic Finance
August 2011
Edib Smolo is a researcher and Coordinator of the Islamic Capital Market Unit, International
Shariah Research Academy (ISRA) for Islamic Finance. He is also a Ph.D. candidate at
the International Centre for Education in Islamic Finance (INCEIF), the Global University of
Islamic Finance, Malaysia. Mr. Smolo received his double degree, Bachelor of Economics
(Honours) and Bachelor of Islamic Revealed Knowledge and Heritage (Honours), as well as
Master of Economics from International Islamic University Malaysia (IIUM), Malaysia. He
also holds a Certificate for Professional Specialization in Political Management from Bulgarian School of Politics, jointly organized by the New Bulgarian University and the Council of
Europe.
Without effort at developing long-term investment instruments with appropriate riskreturn characteristics, there is a danger of
emergence of path-dependency where the
market will continue to see more albeit in
greater variety of the same. That is more
short-term, liquid and safe instruments.
This is what led to the explosion of derivatives which played an influential role in the
recent global financial disaster. Similar development could be awaiting Islamic finance
if the ingenuity of financial engineers and
the creative imagination of Shariah scholars continue to serve the demand-driven appetite for liquid, low risk, and short-term instruments. In that case, the configuration of
Islamic finance would have failed to achieve
the hopes and aspirations evoked by the potential of the ideal Islamic financial system.
Epistemology of an Ideal Islamic Finance
System
Islamic Finance
by which, those who are able to, mitigate
uncertainty by sharing the risks they face by
engaging in economic activities with fellow
human beings through exchange. Sharing allows risk to be spread and thus lowered for
individual participants. However, if a person
is unable to use any of the market means
of risk sharing because of poverty, Allah swt
has ordered a solution here as well: the rich
are commanded to share the risks of the life
of the poor by redeeming their rights derived
from the Islamic principles of property rights.
Islams laws of inheritance provide further
mechanism of risk sharing.
It is important to note a nuanced difference
between risk taking and risk sharing. The
former is an antecedent of the latter. The decision to take risk to produce a product precedes the decision on what to do with the
risk in financing the project. The decision to
share the risk in financing does not increase
the risks of the project but reduces the risks
for individuals involved in financing it as it is
spread over larger number of participants. It
is also to be noted that the Islamic contract
modes that have reached us are all bilateral
real sector contracts. What the contemporary IFI has accomplished is to:
1. Multilateral the bilateral contracts as
the latter move from the real sector to the
finance sector, and
2. Employ instruments of risk transfer available in the conventional finance but made
them Shariah-compatible.
gif
Arrow, K. J. (1971). Essays in the Theory of Risk-Bearing. Chicago: Markham Publishing Company.
Arrow, K. J. (1974). The Limits of Organizations. New York: Norton.
Arrow, K. J., & Debreu, G. (1954). The Existence of an Equilibrium for a Competitive Economy. Econometrica 22(3), 265-290.
Arrow, K. J., & Hahn, F. (1971). General Competitive Analysis. San Francisco: Holder Day.
Bartholomeu, D. J. (2008). God, Chance and Purpose: Can God Have It Both Ways? Cambridge: Cambridge University Press.
Chapra, M. U. (2000). The Future of Economics: An Islamic Perspective. Leicester: The Islamic Foundation.
Evensky, J. (1987). The Two Voices of Adam Smith. History of Political Economy, 19(3), 447-468.
Evensky, J. (1993). Ethics and the invisible hand. Journal of Economic Perspectives, 7(2), 197-205.
Iqbal, Z., & Mirakhor, A. (2007). An Introduction to Islamic Finance: Theory and Practice. Singapore: John Willey & Sons (Asia).
Jensen, M. C., & Meckling, W. H. (1976). Theory of the Firm: Managerial Behavior, Agency Costs and Ownership Structure. Journal of Financial Economics, 3(4), 305-360.
Mirakhor, A. (2009). Islamic Economics and Finance: An Institutional Perspective. [Keynote Address II]. IIUM Journal of Economics and Management,
17(1), 31-72.
Mirakhor, A., & Askari, H. (2010). Islam and the Path to Human and Economic Development. New York: Palgrave Macmillan.
Mirakhor, A., & Hamid, I. S. (2009). Islam and Development: The Institutional Framework. New York: Global Scholarly Publications.
Mirakhor, A., & Krichene, N. (2009). The Recent Crisis: Lessons for Islamic Finance. IFSB 2nd Public Lecture on Financial Policy and Stability, Kuala
Lumpur: Islamic Financial Services Board (IFSB).
Mirakhor, A., & Zaidi, I. (2007). Profit-and-Loss Sharing Contracts in Islamic Finance. In M. K. Hassan & M. K. Lewis (Eds.), Handbook of Islamic Banking (pp. 49-63). Cheltenham, UK: Edward Elgar Publishing Ltd.
Sen, A. K. (1977). Rational Fools: A Critique of the Behavioral Foundations of Economic. Philosophy and Public Affairs, 6(4), 317-344.
Sen, A. K. (1987). On Ethics and Economics. Oxford: Blackwell.
Smith, A. (1976). An Inquiry into the Nature and Causes of the Wealth of Nations (1776/1976). Edited in two volumes by W.B. Todd. See vol. 2 of the
Glasgow Edition of the Works and Correspondence of Adam Smith. Oxford: Clarendon Press.
Smith, A. (2006). The Theory of Moral Sentiments (Dover Philosophical Classics). Mineola, New York: Dover Publications.
Walsh, V. (2000). Smith after Sen. Review of Political Economy, 12(1), 5-25.
53
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Market Review
We are not supported by the government or by the legislators. The regulators and the government today for different reasons are almost ignoring this phenomenon.
August 2011
The Russian tax code and legislation in general create obstacles for Islamic finance,
Djabiev said. We are not supported by the
government or by the legislators. The regulators and the government today for different
reasons are almost ignoring this phenomenon.
gif
Abstract: In this edition of the marketing and branding series, Global Islamic Finance Magazine is going to show you the key
ways to unleash the power of internal marketing in your Islamic financial institution. Effective internal marketing can help
to spur growth in your business and also aid in further promoting the growing Islamic financial and banking industry. Global
Islamic Finance Magazine will discuss the various different ways that internal marketing can be implemented in your Islamic
financial institution. This article will give you a thorough insight into the internal marketing industry and would be beneficial
to professionals, students and anyone wishing to know the key to unleashing the power of marketing. We will be discussing
marketing in the consensus of Shariah compliancy adhering to the principles of Islam in order to ensure that all promotion of
the institution is done in a Halal way. This is an important part of marketing in the Islamic finance and banking industry. Many
Islamic financial hubs across the world have been successful due to effective and strategically planned internal marketing
processes which have helped to aid their development in the Islamic finance and banking sector. This article aims to explain
the various ways development of internal marketing can be facilitated in your company or institution to ensure success and
further spur the Islamic finance and banking industry which is expected to reach to over $2 trillion dollars by the year 2012. So
if you want to know the key to success in internal marketing then this article is for you.
Keywords: Internal Marketing, Islamic Branding, Islamic Financial Institutions, Islamic Banks, Promoting Islamic Finance, Process, Strategies, Media, Imagery
2011 August Global Islamic Finance
55
August 2011
Islamic
Finance
Figure 2:
Develop internal marketing strategies
within your department
When a company is considering imploring internal marketing strategies it needs to closely look at the ways in which performance of
their company can be improved in order to
ensure sustainable growth of their products
and services. It is imperative that companies, businesses and Islamic financial institutions place importance in assessing their
effectiveness of their marketing strategies.
gif
We are a bespoke finance and banking branding practice, able to offer expert practical advice on building brands which will
appeal to both Muslim and non- Muslim consumers globally. We have years of experience in promoting Islamic banks, institutions, and developers from organising of events and road shows to advanced branding strategy. Business Media Group (BMG)
will assign you your own corporate brand management team, who will work tirelessly to make sure that you receive the best
possible results on your investment.
Our specialisation includes marketing & branding services for:
gif
August 2011
their utmost best to actively engage consumers in order to attract a wider customer
base and generate a broad and stable revenue stream.
Islamic banking institutions are increasingly adopting a consumer-centric strategy,
with an aim of tapping into the increased
potential of the market. The Islamic finance
industry is at its peak indulging in lucrative
investments which are all tailored to attract
the consumer.
Educating customers about Islamic finance
is imperative to ensure that the Islamic financial institution understands their needs
and delivers products and solutions that are
innovative and adhere to Shariah principles.
It has also been the aim of many Shariah
compliant financial institutions to offer costeffective, solutions in order to develop the
sector more fully and enlarge their share especially in the Islamic retail banking sector.
Internal marketing is totally customer focused to ensure excellent standards are met and provisions are made which will
hope to spur success within the company threshold and beyond. Especially in the Islamic retail banking sector, banks are
increasingly aware that customers are the inspiration of the industry.
Islamic banks therefore try their utmost best to actively engage consumers in order to attract a wider customer base and generate a broad and
stable revenue stream
Players across the conventional sphere are
moving away from product selling to solutions based on customer needs, and Islamic
banks are doing this too, says Wasim Saifi,
the global head of Islamic banking for the
consumer banking division of Standard
Chartered Bank. We take the same approach as on the conventional banking side.
We encourage staff to engage customers
in need-based conversation rather than engage in product pushing - thats the need of
the day. (Islamic Finance Asia)
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The question remains as to how Islamic financial institutions and banks can further
adopt methods to target the customer/
consumer base. The answer lies in the fact
that internal marketing strategies focused
on customer needs can solve the question.
There are various methods of focusing on
customers needs as described by Amman
Mohammed the managing director of Absa
Islamic Bank in South Africa.
Mr Mohammed says in regards to achieving customer satisfaction from marketing that, To educate via a customer focus
group where we invite people from a certain
area to congregate, and invite international
Shariah scholars and members of our Shariah board to interact with them and answer
questions. He further went on to say that
One of the challenges we face is creating
enough awareness amongst Muslim and
non-Muslim customers, potential customers
and bank staff (Islamic Finance Asia).
2011 August Global Islamic Finance
59
gif
Source: Wickepedia
60 Global Islamic Finance
August 2011
ensure that if you are in a managerial position the ethos of internal marketing which
to promote equality and designate tasks of
responsibility in your work force is done in
a way which does not treat your employees
like tools. You have to give your employees
the freedom to express their creativity, making the decisions and advising accordingly
on matters that would benefit the company
overall.
How can internal marketing help me to
overcome constraints and challenges?
There are many ways in which internal marketing can help your company or business
to overcome constraints and challenges of
the growing Islamic financial market and attract key consumers into your league. Firstly
internal marketing provides your business
with the framework to review expenditure
and data effectively.
This tackles the problem of assess to readily available data. If you dedicate a business
unit to deal with expenditure of marketing
Islamic financial services then your team
will be responsible for all entries of profits,
losses, investments, marketing expenses
and so forth.
The managing director or CEO will therefore
have a little flexibility in having the reassurance of assess to data when needed and
reviewing their expenses accordingly to plan
marketing campaigns for the present and
future. If you know exactly how much a campaign will cost, how much tools you will need
and the overall costs then you are more likely
not to go over budget and you can even save
money. Therefore internal marketing can
make this a realistic proposition for dealing
with expenses of the marketing essence.
The training and education of staff in the
Islamic Finance and banking arena can further help to give them a clear understanding
of the concepts and principles of Shariah
compliant financing. This will provide the
employee and the customer with a basis of
an easy relationship to communicate and
foresee their customers needs effectively.
Understanding Shariah compliant financing
is key in achieving success in your marketing
strategies as if you do market your product
in a Non Shariah compliant manner you are
more likely to lose consumers at the first instance or potentially put them off.
You cannot risk this happening and therefore it is important to invest a little time and
These positive changes range from motivating employees to one marketing target, giving and sharing responsibilities of tasks and
creating an overview of expenditure for your
successful marketing campaign.
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61
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Sukuk
ANALYSIS
Abstract: The success of the sukuk markets growth rate in the past few years has brought along
itself many scrutinising questions over its authenticity with Islamic law, all over the Middle eastern
countries. In Part one of The Analysis of Sale/Debt based Sukuk: The Malaysian Saga, we expalined
the meaning of sale/debt based sukuk by detaching it from its stigmas and understanding it in
its true light. Also GIF discussed, in detail, the acceptance of Sukuk in Malaysia and their version
of sukuk with its legal codes and conducts, to keep sukuk controversy free. In the second part of
the article, Global Islamic Finance Magazine will be looking closely into the depth of the issues
surrounding Sale/Debt based sukuk, to be able to understand the contention better and therefore
have an analytical point of view over its legitimacy.
Keywords: Sukuk, Sale/Debt based sukuk, Malaysian Islamic Finance, Malaysian sukuk Practice.
August 2011
Sukuk
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63
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Sukuk
Case Study
2. This type of sale is permissible with condition by some Shafie and Maliki scholars.
The Maliki School imposed eight conditions
to permit this type of sale which are as follows:
Issuer (SSPV)
2. Primary Subscribers Purchase
asset at Purchase
Price (APAs)
3. Payment of
proceed
4. Sell asset at
Sale Price, deferred (ASAs)
Primary Subscribers
Figure.6.10: Sweetwater Spv Sdn Bhd (BBA Sukuk Issuance)
64 Global Islamic Finance
August 2011
Sukuk
gif
buyer and seller, which can create difficulties to the madin (debtor).
There should be no enmity between
buyer and seller, which can create difficulties to the madin (debtor).
The summary of the evidences that they provided is that the sale of debt contains some
kind of gharar or uncertainty which may create conflict between the contractors, therefore, these types of conditions should be
fulfilled to avoid gharar and other prohibited
elements like riba and others.
The majority of the scholars around the world and particularly the jurists from the Middle East opposed to the permissibility of bai al-dayn or trading of debt. The main ground
for its impermissibility as argued by opponent is due to the elements of
gharar and riba. Whereas the proponents claimed that in the context of
modern practice of bai al-dayn in the capital market, these two major
prohibitions in Islamic financial laws could be eliminated
3. The majority of scholars at the Hanafi
School of jurisprudence and some Hanbali
and Shafie scholars and Ibn Hazm did not
permit selling debt to the third party with
cash price at all. The arguments supporting
their opinions are the followings:
In the same line of argument, Koutoub Mustafa had listed more evidences supporting
the view of this group which are summarised
in the following:
65
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Sukuk
August 2011
This means the transaction will have to adhere to the rule of parity and it must be carried out on the spot. If the receivables are in
the forms of non-ribawi goods, it is considered as a non-monetary financial right and
the rules in the exchange of money or ribawi
items will not apply currency exchange and
THE SAC RESOLUTION
The SAC, at its 5th meeting on 29 January
1997, passed a resolution that bai` inah
is a principle that is permissible in the Islamic capital market in Malaysia.
son that a loan for interest is forbidden because it is equivalent to usury (riba). In this
contract, there is an economic interest for
both the borrower and the lender, which at
the same time circumvents the prohibition
of usury.
The issue which concerns us here is how
Islamic law views such contract: The majority was of the opinion that bai`al inah was
not permissible because it was the zariah
(way) or hilah (legal excuse) to legitimise riba
(usury). The majority of the jurists rejected
the validity of Bai al Inah and considered it
as a back door riba or using sales which at
the end resulted in riba. Abdullah Ibn Umar
reported that the prophet said:
When men become frugal with money (gold
and silver) and trade on the basis of Inah
and (when they) follow the tails of the cows
and leave jihad in the path of Allah, Allah will
send down a trial that he would not remove
until they revert to their religion.
On the other hand, the Shafies and Zahiris
approved the legality of Inah sales on the basis of the completion of all requirements of
sales, irrespective of the intention of the parties. Imam Shafie said in his book al Umm:
When one purchases a commodity from
another and takes its delivery and the price
happens to be on deferred terms, it is not
objectionable for him to sell it to the person
from whom he had purchased it or to someone else, for a cash price or on credit or
against another commodity. The hadith relied by the majority was considered as weak
hadith for this group of jurists.
Another important hadith on bai al-inah is
a famous narration from Aishah whereby 2
women came to her and asked: O mother
of believers, I sold a slave to Zayd ibn Arqam
for eight hundred silver coins deferred until receipt of the grant, and I purchased him
again for six hundred cash.
Aishah replied: It was an evil purchase that
you did and an evil sale, convey to Zayd that
his jihad in the company of the Messanger
of Allah is annulled, unless if he repents.
Imam al Shafei was of the opinion that the
issue is one in which 2 companions (Aishah
and Zayd Ibn Arqam) have different opinions
pertaining to the validity of the contract.
When the companions have conflicting opinions, according to Shafei the matter must
be resorted to qiyas, which is in favor of the
position taken by Zayd. This is because a
person is free to sell his asset to anybody he
wishes. By applying qiyas, he may also sell
it to the person from whom he bought the
same asset. Another qiyas applicable here is
if the person who bought a property may sell
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Sukuk
The basis for the opinion of the majority of the Islamic jurists was the
hadith dialogue between Aishah and
the slave Zaid bin al-Arqam which
showed the prohibition of bai` `inah.
They also held to the hadith of the
Prophet (p.b.u.h) in which he warned
that those who practiced bai` inah
would suffer scorn.
From the above discussion on this issue, the
following conclusion can be drawn.
1. It is obvious that Bai al-inah is a legal device in order to overcome the prohibition of
riba, (no person would affect such sale if he
cannot realize profit), and is not deemed to
be an act of sale, as there is clear evidence
that such act amounts, in effect, to a contract of loan. Thus, it is forbidden as it is
based on unjustified enrichment or receiving a monetary advantage without giving a
counter value (Saiful & Sanusi 1999).
2. Al-Shafiis recognition of the validity (sahih) of Bai al-inah not based on interpretation of any authentic Islamic authority and
is ones own view. However, according to
other schools the prohibition of such sale
was based on the consensus of the jurists
(Ijma al-ulama) on the authority of Islamic
law sources. As Ibn Qayyim prohibited Bai alinah quoting the following Hadith that Allahs
messenger says: A time is certainty coming
to mankind when they legalise the Riba under the name of Bai (trade concerning that
intending usury by words of a sale).
3. There is hardly any satisfactory evidence
which enables one to say that al Shafii has
expressly declared that al-Inah to be (Ha
68 Global Islamic Finance
August 2011
Sukuk
be owned in such a way that the owner should have a full and real
procession of them. In other words he should be the real owner and
not a beneficial one meaning he should have full control over it so
that he can run the risk of any loss or gain or even damage to it. The
owner should be able to practice his/her free will over the assets
meaning he can do whatever he wants and use it the way he likes
but within the ambit of Shariah.
Beneficial ownership as is the case in a number of these sukuk contradicts all of these basic Shariah requirements and hence it violates
and invalidates the whole Islamic concept of Sale. The whole transaction will be invalid and hence contradictory to Shariah which is the
most severe consequence to a so called Islamic transaction.
It means in such transaction the real ownership of the assets has
never been transferred at any point be it to the issuer from the real
owner or to the investors when it is further sold to the investors in
an extensive approach and then re-sold back to the issuer using AlInah as mentioned previously.
Thus it is very clear that although it is a sale transaction and the
assets are sold, they are just used rather fictitiously to raise fund
under the Islamic banner but in an un-Islamic way through financial
artifice or Hilah (legal stratagem). The question is that how can you
call this practice Islamic, how can one term it an Islamic Sukuk or
even Islamic finance for that matter?
3. The issue here relates to the presence of collateral and often guarantee by a third which has not even been found independent of the
sukuk issuing party particularly when the issuance is not a sovereign
one as has been the case in most of the sale based sukuk issuance
in Malaysia. This issue can be seen in all the credit enhancement
clauses given in the term sheets of majority of these sukuk. Before
we explore any further, very briefly we understand what credit enhancement is in sukuk?
This sort of Sukuk receives an irrevocable third-party guarantee,
usually by a parent or original owner of the underlying collateral. The
guarantor provides Shariah compliant shortfall amounts in case the
issuing vehicle (usually a special purpose vehicle or SPV) cannot
make payment. The ratings on this type of Sukuk largely depend on
the creditworthiness of the guarantor or entity providing the credit
enhancement mechanisms and other financial obligations of the
guarantor.
When it comes to the act of Guarantee, Shariah has some basic
rulings. It says very clearly that guaranteeing is a voluntary act and
should not be a conditional one; it can be performed in form of a gift
or donation also, hence the guarantor should not ask for any fee or
compensation in any way for such guarantee as it will violate the very
concept of a voluntary act. Therefore it must and cannot be stated in
contract either implicitly or explicitly as a pre-condition or even after
the contract has been concluded.
In other words the conclusion of a sale contract as in here should
not be based or concluded on a decision of offering such a guarantee. The contract should be abrogated as a result of the absence of
such voluntary offer of guarantee has been made conditional of the
contract.
The practitioners as is the case in these sukuk should abstain from
making such conditional guaranteeing recur, for its recurrence would
mean that it has become an established custom, which would have
the force of a condition according to the general Shariah rule. Nevertheless there is no harm in such guarantees being offered as a pure
gift or donation meaning that they are voluntarily done. Shariah also
further ordains that such guarantees alongside being done volun-
gif
Case Study
Third party
Issuer (OXBRIDGE)
2. Investors
Purchase asset
at Purchase
Price (APAs)
3. Payment of
proceed
4. Issue MUNIF/
4. Sell asset at
IMTNs to evidence
Sale Price, deferred (ASAs) obligation to pay sale
price.
INVESTORS
Figure.6.9: Oxbridge Height Sdn Berhad Murabaha MUNIF/IMTN
2011 August Global Islamic Finance
69
gif
Sukuk
the Shariah Council AAOIFI resolved that ujrah on kafalah/dhaman is not permissible.
However, the guarantor may claim for actual
expenses incurred on the guarantee.
4. The issue of whether the proceeds, which
has been raised from the sukuk issuance,
have been used in a Shariah complaint or a
Shariah contradictory way. In the case study
of TESCO MALAYSIA MURABAHA NOTES (as
published in Part one of the Article), it is evident from its term sheets that a significant
portion of the proceeds raised from the issuance has been used to refinance existing
external debt (up to RM410 million).
Another example of such a case is in the murabaha sukuk deal of Bumiputra-Commerce
Holdings Berhad (BCHB) where again a part
of the proceeds raised were used to settle
the already existing borrowings of the issuer.
The question is how valid is it to raise another debt to settle the previously existing one?
Were the investors aware of such usage of
proceeds beforehand? Is it not a financial
artifice to raise fund to settle pervious debt
by not letting the investors know? It seems a
clear case of legal stratagem to raise money
in a so called Shariah complaint manner
which it seems not to be.
The sukuk issued by the International Finance Center and the World Bank based on
BBA deal also rings the bell with such issue,
where the proceeds raised from BaIDS were
just used for general operations of International Finance Corporation (IFC).
The challenge to Shariah is that IFC and neither the World Bank has an Islamic portfolio,
so for which general operations were the
proceeds applied? The point to stress here
is that not only raising the proceeds should
Issues
Description
Issues
Bai al-Dayn
Analysis on the legal position of the SPV from Shariah perspective, independence of SPV from the originator.
Credit enhancement for the sukuk whether in Shariah compliant manner, guarantee of third party with fees.
Bai al-Inah
August 2011
Description
Sukuk
Asset ownership, in this instance, would strengthen the investors rights on the underlying asset(s)
in the event of default or liquidation. However, in
the Malaysian Sale/Debt based sukuk the issuer
customarily declares a trust over the assets in
favor of the sukuk holders, with the latter having
beneficial ownership of the underlying asset(s).
Legal ownership, however, remains with the original asset owner as has been made clear earlier.
The intent of the issuer in this instance is to have
an unsecured funding source.
However, the event of default clauses in nearly
all the sukuk deals studied add further to the
gravity of the controversy when/where it clearly
also states that if the issuer even defaults on any
other of his obligation which may have no direct
or indirect link to the concerned deal will also
render the issuer as similar to defaulting in the
sukuk deal. The exact wordings of the clauses in
a condensed form are as follows:
The legal documentation governing the transaction firmly renders the sukuk a financial obligation, listing the sukuk holders as creditors (as
opposed to owners or equity holders) and ranking them pari passu with conventional creditors
(within the same class of creditors).
No wonder the investors are provided with even
a Recourse Clause in the deal where the investors are provided a full recourse and in some
deals partial if the issuer defaults as per the
above Events of Default clauses.
The Table 6.2 depicts in a summarised form all
the Primary and Secondary Issues that our study
has raised after researching through more than
300 of such sukuk deals. By understanding the
origins of the practices that give birth to Shariah
issues involving sukuk, the nature of Islamic
bonds issued in Malaysia can be very transparently understood and its heavy structuring also
becomes understandable.
All of the great criticism that Malaysia bore due
to its strict structure involving sale/debt based
sukuk has been vain and it has been able to
prove the criticism wrong by becoming a leader
in the global islamic finance sector, which in its
effect shows that sukuk in itself is not questionable, it is how it is structured and practiced is
what makes it abiding by the Islamic law. gif
gif
Wahbah Al-Zuhaili, Al-Fiqh al-Islami wa Adillatuhu, Dar al-Fikr, Damascus, 1989, vol. 4,
p. 432.
Usmani, Taqi. What Shariah Experts Say about Bai al-Dayn, Dealings in Shares. International journal of Islamic financial Services, Vol. 1, No2.
Securities Commission Malaysia, Resolutions of the Securities Commission Shariah Advisory Council, (Kuala Lumpur, 2nd edition, 2007) p. 16.
Al-Nawawi, Yahya Ibn Sharaf, Rawdat al-Talibin wa Amdat al-Muftin, (Beirut: al-Makhtab
al-Islami, 1985) vol. 3, p. 514; Ibn Taymiyyah, Majmuwatu Fatwa, vol. 29, p. 506; Ibn
al-Qayyam, Mohammad Bin Abi Bakr, Ilamu al-Muqiwin an Rabb al-Alamin, (Cairo: Daru
al-Hadith, 1st edition, 1993) vol. 4, p. 5.
Amin, Hanudin, An Analysis Of The Classical And Contemporary Juristic Opinions On Bay
Al- Dayn, Labuan e-Journal of Muamalat and Society, Vol. 1, 2007, pp. 29-40.
Al-Nawawi, Rawdat al-Talibin wa Amdat al-Muftin, vol. 3, p. 516; Al-Hattab, Mohammad
Bin Abdu al-Rahman, Mawahib al-Jalil Sharh Mukhtasar al-Khalil, (Beirut: Daru al-Fikr,
1978) vol. 4, p. 368.
See: Al-Hattab, Mohammad Bin Abdu al-Rahman, Mawahib al-Jalil Sharh Mukhtasar alKhalil, (Beirut: Daru al-Fikr, 1978) vol. 4, p. 368; Translated version of these conditions are
adopted from: Securities Commission Malaysia, Resolutions of the Securities Commission
Shariah Advisory Council, (Kuala Lumpur, 2nd edition, 2007) p. 17-18.
These conditions are adopted from: Amin, Hanudin, An Analysis of The Classical and Contemporary Juristic Opinions on Bay Al- Dayn, Labuan e-Journal of Muamalat and Society,
Vol. 1, 2007, pp. 29-40.
Al-Sharkhasi, Samsuddin, al-Mabsut, (Beirut: Dar al-Marifah, 1986) vol. 5, p. 141; alKasani, Badawe wa al-Sanawe fi Tartib al-Sarawe, vol. 5, p. 148; al-Suyuti, Zalalu al-Din
Abdu al-Rahman, al-Ashbah wa al-Nazair, (Beirut: Dar al-Kutub al-Ilmiyyah, 1983) p. 331;
Al-Sharbini, Mohammad al-Khatib, Mughni al-Mahtaj, (Beirut: Daru al-Fikr, without date)
vol. 2, p. 466-467; Ibn Hajm, al-Muhalla, vol. 9, p. 6.
Al-Sharkhasi, al-Mabsut, vol. 12, p. 71.
Koutoub Mustafa, The sale of Debt as Implemented by the Islamic Financial Institutions
in Malaysia, p. 49.
Sunan al-Tirmidi, Hadith no. 1153.
Sunan Ibn Majah, Hadith no. 2178.
Sunan al-Tirmidi, Hadith no. 115
Securities Commission Malaysia, Resolutions of the Securities Commission Shariah Advisory Council, (Kuala Lumpur, 2nd edition, 2007) p. 19.Ibid.
Engku Rabiah Adawiah Engku Ali, Issues in Islamic Debt Securitisation, in Mohd Daud
Bakar and Engku Rabiah, Essential Readings in Islamic Finance, Kuala Lumpur: Cert Publication Sdn Bhd, 2008, pp 482-484
Ibnu `Abidin, Hasyiah Rad al-Mukhtar, Dar al-Fikr, Beirut, 1992, vol. 5, pp. 273, 325.
Al-Syaukani, Nail al-Authar, Dar al-Fikr, Beirut, 1994, vol. 5, p. 294. Al-Sanani, Subul alSalam, Dar al-Kitab al-Arabi, Beirut, 1987, vol. 3, pp. 7677. Yusuf al-Qaradhawi, Bai` alMurabahah li al-Amir bi al-Syira, Maktabah Wahbah, Cairo, 1987, p. 64. Al-Zuhaili, Al-Fiqh
al-Islami, vol. 4, pp. 466467.
Ibnu `Abidin, Hasyiah Rad al-Mukhtar, vol. 5, pp. 273 & 325. Al-Syaukani, Nail al-Authar,
vol. 5, p. 294.
Al-Sanani, Subul al-Salam, vol. 3, pp. 7677. Yusuf al-Qaradhawi, Bai` al-Murabahah, p.
64. Al-Zuhaili,Al-Fiqh al-Islami, vol. 4, pp. 466467.
The Hanafi, Maliki and Hanbali Mazhab.
Narrated by Darulqutni and Baihaqy
Ibn Qayyim al-Jawziyya-Iclam al-muwaqqicin, vol. 3, pp 98-99; and see for example the
saying of the Prophet (saw) deeds are judged according to intentions and every human
being will have to take responsibility for what he intended Sahih al-Bukhari.
Ibnu `Abidin, Hasyiah Rad al-Mukhtar, vol. 5, pp. 273 & 325. Al-Shaukani, Nailul Authar,
vol. 5, p. 294.
Al-Sanani, Subul al-Salam, vol. 3, pp. 7677. Yusuf al-Qaradhawi, Bai` al-Murabahah, p.
64. Al-Zuhaili,
Al-San`ani, Subul al-Salam, vol. 3, pp. 7677, see also Al-Fiqh al-Islami, vol. 4, pp. 466
467.
Ighatha al-Lahfan, vol. 1, p.352.
Al-Qaradawi, Islam and Current Issues pp. 40-42
OIC, Majallah Majma` al-Fiqh al-Islami, no. 4, vol. 3, p. 1980). However, the OIC Fiqh
Academy, disagrees with the basis of third-party guarantees that are based on debt and
resolved that third-party guarantees have to be in the form of tabarru`. Otherwise, the
contract is deemed to be an interest-bearing debt which is not permissible.
Securities Commission, Guidelines on the Offering of Islamic Securities.
Al-Hattab, Mawahib al-Jalil, Beirut, Dar al-Fikr, 1992, vol. 5, pp. 111, 113.
Al-Zuhaili, Al-Fiqh al-Islami, vol. 5, p. 161.
OIC, Majallah Majma` al-Fiqh al-Islami, Jeddah, 1986, no. 2, vol. 2, pp. 11461147.
OIC, Majallah Majma` al-Fiqh al-Islami, no. 2, vol. 2, pp. 11341135.
OIC, Majallah Majma` al-Fiqh al-Islami, no. 2, vol. 2, pp. 12091210. AAOIFI, Al-Maayir
al-Syariyyah,
71
gif
Market Review
August 2011
Business News
Islamic Finance
info@lsibf.com
www.lsibf.com
gif
Market Review
Al-Assaf called for greater efforts for manpower development and achieving sustainable
economic progress in the member countries. The ministers call
is significant in the backdrop
of anti-government protests in
some Arab countries as a result
of unemployment, poverty and
political corruption.
Saudi Arabia is the largest contributor to
the IDB, holding 25 percent of its capital.
We have also contributed immensely to the
capital of other regional and international
development organisations. Moreover, we
have been at the forefront of donors providing emergency assistance to countries hit by
natural calamities, the minister said. Referring to IDBs annual report, Al-Assaf highlighted the assistance offered by the bank
to member countries to help them overcome
the global economic crisis.
The minister welcomed a joint IDB-World
Bank initiative to finance infrastructure
projects. He supported the program proposed by IDB President Ahmed Mohamed Ali
to transform the bank into a source of knowledge and efficiency to mobilise resources.
The opening session at Jeddah Hilton was
attended by more than 1,000 delegates
including ministers, businessmen, bankers
and economists. Abdul Karim Al-Arhabi,
74 Global Islamic Finance
August 2011
Saudi Arabias finance minister has reportedly urged Muslim countries to adopt suitable
economic reform programs and
adapt to the changing global
financial economic changes to
confront the challenges of facing them and building solutions.
We should also strengthen our
joint efforts to overcome development obstacles, Finance
Minister Ibrahim Al Assaf told
the annual conference of the
Jeddah-based Islamic Development Bank.
O u r
confused world is in
dire need for financial,
economic and social systems that are more balanced
and more responsive to
mans material, moral and
spiritual requirements
Market Review
gif
75
gif
Event Review
Author: Tajah Brown, Global Islamic Finance Magazine Editorial Team, United Kingdom
Event Review
gif
The International Takaful Summit 2011 commenced on the 12th and 13th of July located at Jumeirah Carlton Tower, London. The
theme mainstreaming and globalising takaful gave the panel speakers the opportunity
to voice a range of topics such as challenges
in making takaful the default option in Muslim countries and capital analysis of takaful
companies. Economies around the world are
showing signs of stability and growing enthusiasm for the niche and specialist insurance
markets. Takaful is predicted to become one
of the fastest growing sectors within the insurance industry.
The Takaful Summit aimed to discuss issues
such as the education and acceptance of
the consumer and the lack of experienced
human resources. The Summits goal was
to solve the problems between the takaful
and insurance industries. The Summits first
day included major players within the industry such as Ajmal Bhatty, president and CEO
from Tokio Marine Middle East, Dawood Taylor, senior regional executive from Takaful,
Middle East, prudential corporation Asia and
Chakib Abouzaid, CEO from Takaful Re Limited. The first speaker at the Summits second
day Dr Ludwig Stiftl, Head of Center of Competence Retakaful from Munich Reinsurance
Company gives his views about the Summit.
There is a message to convey, London is a
very focal point and the summit consisted of
all the scholars gathering and having dense
discussions, sharing fresh ideas and food for
thought.
Dr Stiftl gave his presentation about the reflections on long term Qard al Hassan in Takaful/
Retakaful. He says it doesnt depend what
you put in the fund it depends on the size of
the fund. The companies that sponsored
the Summit are Norton Rose, AON Benfield,
Dar Al Takaful and Hannover Re. Organiser
Mohaned Abdullah is very pleased with the
outcome of the Summit saying, the feedback
is fantastic with a collection of international
discussions about a sector that is more relevant in Non-Muslim and Muslim countries
He added Takaful is Shariah compliant but
its for everyone. The Summits second day
covered a range of topics such as getting
gif
Business News
Book
Review
Attracting the World of Small and Medium Enterprises
for Islamic Banking
Part of Article Collection, individual article 4.99/
Attracting the world of enterprises for Islamic banking services discusses the various options available for Small and Medium sized
enterprises (SMEs). It also ensures that all business professionals
and those SMEs wishing to tap into the market are familiarised
with the Shariah compliant principles and various methods of Islamic financing contracts. These contracts range from the successful and popular Ijarah
contract through to Istisna, Mudaraba, Musharaka, Salam and many others which will be
discussed comprehensively in this article.
Global Islamic Finance Magazine aims to establish the various ways SMEs can successfully attract the numerous benefits of Islamic financial options and contracts which provide an ethical alternative to conventional methods of financing.
August 2011
Event
gif
Event Calendar
September
October
SME Conference
Petrochem Arabia
November
December
Saudi Infrastructure
gif
Market Review
Gulf Banks are makThe lack of standardisation has hindered growth executive officer at Asian
ing significant efforts to
Bank, said in an
in the Islamic finance industry, which has around Finance
boost Arabian Gulf banks
interview. Weve been
$1tn of assets and is expanding by about 15% a year, ac- discussing with Malaysaying that they are more
ready to accept Asian
cording to the Kuala Lumpur-based Islamic Financial Serv- sian companies how to
Islamic debt as Shariahadvantage of the
ices Board. Scholars at the Auditing and Accounting Organ- take
compliant, allowing them
infrastructure projects
isation of Islamic Financial Institutions, a standard-setting in Qatar, he said on the
to invest in a market that
has issued twice as much
body based in Manama, are making efforts to develop glo- 4th of June. Theres
sukuk as the Middle East
abundant liquidity in the
bal rules for the industry
this year. Institutions from
Middle East for these
the two regions are workcompanies to tap. Malaying to overcome differsian firms would need to
ences over whether Southeast Asian notes
structure the sukuk and loans to meet the
comply with Islams ban on interest, accordShariah standards required by the scholars
ing to Albaraka Banking Group, Bahrains
in that region. The lack of standardisation
biggest publicly traded lender, and Asian Fihas hindered growth in the Islamic finance innance Bank, the Malaysian arm of Qatar Isdustry, which has around $1tn of assets and
lamic Bank. Last year, Saudi Arabias Al Rais expanding by about 15% a year, according
jhi Group helped Cagamas Bhd, Malaysias
to the Kuala Lumpur-based Islamic Financial
largest mortgage holder, structure a sukuk
Services Board. Scholars at the Auditing and
after Gulf investors balked at debt sold by
Accounting Organisation of Islamic Financial
the same issuer in 2009.
Institutions, a standard-setting body based
in Manama, are making efforts to develop
The co-operative approach is a change for
global rules for the industry.
investors from the Gulf who are seeking to
diversify their investments amid political upGlobal sales of sukuk reached $7.7bn so
heaval in the Middle East. It may also help
far this year, from $6.2bn in the same peMalaysia to raise more funds from oil-rich
riod in 2010, according to data compiled
nations to support a 10-year $444bn de- growth. Both Albaraka and QIB, the Gulf na- by Bloomberg. Offerings reached a record
velopment plan announced last year. Gulf tions largest Shariah-compliant lender, said $31bn in 2007. Shariah-compliant bonds
investors arent allergic to Asian sukuk any- this year they plan to acquire Islamic banks gained 5.4% this year, according to the
more, Malek Khodr Temsah, assistant vice in Indonesia. The Shariah gap between HSBC/Nasdaq Dubai US Dollar Sukuk Index.
president of treasury and investments at Al- Malaysia and the Middle East has started Debt in developing markets rose 4.4%, JPbaraka, said in an interview from Manama to narrow but there are still significant dif- Morgan Chase & Cos EMBI Global Diversion the 2nd of June.
ferences, Rohit Chawdhry, who helps man- fied Index shows.
age $350mn of assets at Bahrain Islamic
Middle East and Asian financial institutions Bank, the countrys second-largest Islamic Dubai Department of Finances 6.396%
have a better understanding of each others lender, said Im sure that within the next 6 note due November 2014 widened three baregulatory framework so we are more com- to 12 months the issues will be sorted out, sis points to 238, data compiled by Bloombfortable with exposure to Asian credits. he said. Its a general recognition from the erg show. The fundamental Shariah issues
Sales of sukuk from Asia have amounted Malaysians that they need to make some arent going to change, Jawad Ali, the Duto $5bn so far this year, more than double compromises if they want to attract Gulf in- bai-based global deputy head of the Islamic
the $2.2bn from the Gulf, according to data vestors, but there is also an understanding finance practice at King & Spalding, said on
compiled by Bloomberg.
that regional investors are starting to warm the 6th of June. Islamic finance fatwas, judgments of scholars based on their interpretaup to the norms in Malaysia.
Malaysia accounts for about 60% of the glotion of Shariah, from Malaysia arent generbal Islamic debt market. Issuance of ringgit- Qatar plans to spend $88bn on building ally accepted in the Middle East, he said.
denominated Islamic bonds increased 70% roads, hotels and other infrastructure beto 13.9bn ringgit ($4.6bn) this year, the data fore it hosts the soccer world cup in 2022, Gulf-based Islamic finance institutions
show. Malaysia and Indonesia plan to issue QNB assistant general manager Enrico penetrating the Malaysian market will no
sovereign global Islamic bonds in 2011. Al- Grino, who oversees project finance, said doubt help bridge the gap between the two
barakas Temsah said he bought Malaysian on the 16th of May. Malaysian companies Islamic finance centers, he said. Whether
government sukuk in the fourth quarter of seeking to win contracts in Qatar may need this understanding is going to lead to more
last year to diversify his holdings and take to raise funds in the Middle East, Mohamed harmonisation will depend on the particular
advantage of Southeast Asias economic Azahari Kamil, Kuala Lumpur-based chief product in question.
80 Global Islamic Finance
August 2011
Glossary
Business Directory
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Business Directory
Banks
European Islamic Investment Bank
Description: Bank of London and The Middle East plc (BLME) is a fully Shariaa
compliant wholesale bank in the heart of the City of London. BLME is managed
by a quality team bringing together a combination of highly experienced international financiers and leading experts in Islamic finance. The majority of our
Corporate Banking client base is located mainly in the UK, US and Europe.
(ABN AMRO Bank N.V. is an authorised agent of The Royal Bank of Scotland
plc.)
Contact person: Abbas Yousafzai - Head of Islamic Banking
Address: Khalid Bin Waleed Road, PO Box 2567, Dubai, UAE
Telephone: +971 4 506 2260
Fax: +971 4 506 2028
E-mail: Abbas.Yousafzai@rbs.com
Website: www.rbsbank.ae
Address:
P.O.Box 1080 Dubai
United Arab Emirates
Telephone: + 9714 2953000
Fax: +971 4 295 411
E-mail: contactus@alislami.co.ae
Website: www.alislami.ae/en/
Description: RBS within its Retail Banking Unit offers its clients competitive
Islamic Banking Solutions. They have one of the largest options for Islamic
Wealth Management Products and are also a distributor of the Takaful Product
developed by Aman (Dubai Islamic Insurance & Re-Insurance Company). They
are presently engaged in launching a full Retail Banking proposition with a
Shariah Based Credit Card and Liability Accounts in 2010.
Description: Dubai Islamic Bank has the unique distinction of being the worlds
first fully-fledged Islamic bank, a pioneering institution that has combined
the best of traditional Islamic values with the technology and innovation that
characterise the best of modern banking. Since its formation in 1975, Dubai
Islamic Bank has established itself as the undisputed leader in its field, setting
the standards for others to follow as the trend towards Islamic banking gathers
momentum in the Arab world and internationally.
Accountancy firms
Abbas Accounting
Address:
ABBAS ACCOUNTING
P.O.Box : 78142
Dubai, U.A.E
Telephone: +971 4 2820300
Fax: +971 4 2820322
E-mail: info@abbasaccounting.com
Website: www.abbasaccounting.com
Address:
Epico Safar Building
Liwa Street
Abu Dhabi
United Arab Emirates
Telephone: +97 1506226719
Fax: +971 26226088
E-mail: sumchart@eim.ae
Website: www.bakertillymkm.com
Address:
106, Al Nayali Building
Abuhail Road, P.O. Box: 32665
Dubai - United Arab Emirates
Telephone: +97142627147
Fax: +971 4 2627148
E-mail: dubai@hlbhamt.com
Website: www.hlbhamt.com/
Morison Menon
BDO International
Address:
204 Tower- A, Gulf Towers,
Oud Metha,
P. O. Box 55535, Dubai, UAE
Telephone: +971 4 33 66 990
Fax: +971 4 33 66 992
E-mail: dubai@morisonmenon.com
Website: www.morisonmenon.com/
Address:
BDO - London
55 Baker Street
London
W1U 7EU
Telephone: +44 207 486 5888
Fax: +44 0207 487 3686
E-mail: j.polin@bdo.co.uk
Website: www.bdo.uk.com/
August 2011
Description: We have a full range of accounts and audit services to meet your
business needs. A professional firm with regional focus and having global representation, HLB Hamt, Chartered Public Accountants spectrum of services cover
all aspects of doing business in the UAE and the GCC countries. While based in
the UAE, we offer comprehensive services for doing business in the Middle East
including all the Free Trade Zones, right from company formation.
gif
gif
Law firms
Norton Rose (Middle East) LLP
Contact person/department: Neil D. Miller, Partner
Address:
4th Floor, Gate Precinct Building 3, Dubai International Financial Centre, Dubai,
UAE PO Box 103747
Telephone: +971 (0)4 369 6300
Fax: +971 (0)4 369 6350
Email: neil.d.miller@nortonrose.com
Website: www.nortonrose.com
Description: We offer a full business law service and work in teams that cut
across national and jurisdictional boundaries. In everything we work on, we
provide expert advice, innovation and a commercial outlook. Our practice areas
cover banking and Islamic finance, construction, corporate finance, dispute
resolution, PPP, project finance, real estate
Clifford Chance
Contact person/ department: Anna Ward
Address:
10 Upper Bank Street
Canary Wharf
London E14 5JJ
Telephone: +44 20 7006 1000
E-mail: info@cliffordchance.com
Website: www.cliffordchance.com
Description: Clifford Chance is one of the worlds leading law firms, helping
clients achieve their goals by combining the highest global standards with local
expertise. The firm has unrivalled scale and depth of legal resources across the
three key markets of the Americas, Asia and Europe and focuses on the core
areas of commercial activity. Clifford Chance lawyers advise internationally
and domestically.
Description: King & Spalding has provided the highest quality legal services
to its clients for over a century. Today, with more than 800 lawyers and offices
in Abu Dhabi, Atlanta, Austin, Charlotte, Dubai, Frankfurt, Houston, London,
New York, Paris, Riyadh (affiliated office), San Francisco, Silicon Valley and
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Description: We believe lawyers exist to serve their clients - not vice versa. We
also believe that every task we undertake on your behalf is unique.We expect to be
judged on results, on the added value we provide, the quality of our service, and our
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2011 August Global Islamic Finance
83
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Capitala
Contact Person. Department : Patricia Assaad
Address:
Al Moroor Street
PO Box 30398
Email: patricia.assaad@capitala.ae
Telephone: +971 2 412 1111
Fax: +971 2 412 1222
Description: Capitala are the masterminds behind some of the
most beautiful and nubile real estate development in the Middle
East. They are focused on striking the balance between community
cohesion and good business decision making. There main project
Arzanah, is a US$6 billion development on Abu Dhabi island.
Located in the Zayed Grand Mosque District
Mutual Help, which was an arrangement of mutual help or indemnification customary in some tribes at the time of the Prophet Muhammad (pbuh). This is a foundation doctrine
based on which Islamic insurance practices, known as Takaful, have been developed.
Adl
A general term which conveys the meaning of justice, equity and fairness.
Ajr
Ajr-un-kareem
A generous reward.
Al-Ghurm bil
Ghunm
The principle that one is entitled to a gain only if one agrees to bear the responsibility for the loss. Earning profit is legitimised only by risk-sharing and engaging in an economic
venture. This provides the rationale and the principle of profit-sharing in Shirkah(partnership) arrangements.
Al-kharaj bil
daman
Link of exposure to risk, one can claim profit only if one is ready to bear the business risk, if any. The principle in Islamic jurisprudence that entitlement to return or yield ( al-kharaj) is
for the one who bears the liability ( daman) for something, say an asset, and one who does not bear the liability has no claim to the yield.
Amanah
Trust. Lit.: reliability, trustworthiness, loyalty, honesty. Technically, an important value of Islamic society in mutual dealings; it also refers to deposits in trust. A person may hold property in trust for another, it entails the absence of any liability for loss, except for breach of duty. By extension, the term can also be used to describe different financial or commercial
activities such as deposit taking, custody or goods on consignment. Deposits in current accounts (usually non-interest bearing) with Islamic banks are regarded as Amanah. If the
bank obtains authority to use the funds in the current accounts to invest in its business,Amanah transforms into a loan from the depositor to the bank and the bank is liable to repay
the full amount in the current account, irrespective of profit or loss made by the bank.
Amil
Literally it means worker. One who performs a task, an agent. One who deserves compensation for performing a task, such as the mudarib (manager) in a mudarabah contract or a
zakat collector. However, inFiqh it also refers to the working partner inmudarabah contract. Under this contract, one partner provides the capital and the other provides the labour
who is called amilor mudarib.
Amin
Amwal
Plural of Mal which means worldly possessions including both property and money (wealth).
Aqd
Contract, Agreement, Bond. Synonymous with the word contract in modern law.
Aqd-al-Muawadah
A contract of exchange in which compensation is given against the goods or services received.
A contract in which any one of the parties has a unilateral right to revoke it with the consent of the other(s).
Aqd Lazim
A contract in which none of the parties has a unilateral right to revoke it without the consent of the other(s).
Ariya
Loan, which means to give any non-fungible commodity to another for use, without taking any return for its use.
Arbun
A non-refundable down payment or deposit paid by a buyer for the right to purchase goods at a certain time and certain price in future; if the right is exercised, it becomes part of the
purchase price. If the buyer does not complete the purchase or backs out for any reason, the seller has the option to forfeit the deposit. Also known as Urboun and Bai al-Arbun. Also
see Hamish Jiddiyah.
Ayn
Monetary wealth. A tangible (physical) asset. Also, refers to currency or ready money. Ayn is often contrasted with Dayn.
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