Group members
Asad Mehmood
Hamza Bhatti
Sulaiman Akram Hisan Asif
Banking according to Islamic values Interest free banking Prohibit unethical practices Basic features of Islamic finance that effect the products
The Philosophy of Islamic Finance
Based on prohibitions and encouragements
Asset backed transaction Structure revolves around riba and profit
Exchange transaction allowed
I.Fungible II.Non fungible Investment consider when it is part of real activity Deposits, Government bonds and other financial document
consider un Islamic
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Excessive risk taking not allowed Transparency issues Above discussion three rules stem from it:
Avoiding Interest ii. Avoiding Gharar iii. Avoiding Gambling
i.
Avoiding Interest
Two verses serves as fundamental building block of Islamic theory Charge premium on loan or look for compensation Pricing the goods Once debt created you wont demand for more
Avoiding Gharar
Means uncertainty Three ways it could be used Current practices of institutions is un Islamic; Futures and
options Prohibits speculative trading IFIs should disclose information Trading derivatives grey area
Avoid Gambling
Prize bond and lotteries comes under it Chance and disproportionate prizes
Certain schemes are prohibited
Futures and options are prohibited
Alternative Financing Principles
In absences of interest following tools are there to do business: i. Mudharbah ii. Musharka iii. Murabaha iv. Salam v. Ijarah vi. Istisnaa
Security/Collateral
Bank can ask for collateral Bank can ask for security
Bank not entitled to it
Islamic banks products are non liquid
Valid Gains on Investment
Profit is reward Association with tangible real asset
Money is not capital
All pre-fixed returns are not Riba
Not necessary income is variable
Look nature of transaction Good could be sold at higher prices
Various transaction are discussed below:
i. Bai ii. Hibah
iii. Ribah
iv. Ijarah
Variables Rates on Investment
Shirkah provides variable return Investor could get quasi fixed return
More risky
Liberty to determine profit and loss
Benchmarks
Essential for the regulation of contract
Makes effective and transparent i. Ujrat ul mithl
ii. Riba al mithl
iii.Qirad al mithl iv.Musaqat mithl
Mithl means compensation
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Only one reference for conventional bank
Two reference used in IFIs Both system use same benchmark
Introduction
Al Kharaj bi-al-Daman the criteria of legality of any
return on capital
one has to bear loss, if any, if he/she wants to attain
profit over any investment.
Investment is not merely the financial one, rather
financial investment will be considered only if it is part of a real activity.
Important points
Reward should depend on the productive behavior of
the investment.
E.g in loans, there is not entitlement to any profit as
the creditor goes back to the original amount irrespective of the amount which the debtor incurred as loss in the business.
Important points
Islamic banks deal with documents with particular
attention to Shariah compliance, they use documents to facilitate sales and lease transactions.
Transfer of ownership: For the transfer of an assets
ownership, there must exist separate sale and gift agreement.
Important points
Islamic banks cannot accept fees against lending
operations but they can/may offer services against service charges or management fees.
Important points
Islamic banks have to ensure transparency in
documentation in the process of conducting its transactions. The Islamic bank disclosure system is rigorous as their role is not limited to that of a passive financier but they also finance for physical assets like machinery, etc. Asset risks involved in Modarba and Ijara
Important points
Internal controls and Risk Mitigation needs to be
upgraded, etc. Mitigation of Risk would require sound Islamic Financial expertise and Shariah board compliance. Debt has to remain a part of Islamic financial institutions while providing financial facility through trading activities, create a debt that is genuinely shown in their balance sheets.
Important points
The only point that should be kept in mind is that in
debt there should not be any interest incurring. (Islamic perspective example) EXCHANGE RULES: the famous Hadith of the Holy Prophet (PBUH) has laid the foundation of these rules. (for the exchange of six commodities) (explanation with Islamic terms, continued).
TIME VALUE OF MONEY IN ISLAMIC FINANCE
There is concept of time value of money in Islam, but within some limitations. Credit price of commodity can be greater than the cash price, but price should be settled before separation. (clearly define in Sharah)
The only prohibition is any addition to the price once agreed because of any delay in its payment.
The difference between cash and credit price of commodity should be considered on the genuine market practice. Both time and place have impact on the price of commodity, but it is acceptable in Sharah if done by genuine market forces. Sharah also prohibits mutual exchanges of gold, silver or monetary values except when it is done
simultaneously.
There is also forward contract known as Salam.
In Salam commodity is bought for immediate
payment but delivery is done in future.
Time valuation can only be done in business and
trade Goods not in the exchange of monetary values and loans or debts. Islamic
MONEY, MONETARY POLICY AND ISLAMIC FINANCE
The status, value, role, function of money is different in Islamic finance as comparing to conventional finance.
In conventional finance money is considered as commodity, while in Islam it is taken money as a medium of exchange.
Status of Paper Money
Money only for exchange and payments and not for itself, as it has no intrinsic value.
Notes of any particular currency can be exchanged equal for equal Linking money to productive purposes brings into action labor and other resources bestowed by Allah (SWT) to initiate a process from which goods and services are produced and benefits passed on to society.
Trading in Currencies
Its is conformed that paper money cannot be sold or bought like goods. The Sharah treated money in two scores
i.
money (of the same denomination) is not held to be the subject matter of trade, like other commodities. If for exceptional reasons, money has to be exchanged for money or it is borrowed, the payment on both sides must be equal
ii.
Fluctuation
Currency rate
effect of currency appreciation & depreciation
Settlement of debts
Islamic point of view
Summary
Islamic Finance ???
Conditions that contract should not contain. Riba Gharar Qimar
Summary
Islamic Shariah does not prohibit all the gains on capital.
The prohibition of risk free return and permission to trade. The Islamic banking system is based on risk sharing.
Summary
Once the bank have stable stream of halal income.
Depositor will also receive stable and halal income.
Demand deposit vs. Investment deposit
Demand : no participation in PL. Investment: mobilize on the bases of PLS
Summary
Permission w.r.t cash
Prohibition w.r.t loaning
Permission w.r.t leasing
Silent Features Of Islamic Finance
All gains on principal are not prohibited.
Lending is a virtuous act. Entitlement to profit is linked with the liability of risk of
loss Differentiating
Trading Loaning Leasing
MAJOR FINDINGS
A fixed return in the pricing of goods
Islamic banking is also a business. The cash and credit prices of commodities are different, its
normal in trade. Trade profit is permissible. Preferable modes of financing.