Lehrstuhl für Bankwirtschaft und Finanzdienstleistungen Prof. Dr. Hans-Peter Burghof with Ahmad Abu-Alkheil and Ulli Spankowski Islamic banking & Finance •Introduction •Evolution 2 Islamic Banking and Finance Glossary: Glossary Islamic Banking and Finance Term in Arabic Reba Al-wadiah Bai'muajjal Bai'salam Zakat Meaning Interest Safe keeping Deferred-payment sale pre-paid purchase Islamic tax Halal Haram Ijara Mudaraba Mudarib Murabaha Musharaka Qard hasan Gharar Sukuk Qirad Rabbul-mal Shariah Shirka lawful unlawful leasing profit-sharing Entrepreneur-borrower Cost-plus or mark-up Equity participation Benevolent loan (interest free) Uncertainty or chance Islamic bond Mudaraba Owner of capital Islamic law Musharaka 3 Islamic Economics Islamic economics : •Is Is economics in accordance with Islamic law . Goals of Islamic Economics : •Broad-based economic well-being with full employment and optimum rate of economic growth. •Stability in the value of money to enable the medium of exchange to be a reliable unit of account and a stable store of value. •A just return is ensured on investment and development projects. •Effective rendering of all services normally expected from the banking system. •Socio-economic justice and equitable distribution of income and wealth 4 Islamic Banking and Finance Rules regarding Islamic finance : •Any principal incipal is prohibited Any predetermined payment over and above the actual amount of pr •The the e enterprise for which the The lender must share in the profits or losses arising out of th money was lent •Making Making money from money is not Islamically acceptable (Asset Based Financing) •Gharar Gharar (Uncertainty, Risk or Speculation) is also prohibited •Investments not ot forbidden Investments should only support practices or products that are n 5 Islamic Banking and Finance Islamic banking : A banking system that is based on the principles of Islamic law (also known as Sharia, and guided by Islamic economics). Islamic banking distinguishing features: •Zero interest and capital guarantee (interest-free) •Multi-purpose and not purely commercial •Strongly equity-oriented •Full-reserve banking 6 Islamic Banking and Finance Types of Islamic financing: •Trade financing •Investment financing •Lending • Services Uses Of Funds ( Financing Techniques ): •Musharaka (finance by way of partnership - Joint Venture) •Mudarabah (Profit Loss Sharing) •Murabahah (cost-plus financing) •Bai'salam ( prepaid purchase) •Bai' muajjal (deferred payment) •Istisnaa (manufacturing). •ijara (Leasing )… 7 Islamic Banking and Finance Musharaka : It means partnership. It involves you placing your capital with another person and both sharing the risk and reward. The difference between Musharaka arrangements and normal banking is that you can set any kind of profit sharing ratio, but losses must be proportionate to the amount invested. Types of Musharaka : • DecliningDeclining-Balance Shared Equity: Commonly used to finance a home purchase, the declining balance method calls for the bank and the investor to purchase the home jointly, with the institutional investor gradually transferring transferring its portion of the equity in the home to the individual homeowner, whose whose payments constitute the homeowner's equity. • Permanent Musharaka:In this form of Musharaka an Islamic bank participates in the equity of a project and receives a share of profit on a pro rata basis. The period of contract is not specified. So it can continue so long as the parties concerned wish it to continue. 8 Islamic Banking and Finance Mudaraba : Refers to an investment on your behalf by a more skilled person. It takes the form of a contract between two parties, one who provides the funds and the other who provides the expertise and who agree to the division of any profits made in advance. In other words, Islamic Bank would make Sharia’a compliant investments and share the profits with the customer, in effect charging for the time and effort. If no profit is made, the loss is borne by the customer and Islamic Bank. ADCB 9 Islamic Banking and Finance (Murabahah Murabahah (cost(cost-plus financing) : Murabaha is a contract for purchase and resale and allows the customer to make purchases without having to take out a loan and pay interest. Islamic Bank purchases the goods for the customer, and re-sells them to the customer on a deferred basis, adding an agreed profit margin. The customer then pays the sale price for the goods over instalments, effectively obtaining credit without paying interest. Sayyid Tahir 10 Islamic Banking and Finance Islamic leasing : Leasing or ijara is also frequently practiced by Islamic banks. Under this mode, the banks would buy the equipment or machinery and lease it out to their clients who may opt to buy the items eventually,(Hire Hire Purchase) in which case the monthly payments will consist of two components, i.e., rental for the use of the equipment and installment towards the purchase price. The description given above, contains the following essential ingredients for outlining the basic rules under Shari'ah: That there has to be a valuable use of the asset and transferability of that usufruct. That the ownership of the asset is retained by the transferor or lessor throughout the lease period. Consumable cannot be leased. That the risk and liabilities of ownership lie with the lessor. The leased asset shall remain the risk of the lessor throughout the lease period. Any loss or harm caused by factors beyond the control of the lessee shall be borne by the lessor That the risk and liabilities associated with the use of the asset shall be borne by the lessee 11 Islamic Banking and Finance Islamic Forward Modes : •Istisnaa Istisnaa (manufacturing) Is a contract to acquire goods on behalf of a third party where the price is paid to the manufacturer in advance and the goods produced and delivered at a later date . •Bai'salam Bai'salam ( prepaid purchase) A contract in which advance payment is made for goods to be delivered later on. The seller undertakes to supply some specific goods to the buyer at a future date in exchange of an advance price fully paid at the time of contract. It is necessary that the quality of the commodity intended to be purchased is fully specified leaving no ambiguity leading to dispute. 12 Islamic Banking and Finance Difference between Islamic & Conventional Banking SUMMARY: An Islamic bank is a deposit-taking banking institution whose scope of activities includes all currently known banking activities, excluding borrowing and lending on the basis of interest. On the liabilities side, it mobilizes funds on the basis of a Mudarabah or Wakalah (agent) contract. It can also accept demand deposits which are treated as interest-free loans from the clients to the bank. and which are guaranteed. On the assets side, it advances funds on a profit-and–loss sharing or a debt-creating basis, in accordance with the principles of the Sharīah. It plays the role of an investment manager for the owners of time deposits, usually called investment deposits. In addition, equity holding as well as commodity and asset trading constitute an integral part of Islamic banking operations. An Islamic bank shares its net earnings with its depositors in a way that depends on the size and date-to-maturity of each deposit. Depositors must be informed beforehand of the formula used for sharing the net earnings with the bank. 13 Islamic Banking and Finance Difference between Islamic & Conventional Banking Sayyid Tahir 14 Islamic Banking and Finance Categories of Account : At the deposit end of the scale, Islamic banks normally operate four broad categories of account : •The current account •The savings account •Investment accounts •Special investment accounts 15 Islamic Banking and Finance Islamic Sukuk ( Bonds): Is commonly described as an “Islamic bond”. which represent an undivided beneficial ownership of an underlying asset, Sukuk is a Trust certificate in which investor returns Certificates ficates of equal value are derived from legal or beneficial ownership of assets . Certi representing proportionate ownership of tangible assets or usufructs usufructs or services or of the assets of a project or in an investment activity. (AAOIFI) •Kinds Kinds of Sukuk : • Sukuk representing ownership in tangible assets (mostly based on Sale and Lease back or direct lease) • Sukuk representing Usufructs or Services (based on sub lease or sale of services) • Sukuk representing equity share in a particular business or investmen investmentt portfolio (based on Musharakah/ Musharakah/ Mudarabah) Mudarabah) • Sukuk representing receivable or future goods (based on Murabaha or Salam ) Istisna’ Istisna’). 16 Islamic Banking and Finance Typical Sukuk Structure for sale and leaseback… leaseback… Hamad Rasool 17 Islamic Banking and Finance Flow of Funds - Acquisition & Rentals Hamad Rasool 18 Islamic Banking and Finance Flow of Funds - Repayment & Maturity Hamad Rasool 19 Islamic Banking and Finance Sukuk AlAl-Ijara based Model ( Example) Hamad Rasool 20 Islamic Banking and Finance Typical International Sukuk Mechanism – Step by step… Hamad Rasool 21 Islamic Banking and Finance Islamic insuranceinsurance- Takaful Joint guarantee, Islamic alternative to insurance, is based on the concept of social solidarity, cooperation and mutual indemnification of losses of members. It is an accord among a group of persons who agree to jointly indemnify the loss or damage that may be caused, out of the fund they donate collectively. Such a contract usually involves the concepts of Mudaraba, Mudaraba, Tabarru (to donate for benefit of others). It is based on the concept of mutual sharing of losses with the aim of eliminating the element of uncertainty. Takaful represents an important component in the overall Islamic financial financial system given its role in the mobilization of longlong-term funds and providing risk protection. Takaful is a way to reduce the financial risk of loss due to accident a and nd misfortunes. In takaful, contribution bution (premium) takaful, the participant would pay particular amount of money as contri partly to risk fund (the participants’ participants’ special account) using the concept of tabbaru (donation) and another party (takaful (takaful organization) with a mutual agreement that there would be a legal responsibility to provide for the participants a financial protection against unexpected loss, should it happen within the agreed period. 22 Islamic Banking and Finance Recapitulations in Islamic Money and banking : 1- There is no need to be concerned with supply of money as long as factors of production exist. In other words, supply of money is closely tied with availability of factors factors of production. This will necessarily lead to full employment. 2- In the absence of interest, interestinterest-based loans disappear and banks become "asset" producers. 3- The elimination of interest erodes money whirlpool, as well as any speculative demand for money. This 4- History testifies that rate of profit is much higher than longlong-term interest rates. In fact, so long as speculation is permitted they never become equal. Therefore, depositors depositors in Islamic banking system will enjoy high rates of profit, however volatile. This will somehow bridge the gap among income strata. 5- Risk of depositing in an Islamic banking system is less than that that of buying a share in stock market, This is due to several factors: (a) deposits and returns to numerous financed projects are being being pooled .Further more, risks of these projects are not of the same kind neither of the same magnitude. It follows that pooled risk is logically expected to be less than that of one individual share. (b) Two kinds of deposits can be suggested to depositors; one with with variable return and the other with fixed return. Both of these, of course, shall be compensated for by the pooled returns of the financed projects. 7- Inflation does not have an adverse effect on the balance sheet of an Islamic bank. This derives from the nature of profit and loss sharing in which the real values of of assets and liabilities would move in the same direction in the event of economic shocks. Whereas, in case of conventional banking, the purchasing power of loans decline during inflationary periods. Hence, Hence, the Islamic banking protects depositors against any decline in the real value of their (monetary) (monetary) assets.. Iraj Toutounchian, Ph.D. Banking and Finance 23 Islamic Banking and Finance Subjects in Questions 1. Time Value of Money Islamic principles differ from the capitalist theory as money and commodity have different characteristics, for instance money has no intrinsic value but is only a measure of value or a medium of exchange, it is not capable of fulfilling human needs by itself, unless converted into a commodity. 2. Trading in stocks : As long as the company’s business and financial position are acceptable, there is no reason to believe that trading in the company’s shares is not permissible. 3. legal status of loans in Islamic law : Loans are a charitable contract 24 Islamic Banking and Finance Islamic Windows in the conventional banks : •Commerz bank •Deutsche Bank •HSBC Bank •Standard Chartered Deutsche Bank … An Example: ADCB 25 Islamic Banking and Finance Thank you for attention For Questions , please contact me at : [email protected] 26
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