Some important theoretical questions from: July 2011, May2011, Sep2010, Jan2010, May 2009, August 2009 Exams: Unit 1: Islamic Perspective of Accounting Unit 3: The financial Reporting Enviroment Unit 4: Comparative Financial Reporting of Islamic and Conventional Banks 1) Is Islamic accounting and Accounting for Islamic banks the same? Explain. [4 marks] Islamic Accounting can be defined as the “accounting process” which provides appropriate information (not necessarily limited to financial data) to stakeholders of an entity which will enable them to ensure that the entity is continuously operating within the bounds of the Islamic Shari’a and delivering on its socioeconomics objectives. Islamic accounting is also a tool, which enables Muslims to evaluate their own accountabilities to Allah (in respect of inter human/environmental transactions). Accounting for Islamic banks is not Islamic accounting but only a subset of Islamic accounting where accounting for Islamic banks covers the Islamic accounting attributable to Islamic banking transactions. Islamic accounting is also broader covering non financial institution such as waqf, zakat, Islamic business organization, Islamic government accounting, takaful and Islamic societies & unions Islamic accounting is not just technicalities of accounting for Islamic financial instruments employed by Islamic banks but much more requiring whole new areas of performance measurement including the social, environmental, economic and the Shari’a. 2) State 4 objectives of Accounting for Islamic Banks, according to AAOIFI. [4 marks] 1. To determine the rights and obligations of all interested parties, including those rights and obligations resulting from incomplete transactions and other events, in accordance with the principles of Islamic Shari’a and its concepts of fairness, charity and compliance with Islamic business values. 2. To contribute to the safeguarding of the Islamic bank’s assets, its rights and the rights of others in an adequate manner. 3. To contribute to the enhancement of the managerial and productive capabilities of the Islamic bank and encourage compliance with its established goals and policies, and above all, compliance with Islamic Shari’a in all transactions and events. To provide through financial reports, useful information to users of these reports, to enable them to make legitimate decisions in their dealings with Islamic banks. 3-a) AAOIFI (Financial Accounting Standard 1) recommends a complete set of seven financial statements for islamic banks. These can be classified into those that are unique to IFI's and those that are common to other the table below. (7 Marks) common 1 Statement of Financial Position (Balance Sheet) 2 Income Statement (Profit and Loss Account) 3 Cash Flow Statement 4 business organizations. State 7 of these in 5 6 7 unique Statement of Changes in Restricted Investments and their Equivalent Statement of Sources and Uses of Funds in the Zakah and Charity Fund Statement of Sources and Uses of Funds in the Qard Fund Statement of Retained Earnings (Statement of Changes in Owners’ Equity) 3-b) After considering the information needs of the users and the objectives of financial reports, AAOIFI recommended that in addition to the above reports, financial and non financial reports in line with the unique functions of Islamic banks. State example of reports. (3 Marks) 1. Analytical financial reports about earnings or expenditures prohibited by the Shari’a. 2. Reports concerning the Islamic bank’s fulfillment of its social responsibilities 3. Reports about the development of the Islamic bank’s human resource. 4) AAOIFI (Financial Accounting Standard 1) recommends a complete set of seven financial statements for Islamic banks. These can be classified into those that are unique to IFI's and those that are common to other business organizations. State 5) After considering the information needs of the users and the objectives of financial reports, AAOIFI recommended that in addition to the above reports, financial and non financial reports in line with the unique functions of Islamic banks. State example of reports A123- Common financial statements for all organizations: Balance sheet, income statement and cash flow statement B1234- Unique reports to IFIs set by AAOIFI? Zakat report: Analytical financial reports about sources of funds for Zakah and their uses. Analytical financial reports about earnings or expenditures prohibited by the Shariah Reports concerning the Islamic bank’s fulfillment of its social responsibilities Reports about the development of the Islamic bank’s human resources 6) LIST the FOUR (4) reports given as examples recommended by AAOIFI that can provide information “which can assist the Islamic bank in carrying out its social responsibilities and in particular those that have been specified by Islam”. (4 marks) 7) IDENTIFY THREE (3) unique financial statements and ONE (1) other voluntary statement which AAOIFI has prescribed for Islamic banks. (4 marks) 8) Islamic Banks face unique accounting problems both from a technical and philosophical point of view. Describe ANY FOUR (4) of these. (4 marks) 9) Explain the accounting principles enunciated in the Qur'anic verses 2: 282 (ALBAQARAH) and verses 11: 85-86(Hud), reproduced below in relation to the primary financial statements i. e. the Balance Sheet and Income Statement. 2: 282 0 ye who believe! When ye deal with each other, in transactions involving future obligations in a fixed period of time, reduce them to writing Let a scribe write down faithfully as between the parties: let not the scribe refuse to write: as Allah Has taught him, so let him write. Let him who incurs the liability dictate, but let him fear His Lord Allah, and not diminish aught of what he owes. If they party liable is mentally deficient, or weak, or unable Himself to dictate, Let his guardian dictate faithfully, and get two witnesses, out of your own men, and if there are not two men, then a man and two women, such as ye choose, for witnesses, so that if one of them errs, the other can remind her. The witnesses should not refuse when they are called on (For evidence). Disdain not to reduce to writing (your contract) for a future period, whether it be small or big: it is juster in the sight of Allah, More suitable as evidence, and more convenient to prevent doubts among yourselves but if it be a transaction which ye carry out on the spot among yourselves, there is no blame on you if ye reduce it not to writing. But take witness whenever ye make a commercial contract; and let neither scribe nor witness suffer harm. If ye do (such harm), it would be wickedness in you. So fear Allah. For it is God that teaches you. And Allah is well acquainted with all things. Hence, 0 my people, [always] give full measure and weight, with equity, and do not deprive people of what is rightfully theirs, 1118a) and do not act wickedly on earth by spreading corruption. That which rests with God [1191is best for you, if you but believe [in Him]! However, I am not your keeper. " (Hud, 11: 85-86) [20 Marks] Quranic verse 2:282 The above Quranic verse is the basis of Islamic Accounting where accounting in Islam deals with among other things, recognition, measurement & recording of transactions, the fair presentation of rights and obligations. This verse on debt contracts (2:282) fits the balance sheet and accounting equation. Asset=Liabilities + Owner’s Equity. In a corporation’s balance sheet, loans from banks sit in the liability section whereas shareholders funds in the owners equity section. On the other hand, equity is also a special form of liability to the business entity in essence a debt repayable with profits or after deducting losses. The debt contract is the management contract with the directors to manage the money of the owners with the fiduciary responsibilities of the directors. The substance over form is an obvious violation of Shariah places paramount importance on contractual agreement which is the foundation of determining rights and obligations of the parties to the contract. An owner of an asset should bear the risks of ownership such as ensuring the usability of the asset and thus these risks can only be identified if reported to the effect to reflect the ownership status. Failure to report as such will result in ambiguity and hence trigger off a potential for gharar element to set in, which is a violation of Shariah. The verse 2:282 on debt contracts is applicable to accounting. This verse ask believers to put in writing justly, contracts which involve exchange of monies with future obligations, drafted by professional writers (who can be interpreted as lawyers or accountants) duly witnessed. The writers (or accountant) must write the contract according to what Allah taught him. The objective of writing the contract is given as a better form of evidence in case of disputes later on and also to avoid doubts and conflicts. The verse, which is the longest in the Qur’an ends with Fear Allah and Allah teaches the right way and has full knowledge of everything. Quranic verse 11:85-86 This surah Hud mentioning about the bottom line or balance of profit and loss (P&L) account. This verse tells us what type of bottom line Allah expects i.e what Islamic accounting should aim for. P&L account presented the turnover or sales followed by the cost of sales. Then it will expense mainly salary and wages and other expenses and overheads. Finally, taxes and zakat (the latter in case of Islamic organizations) before come to the shareholder’s bottom line. Each line of the P&L account represents different stakeholders. If in the process of arriving at the bottom line, any short changing occurs to any of the parties above the line, there will be economic, social and spiritual consequences. Foremost, customers or in case of Islamic banks the people who are given financing should be given fair terms, a fair price and transparency. Do not hide conditions under footers in unreadable small fonts. These include the transparency of fatwas for the contract, any penalties for late payment and early redemption and the rights and responsibilities of either party. In the case of cost of sales, in the bank’s case it is the deposit holders’ return. In accounting terms we should disclose the profit allocation method, priority accorded to allocation of funds in case in inadequate investment opportunities, what item of revenues are shared with the various type of deposits etc. as stipulated in FAS 5 of AAOIFI. In the case of salaries and wages of employees, the Islamic bank must ensure fair wages - not always what the market will bear, fair working conditions, quick payment of salaries. It should also ensure that there is no terribly wide gap in salary levels between various grades of employees. The latter in the form of millionaire salaries and benefits paid out to CEO’s and top directors, even though the company is making losses is already a cause for concern in corporate governance circles. In case of payment for services, the Islamic bank should ensure fair terms for the appropriate quality of service. It is often the case, in the retail and manufacturing industry for example, that suppliers are squeezed out of decent profits by insisting on such low prices or long credit term that lead to poor quality supplies and service and even bankruptcy of firms in the long run. 10) AAOIFI goes on to list four objectives of financial accounting. What are they? 1- Rights and obligations: To determine the rights and obligations of all interested parties, including those rights and obligations resulting from incomplete transactions and other events, in accordance with the principles of Islamic Shariah and its concepts of fairness, charity and compliance with Islamic business values. 2- Safeguarding: To contribute to the safeguarding of the Islamic bank’s assets, its rights and the rights of others in an adequate manner. 3- Enhancement: To contribute to the enhancement of the managerial and productive capabilities of the Islamic bank and encourage compliance with its established goals and policies and, above all, compliance with Islamic Shariah in all transactions and events. 4- Useful information: To provide, through financial reports, useful information to users of these reports, to enable them to make legitimate decisions in their dealings with Islamic banks. 11) According to SFA1, in order to meet the objectives of financial accounting for Islamic banks, certain types of information should be provided by financial reports. State two of these? We can categorize information needs into two groups: a) Normal financial information i.e. financial position, liquidity, profitability b) Specific additional financial and non financial information i.e. Shariah compliance, discharge of social responsibilities and information for employees. In detail: 1- Information which can assist in evaluating the bank’s compliance with the principles of Shariah in all of its financial and other dealings. 2- Information which can assist in evaluating the bank’s ability in: A- Using the economic resources available to it in a manner that safeguards these resources while increasing their value, at reasonable rates. B- Carrying out its social responsibilities and in particular those that have been specified by Islam, including the good use of available resources, the protection of the rights of others and the prevention of corruption on earth. C- Providing for the economic needs of those who deal with the bank. D- Maintaining liquidity at appropriate levels. 3- Information which can assist those employed by the bank in evaluating their relationship and future with the Islamic bank, including the bank’s ability to safeguard and develop their rights and develops their managerial and productive skills and capabilities. 12) Who are the users of IFIs reports? The user includ 12345- equity holders, current and savings account holders, regulatory agencies such as the Central Bank, Other depositors and other who transact business with the bank. However, a special class of users of Islamic banks are a- investment account holders and b- zakat agencies. 13) Question: Find Three Accounting Issues and Three Possible Approaches to the issues? (Harmonization) “Harmonising financial reporting of Islamic finance” A review of leading international Islamic Financial Institutions shows that a number of reporting frameworks are used across the industry, although many use IFRS, some use partly converged IFRS-based standards, some use IFRS with additional requirements, and some use specific standards for the Islamic Finance. Points for Considération Identify the users, and the objectives of financial reporting & whether it is different from the conventional financial institutions. The use of specific Islamic Accounting principles that represent a faithful Islamic Finance Transactions Non-Financial Institutions that consume Islamic Finance Products have different Accounting issue to Financial Institutions. Major of using a common globally accepted set of accounting standards is the comparability it offers for the users of different institutions, financial statements, and can enhance the ability of investing opportunities across the border IFRS is the only global recognized set of financial reporting standards that provide IFIs a consistency framework and comparability with conventional institutions. Possible Approaches to the Issues: IFRS could be used as the default reporting framework, though the guidance of existing Islamic Financial reporting models will need to be used to supplement the standards that do not fit into the framework. Guidance will be presentation & disclosure related. Even in the existing IFRS standards, there are standards dealing with specific industries and so it is possible for aiming a specific standard for Islamic Finance Transactions. Alternatively, a set of globally recognized Islamic Finance Accounting Standards could be used by the IFIs, where possible it can be based on IFRS, but will include the Recognition, Measurement, Presentation and Disclosure requirements relevant to Islamic Finance products and transactions, in order to assist IFIs and the users of their financial reports. Malaysian Accounting Standards Board (MASB) are in the opinion of using IFRS, unless it has been proven and shown that there is a clear prohibition in the Shariah, then it can be amended accordingly, and until that time it can be used. NB: we quoted this information from article only, so if there is anything extra that you may see it important, then you may include it. State four issues in harmonizing accounting for Islamic financial institutions with International Financial Reporting Standards ( 4 marks ) 14) Unit 2: Islamic Financial Transactions Units 5,6,7,8,9,10: Accounting Framework and Enviroment: 15) What is the difference between restricted and unrestricted investment accounts. How are they treated on the Balance Sheet respectively? [4 marks ] Restricted Investment Unrestricted Investment Difference Accounts Accounts Definitions The investment account holder The investment account holder imposes certain restrictions authorizes the Islamic bank to as to where, how and for what invest the account holder’s purpose his funds are to be fund in a manner which the invested. Islamic bank may be Islamic bank deems restricted from commingling its appropriate without laying own funds with the restricted down any restrictions as to investment account fund for where, how and for what purposes of investment. In purpose the funds should be Under this addition, there may be other invested. restrictions which investment arrangement the Islamic bank account holders may impose. can commingle the investment For example, investment account holder’s funds with its account holders may require the own funds or with other funds Islamic bank not to invest their the Islamic bank has the right to funds in installment sales use (e.g. current accounts). The transactions or without investment account holders and guarantor or collateral or require the Islamic bank generally that the Islamic bank itself participate in the returns on the should carry out the investment invested funds. itself rather than through a third party. Balance sheet treatment Assets and liabilities relating to In the balance sheet equity of restricted investment components, it is been as equity of account holders and their presented equivalent is treated off unrestricted investment balance sheet, separately from account holders, independent the Islamic bank’s assets and category in the statement of liabilities. financial position of the Islamic bank between liabilities and Restricted investments are not owners’ equity. assets of the Islamic bank and should not be reflected However, in case the Islamic on the bank’s statement of bank makes it a condition that financial position since the the funds will not be invested bank does not have the right before a certain date, and then to use or dispose of those the funds received shall be investments except within the recorded in a current account conditions of the contract until their date of investment between the Islamic bank and due. holders of restricted investment accounts and their equivalent. 16) Explain the differences between Murabaha and, murabaha to the purchase orderer, illustrated by diagrams (6 marks) A Murabaha is defined by Fuqaha (jurists) as the sale of goods at cost plus an agreed profit mark up, As a mode of Islamic financing product, we can redefine murabaha as a sale in which the Islamic bank informs the customer of its own cost and the profit it is taking on the transaction and where the sale price is paid in installments over an agreed period of time. (3) vendor customer Islamic Bank (1) (2) (1)The banks buys the goods for murabaha sale from the vendor and pays for it. (2) The Bank enters into a murabaha contract with a customer and delivers the good. (3) The customers pays the bank in installments over the contract period. Most Islamic banks do not want to do this, as it involves trading and it is risky in the sense that the bank is an owner of the bought goods, and is thus liable for risk of loss, damage and decline in value until the time it manages to sell it to a customer. Murabaha to the Purchase Orderer is a sale in which two parties or more negotiate and promise each other to execute an agreement according to which the orderer asks the purchaser to purchase an asset of which the latter will take legal possession. The orderer promises the purchaser to purchase the asset from him and give the ordered a profit thereon. The two parties would conclude a sale after the possession of the ordered to the asset. vendor (2) Islamic Bank (1) (3) customer (4) (1) The customer orders the bank to purchase goods, which it promises (this may be binding or non binding) to buy from the bank giving it some profit. (2) The bank buys and pays for the goods from the vendor. (3) The banks execute a murabaha contract of sale to the customer and deliver the goods. (4) The customer pays for the goods on an installment basis to the bank. 17) Explain the differences between murabaha and bai bithaman ajil illustrated by diagrams. You need not draw the diagram for murabaha again after (a) (3 marks) (3) Islamic Bank customer (4) (2) vendor (1) Bai Bithaman Ajil (1) Customer identifies asset to be purchased and pays deposit to owner and signs sale and purchase agreement with owner (2) Bank buys the asset through a property purchase agreement and pays cash to owner on behalf of customer (3) Bank sells assets to customer using property sales agreement at BBA price (4) Customer repays bank in installment. 18) What are the shariah controversies arising out of the Malaysian practice in (10) above? 19) Identify and explain an alternative Islamic contract which can be used to finance houses which has yet to be been constructed. (6 marks) 20) Explain the problems for the customer when BBA is used to finance incomplete properties. (3marks) The bank never takes delivery of the goods nor assumes liability for it before it is handed over to the customer. If the developer fails to complete the project, the bank’s customer is left with the mark up price to pay for an undelivered house. In the current BBA home financing, the customer is forced to face the financial burden of paying for the house even before it is completed, as he has engaged in a ‘debt contract’ with the bank at the outset. By ignoring the concept of iwad, the BBA contract is not seen as conforming to the maqasid al-Shari’ah that removes hardship (raf’ al-haraj) and preventing harm (daf’ al-darar) in the economic sphere, thereby leaving the welfare of people unprotected – a possible crime when the transaction is done under an Islamic label. 21) Illustrate by means of a diagram, how organized Tawarruq can be used for personal finance. (4 marks) 22) How does the bank protect itself, if the orderer refuses to take delivery of the goods in a transaction involving murabaha to the purchase orderer; a. In case the promise is binding? (4 marks) In the case of binding, the bank can demand Hamish Jiddiyah (security deposit). If the customer declines, the bank can deduct any losses and expenses it incurs on transaction from the security deposit and return the excess. If the loss is greater than the deposit, the customer becomes liable for the balance. b. In case the promise is not binding (4 marks) In the case of non binding, the bank can demand for urboun deposit (down payment). This is deducted from the purchase price if the customer proceeds with the sale. If not, the customer loses his deposit, even if the deposit is more than the loss incurred by the bank. Deposit from the client can be in the form of hamish jiddiyah or urboun. Hamish Jiddiyah is payment by purchase orderer as deposit at the date of request while urboun is paid by orderer at the date of transaction. If the murabahah contract is binding, the bank can deduct the expense from Hamish jiddiyah, while if it is non-binding, bank should return the Hamish jiddiyah in full amount to the purchase orderer. From the case, since the contract is non-binding, the bank should return 10,000 dinar to the client. To prevent failure of clients to take delivery, the bank should make the contract binding promise and then require Hamish jiddiyah or urboun. 23) Explain the difference between Urboun and Hamish jiddiyah Hamish jiddiyyah: It is the amount paid by the purchase orderer upon request of the purchaser to make sure that the orderer is serious in his order of the asset. However, if the promise is binding and the purchase orderer declines to purchase the asset, the actual loss incurred to the purchaser shall be made good from this amount Urboun : It is the amount paid by the client (orderer) to the seller (i.e., the original purchaser) when the former purchases an asset from the seller. If the customer proceeds with the sale and takes the asset, then the urboun will be part of the price; otherwise, the urboun will be for the seller. Hamish Jiddiyayah is problematic, because, in case of a non-binding promise, the bank will have to return the deposit in full to the potential customer, even if it subsequently incurs a loss in selling the goods, which the original orderer had refused to take delivery. In case, the promise is binding and the customer declines, the bank can deduct any losses and expenses it incurs on transaction from the deposit and return the excess. If the loss is greater than the deposit, the customer becomes liable for the balance. In case of urboun deposit, this is deducted from the purchase price if the customer proceeds with the sale. If not, the customer loses his deposit, even if the deposit is more than the loss incurred by the bank. 24) Describe the FOUR (4) categories of Musharaka or Shirka (4 marks) 25) Complete the table to compare and contrast pertinent features of Mudaraba and Musharakah contracts Subject Description Loss Sharing Profit Sharing Ratio Mudaraba Partnership in which one or more parties who provide capital contract with another parties who provide labour Is borned by rab al mal other than those incurred due to negligence. Mudarib loss his labour as he is not paid any salaries Agreed between the rab al mal and mudarib before they enter into the contract Musharaka All partners contribute the capital and must participate in the running of the business Losses are shared on the capital ratio, not in the profit sharing ratio Agreed in advanced in term of percentage of the profit 26-a) Distinguish Islamic financing mechanism using Ijarah and Ijarah Muntahia bittamleek. 3 marks Ijarah: contracts that do not end up with the transfer of ownership of leased assets to the lessee. Ijarah Muntahia Bittamleek: contract that end up with the transfer of ownership of leased assets to the lessee. 26-b) State the possible modes of ownership transfer to the lessee under Ijarah Muntahia Bittamleek? [5 marks] 27) Gift at the end of the period Token sales consideration at the end of the period Sale at specified amount Sale during the lease period for the remaining installments Gradual transfer during lease period Salam & Parallel Salam Salam is a purchase of commodity at a deferred delivery in exchange for immediate payment. Parallel Salam A salam contract where by Al-Muslam Ileihi depends for executing his obligation on receiving what is due to him in his capacity as Al-Muslam. Without executing the second salam contract, the first one cannot be fulfilled. “A contract to sell, what a bank as a buyer will get into another salam contract” Al-Musalam Fihi: the commodity to be delivered Al-Muslam Ileihi: the Seller Al-Muslam: the Purchaser Agent 2. 5. 3. 4. Ultimate Buyer Al-Muslam Ileihi (Seller) Islamic Bank 1. Fig1. Salam financing using Agent 3. Al-Muslam Ileihi 1. 4. Islamic Bank Al-Muslam in the Parallel Salam 2. Fig 2. Salam with Parallel Salam Financing 1- The Islamic bank pays the al muslam ileihi in the salam contract. 2- The Islamic bank receives a payment from the buyer in a parallel salam contract with the bank’s customer. 3- The muslam ileihi in the salam contract delivers the goods to the bank at the agreed time. 4- The bank delivers the commodity to the al muslam in the parallel salam contract. 28) Singapore Islamic bank charged ta’wid (compensation) of S$1000 for late payment by the customer who had entered into a salam contract with the bank for delivery of durians (by the bank) in six months time. Explain why this is an impossible situation. Because in Salam contract the payment should be in cash. 29) ILLUSTRATE by means of a diagram how an Islamic bank can use the Salam contract for financing a fruit grower and help a fruit juice manufacturer. (4 marks) Reproduce and complete the following table: Subject Salam contract Seller in Arabic Buyer in Arabic Subject matter in Arabic When is the price paid? 30) Istisna’a’ Contract PER , IRR (a) EXPLAIN what are Profit equalization reserves and Investment risk reserves as well as their purposes (b) Explain the difference between Profit Equalization Reserve and Investment Risk Reserve. [4 marks ] Features Definition of reserve Measurement of reserve Profit Equalization Reserve The amount appropriated by the Islamic bank out of the mudaraba income, before allocating the mudarib share, in order to maintain a certain level of return on investment for investment account holders and increase owners’ equity. Shall be measured as the amount deemed prudent by the management of the Islamic bank in order to maintain a certain level of return on investment for investment account holders and increase owners’ equity. Investment Risk Reserve The amount appropriated by the Islamic bank out of the income of investment account holders, after allocating the mudarib share, in order to cater against future losses for investment account holders. At the end of the financial period, the amount needed to bring the balance of the reserve to the required level shall be treated as an appropriation of income before allocating the mudarib share. At the end of the financial period, the amount needed to bring the balance of the reserve to the required level shall be treated as an appropriation of income after allocating the mudarib share. Shall be measured as the amount deemed prudent by the management of the Islamic bank in order to cater against future losses for investment account holders. If the balance exceeds the amount considered prudent then the excess amount shall be credited as a release from reserve to the relevant party’s share of income for that financial period before allocating the mudarib share. If the balance exceeds the amount considered prudent then the excess amount shall be credited as a release from reserve to unrestricted investment account holders share of income for that financial period after allocating the mudarib share. PER is a provision shared by both the depositors and the Islamic bank and hence is deducted from the total gross income. PER is reflected under other liabilities of the bank. The purpose of introducing a PER is to enable the Islamic banks to mitigate the undesirable fluctuations of income and to maintain competitive, particularly in terms of deposit rates. 30-c) Why do we have PER and IRR? 1- PER is for income smoothing. If profits from investments dip during a certain period, then the bank can ‘top up’ the profits using the PER to ensure that investors do not experience volatile fluctuations in their income stream. 2-IRR is for capital protection, and since capital (i.e. deposits) belongs to the IAH, the IRR is only taken AFTER the distribution of profits between the IAH and the bank. 3- In situations where investments make losses, the IRR is used to help ‘protect’ the capital (i.e. deposits). 30-d) Are these reserves acceptable under the IFRS requiring? The accounting for these reserves under IFRS would depend on whether the IFI is deemed to have an obligation (either contractual or constructive) to pay depositors from the reserve. For the case of PER in particular, the IFI’s share of the profits is included, thereby effectively creating an expected loss provision, currently not permitted under IAS39. 30-E) How are the reserves presented in the financial statement? There is inconsistency in how IFIs around the world account for the PER:Country accounting regime Malaysia Malaysian GAAP Bahrain AAOIFI classification of PER Liability netted of against URIA (Separate from equity and liability) UK IFRS Equity UAE IFRS Liability 31) Discuss the financial reporting problems of accounting for ijarah muntahia bittamleek, where the transaction in substance is a financial lease, due to the clash between International Financial Reporting Standards and AAOIFI accounting standards (6 marks) AAOIFI accounting standards require both Operating Ijarah and Ijarah Muntahia Bittamleek to be treated similar to Operating Lease. In contrast, based on IFRS, both Operating Ijarah (especially if lease term is for major part of economic life of lease asset) and Ijarah Muntahia Bittamleek (due to the transfer of asset ownership by end of lease term) would normally be classified and treated as Finance Lease. In conventional accounting, the lessee records the assets in their books because they consume a significant portion of the economic benefits of the asset. However, in Islamic Finance, substance over form is not recognized. Valuation of asset – Asset acquired for Ijarah shall be recognized upon acquisition at historical cost. Recognition of income – Ijarah revenue shall be allocated proportionately to the financial period in the lease term Repair of leased assets – if immaterial, recognized in the financial periods in which they occur, if the repairs are material and differ in amount from year to year over the lease term, a provision for repairs have to be established by regular charges against income. Initial direct cost – if material, be allocated to periods in the lease term in a pattern consistent with that used for allocating ijarah expenses. If immaterial, it shall be charged directly as an expense to the financial period in which the lease agreement is made. Unit 11: Takaful: 32) Illustrate with the aid of diagrams and explain: i. The pure and modified mudharaba models of takaful. (5 marks) ii. The wakalah –jualah model with upfront wakalah fee and mudharabah profit sharing on the underwiting surplus. (4 marks) iii. why did the pure mudharaba model of takaful fail in Malaysia? (2 marks) iv. what shariah controversy arises in model (c) above? (2 marks) 33) How does Takaful differ from conventional insurance from the accounting perspective? (5 marks) 34) Illustrate by means of a diagram the business model of takaful practiced by Al Misr Takaful Ltd as can be gleaned from the data and notes presented in part (c) below. (5 marks) 35) Explain the difference between facultative and treaty retakaful. (3 marks) Unit 11: Auditing and Shariah Governance 36) Shariah audit vs. Shariah review Shariah auditing: Shariah auditing or Islamic auditing can be defined as ‘a systematic process of obtaining sufficient and appropriate evidence to form an opinion as to whether the subject matter (processes, personnel, financial and non-financial performance, financial position, systems, marketing, products, transaction, contracts etc.) corresponds with the criteria (the Shariah rules and principles) which is broadly accepted by the Islamic community and to report to stakeholders thereon. Some of the things to note from the above definition: 1) Shariah auditing is a process i.e. a series of steps or work. 2) Sufficient and appropriate (reliable and good quality) evidence needs to be collected. 3) The subject matter of the Shariah audit should be wider than a financial statement audit. In line with the broad ambit to the Shariah including akhlaq, not only should the financial statements but the banks internal processes, personnel, financial and non- financial performance, financial position, information and IT systems, marketing of the bank’s product and of course, the financial contracts employed by the bank. This has implications for cost and time. 4) The criteria normally are the Shariah principles and rules developed by the Shariah supervisory board. The importance of Shariah audit: First of all, carrying out an audit is essential because for public listed companies it is important that an audit is carried out to ensure that the companies are using fair policies prescribed by law and the public’s money is in safe hands. The basic advantage of an audit is that it makes it easier to compare different companies as the auditors express their opinions about the fairness of procedures. Of a company is given a good opinion then it means that it is following the law. It also helps in following certain standards. An audit will keep the managers from trying to indulge in fraudulent practices as it is a means of accountability. It testifies to reliability and integrity of the results. The only disadvantage of an audit can be the costs involved because you have to pay the auditors and also ensure that you maintain detailed records of all the transactions which involve a lot of costs. Secondly, what's the function of financial statements? This is a common knowledge for the users of financial statements. Actually, investors and creditors can make use of financial statements to make their decision. However, these financial statements were made by companies. How can the users trust these financial statements? Are these financial statements faithful? If they are not, how can the users depend on this information to make their decision? This is why auditing exists. Objective of the Audit of the Financial Statements: The objective of an audit of financial statements is to enable the auditor to express an opinion as to whether the financial statements are prepared, in all material respects, in accordance with the fatwas, rulings and guidelines issued by the Shariah supervisory board of the Islamic financial institution, the accounting standards of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), national accounting standards and practices, and relevant legislation and regulations applied in the country in which the Islamic financial institution operates. The phrase used to express the auditor’s opinion is whether the financial statements “give a true and fair view” in accordance with the above. Essentials principles governing the auditor In order to attain the audit objective, the auditor is expected to comply with the “code of Ethics for Professional Accountants” issues by both AAOIFI and IFAC, which does not contravene Shariah rules and principles. This is to ensure that accountants conduct themselves in a manner that is approved by Shariah. Moreover, the auditor should also conduct the audit in accordance to ASIF. That is the auditor should plan and perform the audit with professional competence and due care recognizing the circumstances that may exist which cause the financial statements to be materially misstated. Scope of Audit In paragraph 7 of ASIFI No.1 is stated as follows: The “scope of audit” refers to audit procedures deemed necessary to achieve the audit objective. “The procedures required to conduct an audit having regard to the requirements of appropriate Islamic rules and Principles, ASIFIs, relevant professional bodies, legislation, regulations which do not contravene Islamic rules and Principles, and where appropriate, the terms of audit engagement and reporting requirements. International Standards of Auditing (ISA) shall apply in respect of matters not covered in detail by ASIFI provided that these do not contravene with Islamic Principles”. Shariah review: According to GSIFI 2 of AAOIFI, Shariah review is an examination of the extent of an IFI’s compliance, in all its activities, with the Shariah. This examination includes contracts, agreements, policies, products, transactions, memorandum and articles of association, financial statements, reports (especially internal audit and central bank inspection), circulars, etc. The objective of a Shariah review is to ensure that the activities carried out by an IFI do not contravene the Shariah. Shariah audit vs. Shariah review: Scope Shariah audit: Shariah review: Expression Positive: ‘we found that all of the Negative: ‘There is no non Shariah transactions are fully complied with compliance in this IFI’ Shariah’ Level High level/ strong Low level/ weak Area cover Narrow Broad Execution A Shariah audit should be done by an external audit. Qualification Auditors specialize in gathering evidence and using the evidence to test compliance to certain principles, in this case it is Shariah principles. Auditors need to learn the rules around Shariah contracts and prohibitions Malaysian Bank Negar requires a Shariah Audit for IFI in Malaysia The review is under the responsibility of the Shariah Supervisory Board or it’s designee The SSB has expertise in Shariah but need to be trained in auditing techniques Sponsorship AAOIFI recommends a Shariah review, but does not mention Shariah audit 37) The Association of Chartered Islamic Finance Professionals (ACIFP) would like develop the shariah auditing profession under its wing, and has hired you as a consultant to advise them in developing shariah auditing as a profession. As an initial assignment, you are required to prepare a brief report to the council of ACIFP on the issues in developing shariah auditing as a profession. (12 marks) 38) Discuss some of the pertinent issues relating to the development of Shariah Auditing (10 marks) 39) Explain TWO (2) differences between conventional and shari’ah auditing. (4 marks) 40) Using a diagram, Illustrate the three phases of the Shariah review cycle (4 marks) 41) Highlight the deficiencies of the Shariah Supervisory Council report below, as per AAOIFI’s GSIFI No 1 standard. [10 marks) REPORT OF THE SHARIAH SUPERVISORY COUNCIL We, Dato’ Awang Buntut and Ismail Khan, being two of the members of Shariah Supervisory Council of Bank Islam Surakarta, do hereby confirm on behalf of the members of the Council, that in our opinion, the operations of the Bank for the year ended 30 June 2004 have been conducted in conformity with the Shariah principles. On behalf of the Council ……………………………… … -----------------------------------Dato’ Awang Buntut Ismail Khan Kuala Lumpur, Date: 27 September 2009 According to GSIFI No.1, the basic Elements which must be contained in the Shari’a Supervisory Board’s Report are as follows: a) title The above report already has a title. b) addressee The Shari’a supervisory board’s report above does not shown to whom the report was prepared. The SSB report should be appropriately addressed as required by the circumstances of the engagement and local laws and regulations. c) opening or introductory paragraph The above report does not have this opening or introductory paragraph. The Shari’a supervisory board’s report should identify the purpose of the engagement. Illustrative wording for an opening (introductory) paragraph is shown below: “In compliance with the letter of appointment, we are required to submit the following report: d) scope paragraph describing the nature of the work performed Illustrative wording for a scope paragraph is shown below: “We have reviewed the principles and the contracts relating to the transactions and applications introduced by the Example Islamic Financial Institution during the period ended. We have also conducted our review to form an opinion as to whether the Example Islamic Financial Institution has complied with Shari’a Rules and Principles and also with the specific fatwas, rulings and guidelines issued by us.” e) opinion paragraph containing an expression of opinion on the compliance of the Islamic financial institution with Islamic Shari’a Rules and Principles The Shari’a supervisory board’s report should state whether the Islamic Financial Institution’s contracts and related documentation are in compliance with the Islamic Shari’a Rules and Principles. An illustration of these matters in the opinion paragraph is shown below: In our opinion,: the contracts, transactions and dealings entered into by the Example Islamic Financial Institution during the year ended ... that we have reviewed are in compliance with the Islamic Shari’a Rules and Principles; the allocation of profit and charging of losses relating to investment accounts conform to the basis that had been approved by us in accordance with Islamic Shari’a Rules and Principles; (where appropriate, the opinion paragraph shall also include the following matters:) all earnings that have been realized from sources or by means prohibited by Islamic Shari’a Rules and Principles have been disposed of to charitable causes; and the calculation of Zakah is in compliance with Islamic Shari’a Rules and Principles. If the Shari’a supervisory board has ascertained that the management of the Islamic financial institution has violated Islamic Shari’a Rules and Principles or the fatwas, ruling and guidelines issued by its Shari’a supervisory board, then the Shari’a supervisory board has to report the violations in the opinion paragraph of its report. f) date of report The Shari’a supervisory board should state the period covered by its report and date the report as of the completion date of the review. The Shari’a supervisory board should not date the report earlier than the date on which the financial statements are signed or approved by management g) Signature of the members of Shari’a supervisory board. The Shari’a supervisory board’s report should be signed by all members of the Board 42) The shariah report given below does not follow AAOIFI standard on shariah reports. Redraft the report in accordance with AAOIFI standard GSIFI No. 1. (10 marks) Report of the Shariah Supervisory Council We, Dr. Yusof bin Ramli and Mohd Bakir bin Mansor, being two of the members of Shariah Supervisory of Bank Islam Malaysia Berhad, do hereby confirm on behalf of the Council, that in our opinion, the operation of the Bank for the year ended 30 June 2006 have been conducted in conformity with Shariah principles. On behalf of the Council: Dr Yusof bin Ramli Mohd Bakir bin Ramli Kuala Lumpur, 26 Oktober 2006 In the name of Allah, The Beneficient, The Merciful REPORT OF THE SHARIAH SUPERVISORY BOARD To the Shareholders of the Bank Islam Malaysia Berhad Assalam Alaikum Wa Rahmat Allah Wa Barakatuh In compliance with the letter of appointment, we are required to submit the following report: We have reviewed the principles and the contracts relating to the transactions and applications introduced by the Bank Islam Malaysia Berhad during the period ended. We have also conducted our review to form an opinion as to whether the Bank Islam Malaysia Berhad has complied with Shari’a Rules and Principles and also with the specific fatwas, rulings and guidelines issued by us. The Bank Islam Malaysia Berhad’s management is responsible for ensuring that the financial institution conducts its business in accordance with Islamic Shari’a Rules and Principles. It is our responsibility to form an independent opinion, based on our review of the operations of the Bank Islam Malaysia Berhad., and to report to you. We conducted our review which included examining, on a test basis of each type of transaction, the relevant documentation and procedures adopted by the Bank Islam Malaysia Berhad. We planned and performed our review so as to obtain all the information and explanations which we considered necessary in order to provide us with sufficient evidence to give reasonable assurance that the Bank Islam Malaysia Berhad has not violated Islamic Shari’a Rules and Principles. In our opinion: a) the contracts, transactions and dealings entered into by the Bank Islam Malaysia Berhad during the year ended 30 June 2006 that we have reviewed are in compliance with the Islamic Shari’a Rules and Principles; b) the allocation of profit and charging of losses relating to investment accounts conform to the basis that had been approved by us in accordance with Islamic Shari’a Rules and Principles; c) all earnings that have been realized from sources or by means prohibited by Islamic Shari’a Rules and Principles have been disposed of to charitable causes; and d) the calculation of zakah is in compliance with Islamic Shari’a Rules and Principles. We beg Allah the Almighty to grant us all the success and straight-forwardness. Wassalam Alaikum Wa Rahmat Allah Wa Barakatuh Dr Yusof bin Ramli Mohd Bakir bin Ramli Kuala Lumpur, 26 Oktober 2006 43) Briefly discuss any FIVE (5) issues that need to be resolved in promoting Shariah auditing as a profession. [10 marks] (i) what is the nature of the shari’a audit review in practise? Is it as extensive as a statutory audit? If so are the SSB members who are fiqh scholars have the competence to do an audit or even a review. (ii) Following the IFAC code of ethics, an auditor should watch out for threats to independence including self review and advocacy threats. Now we know that the SSB also advices on the product compliance with the shari’a. They are also supposed to direct and supervise the IFI to ensure shari’a compliance. This is an uncomfortable position. The SSB is both judge and jury. Their evaluation and advisory roles should be separated. (iii) What is the responsibility of external auditors for shari’a compliance. The standard is rather vague. It puts the burden mostly on the SSB who may not be in a position to verify shari’a compliance, and yet they are expected to report on the Further are the responsibilities in this area include activities not relating to or impinging on the financial statements? (iv) Who monitors the shari’a supervisory board. They do not belong to any professional organization or registered government body who have their code of professional ethics or standards of practice. (v)AAOIFI has also issued a code of ethics for employees of IFI’s. How is this implemented? In case of accountants who work for IFI’s they can be controlled through their professional accounting organizations (excluding the islamic part) but employees do not normally belong to professional bodies. Perhaps, all IFI employees should be given the code as an attachement to their employment contracts and given trainining on ethics during in their induction in the IFI. (vi) The audit procedures and evidence need to be worked out in more depth for different type of events. Compared to the IAASB which has more than 12 standards on audit evidence alone and 10 international audit practice statements and given the broader range of shari’a issues, standard setting for islamic auditing has a long way to go. (vii) The IAASB has issued 1006 Auditing of the financial statements of banks, which is a 78 page document which covers a myriad of issues such as internal control in banks, risks and issues in respect of fraud and illegal acts, ratio analysis, risk and issues in securities underwriting and brokerage and risks and issues in private banking and asset management, which are not considered adequately from the perspective of the shari’a. The industry and regulators will have to face this issues especially risk management and derivative instruments used in hedging their disclosure and valuation and their shari’a acceptability.
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