Title: Foreign Exchange
1(No Transcript)
2What is Islamic Microfinance ?
- Abdul Samad
- Shariah Advisor
- The Bank of Khyber
3Why Islamic Banking?
- The body which is promoted by Hiram sources is
bound to hellfire. - On the Day of Judgment, a person will not be
moved from the place where he stand until he is
asked about the sources of his income and they
way he spent it. - Purifying of the needs of life (food, drink,
clothes house etc) is one of the most important
reason for the acceptance of prayers by Allah.
4Rulings In Islam
- These 5 primary objectives follow by Shariah can
be observed though the Al Ahkam (rulings) upon
which Fiqh (Islamic Jurisprudence) rotate around.
The rulings are categorized as follows - a. Wajib (obligatory)
- e. Haram (unlawful)
- b. Mustahab (recommended) (Sunnat)
- c. Mubah (permissible)
- d. Makruh (disliked)
5Rulings
- Wajib- An obligatory action or something that
shall be performed. Anyone who leave it is
liable to gain the punishment of Allah s.w.t. in
the Here after as well as a legal punishment in
this world. - Haram- An unlawful action or the one that shall
not be performed and is strictly prohibited.
Anyone who engages in it is liable to gain the
punishment of Allah s.w.t. in the Here after as
well as a legal punishment in this world. - Mustahab- A recommended action or something that
should be performed. - Mubah- A permissible action or something that is
neither encouraged nor discouraged. - Makruh- A disliked action or something which is
abominable and should be avoided but not in
strictly prohibitory terms.
6Islam and Shariah
7Human Financial Needs
8External (Equity Debt) Financing
Equity Financing Debt Financing
Al-Musharakah (Joint Venture Profit Sharing) Uqud al-Muawadhat (Deferred Contracts of Exchange)
Al-Mudarabah (Trustee Profit Sharing) Al-Bai Bithaman (Mu)Ajil (Deferred Installment Sale)
Others Bai al-Murabaha (Cost Plus Profit Sale)
Al-Ijarah (Leasing)
Bai al-Salam (Commodity Sale)
Bai al-Istisna (Sale on Order)
Equity Market Debt Market
9Most Important Islamic Teaching Related To
Business
- Elimination of Interest (Raba)
- The prohibition of uncertainty (Gharar)
- The prohibition of Gambling (Qimar)
- The precipitation of games of chance (Maser)
- Honesty and Fair Trade (Ghishsh and Khilabah)
- Spending in the Good Cause
- Buy Back
- Two Mutually Conditional Contract
- Entitlement to profit depends on liability
- for risk
10Interest
- Interest, Usury, or Riba is forbidden in almost
all major religions of the world e.g. - Judaism
- Christianity
- Islam
11Riba in Quran
- God has permitted trade and forbidden interest.
- (The Cow Sura Al-Baqara 2275)
- O believers, fear Allah, and give up what is
still due to your from the interest (usury), IF
indeed you are true believers!!!. If you do
not do so, then take - Notice of War from Allah and his Messenger.
- But, if you repent, you can have your principal.
- Neither should you commit injustice,
- nor should you be subjected to it.
-
-
(The Cow Sura Al-Baqara 2278-9)
12Riba in Quran (Related in context to 2278)
- The only reward of those Who make War upon Allah
his Messenger, and strive after
corruption in the land, will be that they will be
- Killed
- Or, Crucified,
- Or, have their Hands and Feet on alternate sides
Cutoff, - Or, will be Expelled out of the land.
- Such will be their degradation in the world, and
- in the hereafter, theirs will be an terrible
doom. - (Quran The Table Spread - Al-Maida Chapter 5
Verse 33)
13Riba in Hadith
- The Prophet cursed
- the receiver and
- the payer of interest,
- the one who records it and
- the witnesses to the transaction
- and said They are all alike (in guilt).
- (Sources Jabir Ibn Abdullah, Muslim, Tirmidhi,
Musnad Ahmed
14RIBA
15The prohibition of uncertainty (Gharar)
- There are strict rules in Islamic finance against
transactions that are highly uncertain or may
cause any injustice or dishonesty against any of
the parties. - The concept of Gharar has been broadly defined by
the scholars in two ways. - First, Gharar implies uncertainty.
- Second, it implies dishonesty.
16Classical Examples of Gharar
- Selling goods that the seller is unable to
deliver - Selling known or unknown goods against an unknown
price, such as selling the contents of a sealed
box - Selling goods without proper description, such as
shop owner selling clothes with unspecified sizes
- Selling goods without specifying the price, such
as selling at the 'going price' - Making a contract conditional on an unknown
event, such as when my friend arrives if the time
is not specified - Selling goods on the basis of false description
- Selling goods without allowing the buyer the
properly examine the goods - The Prophet (pbuh) prohibited the pebble sale and
the Gharar sale.
17Qimar
- Qimar includes every form of gain or money, the
achievement of which depends purely on luck and
chance. - All Lotteries and Prize schemes based purely on
luck come under this prohibition. - O ye who believe! Intoxicants and gambling,
sacrificing to stones, and (divination by)
arrows, are an abomination, of Satans
handiwork.. (590-91) - He who played Qimar has disobeyed Allah and His
Messenger. (Ibn Majah )
18Honesty and Fair Trade (Ghishsh and Khilabah)
- Thus Manipulations and Mismanagement like
Hoardings - Black marketing
- Cheating
- Profiteering
- Short weighting
- Hiding the defective quality of the goods are
prohibited in Islamic Financial System. - The prophet (PBUH) said the truthful
- honest merchants are with the prophets
- In the Day of Judgment.
19Spending in the Good Cause
- The Islamic economic approach is one, which is
directed towards the achievement and
actualization of justice in human relations. - The result of this effort is falah or success and
salvation, and hayah tayyibah or good life in
this world and the hereafter. - So Islamic banks dont permute to establish any
relation with commodities, services and
individuals whose moral practices are doubtful - Some people spend Allahs wealth (i.e. Muslims
Wealth) in an unjust manner, such people will be
put in the (Hell) fire on the day of
resurrection (Bukhari and Ahmad)
20Buy Back
- The financier sells an asset to the customer on a
deferred-payment basis, and then the asset is
immediately repurchased by the financier for cash
at a discount.
21Two Mutually Conditional Contract
- Two mutually contingent contract have been
prohibited by the holy prohibited by the holy
Prophet (pbuh). - The sale of two item in such a way that one who
intends to purchase good is obliged to purchase
the other also at any given price. - One sale transaction with tow prices.
- Combining sale and lending in one contract.
22 23WHAT IS BANK?
- The name bank derives from the Italian word banco
"desk/bench. - In practice, the word Bank means an institution
which borrows money from people and lends money
to people for interest or profit and provided - other financial services.
24BANKS ENGAGE IN THE FOLLOWINNNG ACTIVITIES.
- Accepting money
- Processing of payments by way of telegraphic
transfer, internet banking, or other means - Issuing bank drafts and bank cheques
- Lending money
- Providing documentary and standby letter of
credit, guarantees, performance bonds, securities
underwriting commitments and other forms of off
balance sheet exposures - Safekeeping of documents and other items in safe
deposit boxes
25WHAT IS ISLAMIC BANKING?
- Islamic banking has been defined as banking in
consonance with the ethos and value system of
Islam and governed, in addition to the
conventional good governance and rick management
rules by the principle laid down by Islamic
Shariah.
26Comparison of the Islamic and Conventional
systems
- Conventional Banking
- Conventional Banks take deposit on interest basis
and lend on the basis on interest. A part of
interest is paid to the depositors and the
remaining interest is left for the bank as its
income. If this residual is more than its
expenses, it will have Net Income otherwise it
will have Net loss. - Islamic Banking
- Islamic Banking accepts deposits on PLS basis and
invest in Shariah based modes. Whatever is the
profit, it is shared with depositors. If there is
a loss it will also be shared.
27OBJECTIVES OF ISLAMIC BANKING
- Shariah compliant banking, to enable Muslims to
do their banking transaction a Halal way. - Achieving the goals and objectives of an Islamic
economy.
28Types of contract
29COMPONENTS OF VALID SALE
SALE
CONTRACT
SUBJECT MATTER
PRICE
POSSESSION
- Offer/Acceptance
- Buyer/Seller
- Existence
- Ownership
- Possession
- Valuable
- Halal Purpose
- Instant and absolute
- Unconditional
30DERIVATION OF MURABAHA
- The word Murabaha has been derived from the
Arabic word Ribah, which has literary meaning
of profit. - The Murabaha can be denoted as Sale With
Profit.
31DEFINITION OF MURABAHA
-
- Murabaha is a particular kind of sale where
Seller expressly mentions the cost it has
incurred on purchase of the Asset(s) to be sold
and sells it to another person by adding some
profit, which is known to Buyer.
32Musawamah
- Musawamah is a general kind of sale in which
price of the commodity to be traded is stipulated
between seller and the buyer without any
reference to the price paid or cost incurred by
the former. Thus it is different from Murabaha in
respect of pricing formula. - Unlike Murabaha, seller in Musawamah
- is not obliged to reveal his cost.
33- VARIOUS
- MODELS OF MURABAHA FINANCE
34- MODEL - I
- TWO PARTY REALTIONSHIP
- Bank Customer
- MODEL - II
- THREE PARTY RELATIONSHIP
- (Bank-Vendor) and Customer
- MODEL - III
- THREE PARTY RELATIONSHIP
- Bank and (Vendor-Customer)
35MODEL - I
- The simplest possible Model emerges when the
transaction involves two parties only, i.e Bank
and the Customer. - The Bank is also vendor and sells the Asset(s) to
its Customers on deferred payment basis. - From Shariah perspective it is an ideal Model
and its profits are fully justified because Bank
assumes all risks as Vendor/Trader.
36MODEL I GRAPHICAL PRESENTATION
2
Customer
Bank/Vendor
1
3
37MODEL I - PHASES
- Phase 1
- The customer approaches Bank (Vendor) and
identifies Asset(s) and collects relevant
information including cost and profit. - Phase 2
- Bank sells Asset(s) to the Customer, transfer
risk and ownership to the Customer at certain
Murabaha Price. - Phase 3
- Customer pays Murabaha Price in lump sum or in
installments on agreed dates.
38MODEL - II
- In most cases Murabaha Transaction involves a
third party (i.e. Vendor) because Bank is not
expected to engage in sale of variety of products
required for variety of Customers. - The Bank directly deals with the Vendor and
purchases the Asset(s).
39MODEL II
- The Bank sells the purchased Asset(s) to the
customer on cost plus basis. - There are two distinct sale contracts at
different point of times. First between Bank and
Vendor and second between Bank and the Customer.
40MODEL II GRAPHICAL PRESENTATION
Vendor
3
1
4
Customer
Bank
5
2
6
41MODEL II - PHASES
- Phase 1
- Customer identifies and approaches the Vendor or
Supplier of the Asset(s) and collects all
relevant information. - Phase 2
- Customer approaches the Bank for Murabaha
Financing and promises to buy the Asset(s). - Phase 3
- The Bank makes payment to vendor directly.
42MODEL II PHASES
- Phase 4
- Vendor delivers the Asset(s) transfers the
ownership of Asset(s) to the Bank. - Phase 5
- Bank sells the Asset(s) to Customer on cost plus
basis and transfers ownership. - Phase 6
- Customer pays Murabaha Price in lump sum or in
installments on agreed dates.
43MODEL III BANKING MURABAHA
- This Murabaha Model is mostly practiced model in
Banking now a days and therefore we will look at
it in more detail. - We will also look at the documentation required
at different stages of the transaction. - It is also a three-party structure but it is bit
complicated than previous ones.
44MODEL III BANKING MURABAHA
- The product of Murabaha that is being used in
Islamic Banking as a mode of finance is something
different from the Murabaha used in normal trade
. - It is called Murabaha to the Purchase Orderer .
45MODEL III BANKING MURABAHA
- It is a bunch of contracts completed in steps and
ultimately suffices the financial needs of the
client. - THE SEQUENCE OF THEIR EXECUTION IS EXTREMELY
IMPORTANT TO MAKE THE TRANSACTION SHARIAH
COMPLIANT.
46MODEL III GRAPHICAL PRESENTAION
Vendor
3
4
5
5
Bank
Customer
2
6
Offer
Acceptance
1
7
47PHASE I PROMISE TO PURCHASE AND SELL
- The Customer approaches the Bank for Murabaha
Finance and promises to purchase the Asset(s)
from the Bank which, the Customer will purchase
as an Agent of the Bank. - Master Murabaha Finance Agreement (MMFA) shall be
signed by the Bank and the Customer at this
stage. This is basically a Memorandum of
Understanding between two parties.
48PHASE II APPOINTMENT OF AGENT
- In the absence of expertise required to purchase
particular kind of Asset(s), the Bank appoints
Customer as its Agent to buy Asset(s) on its
behalf - Types of Agency Agreement
ON ASSET BASIS
ON TIME BASIS
- Global Agency
- Specific Agency
- Limited Period
- Open Ended
49PHASE III IV PURCHAHSE OF ASSETS BY AGENT
- The Customer identifies the Vendor, selects the
Asset(s) on behalf of the Bank and advice its
particulars, including the Vendors name and
purchase price to the Bank. - If the supplier is nominated by the Customer
itself, guarantee for good performance can be
demanded from - the Customer.
50PHASE III IV PURCHAHSE OF ASSETS BY AGENT
- The Customer takes possession of the Asset(s) as
an Agent of the Bank. - It is the obligation of the Customer(Agent) to
ensure, at this stage, that Asset(s) supplied is
in accordance with the given specifications. - To ensure that a fresh Asset(s) are purchased by
the Agent, Banks staff should verify actual
purchase of Asset(s).
51PHASE III IVDOCUMENTATION
- DECLARATION FROM CUSTOMER (AGENT)
- The Customer (Agent) will inform the Bank,
through this document, that it has taken the
possession of Asset(s) on behalf of the Bank. - This Transactional Document shall be an integral
part of Master Murabaha Financing Agreement
(MMFA). - This declaration must contain the statement that
Customer has inspected the Asset(s) to ensure
that its appropriateness and suitability to the
customer.
52Steps Of Banking Murabaha
MOU ? Order Form ? Agency Agreement ? Purchase
? Payment of Purchase Price? ? Possession ? Offer
and Acceptance (Declaration) ? Payment of
Murabaha Price
53Short/ Medium Term Financing (Murabaha)
Supplier
3. Customer buys the goods as Banks agent. Cost
100
4. Disbursement of the Facility. Facility
Amount 100
- Features
- Fixed rate financing only
- Uses
- Inventory Financing
- Financing commodity purchase
- Tenor
- 12-18 months
- Risks
- Credit Risk
Customer
2. Bank appoints the Customer as its agent to buy
the goods.
1. Execution of Murabaha Agreement.
Sale
Bank
5. Under the Murabaha Agreement the Bank will
immediately sell the goods at 110 (cost plus a
profit margin) payable on a deferred payment
terms.
54SALAM
55INTRODUCTION
- There are three basic conditions for validity of
a sale in Shariah - The purchased commodity must be existing
- The seller should have acquired the ownership of
that commodity and - The commodity must be in the physical or
constructive possession of the seller. - There are only two exceptions to this principle
in Shariah - Salam (which is also called as Salaf) and
- Istisna.
56DEFINITION
- The seller undertakes to supply specific goods to
the buyer at a future date in exchange of an
advanced price fully paid at spot. - The price is paid immediately in cash but the
supply of purchased goods is deferred to a fixed
date.
57FROM WHERE SALAM STARTED
- Before prohibition of interest farmers used to
get interest based loans for growing crops and
harvesting. After prohibition of interest, they
were allowed to do Salam transactions. This
helped them to get money in advance for their
needs. - During the days of our prophet (SAAWS), the
merchants going with caravans used to get
interest based loans for purchasing the
commodities. After prohibition of interest, they
were allowed to do Salam.
58BENEFIT TO THE SELLER
- The seller gets in advance the money he wants in
exchange of his obligation to deliver the
commodity later. - He benefits from the Salam sale by covering his
financial needs whether these are personal
expenses or expenses for productive or trading
activity.
59BENEFIT TO THE BUYER
- The purchaser or the Bank gets the commodity it
is planning to trade on the time it decides. - The Bank will also benefit from the cheap prices
because usually the Salam sale is cheaper than
the cash sale. This way the Bank will also be
secured against the fluctuations of price.
60PARALLEL SALAM
- The Bank being the purchaser of Salam commodity
can further sell on Parallel Salam in a similar
manner as it has previously purchased on first
Salam without making one contract dependent on
the other. However, in such case, the date of
delivery shall not be earlier than the date of
receipt of such commodity. - The Bank also has the option of waiting to
receive the commodity and then sell it for cash
or deferred payment.
61FLOW OF SALAM TRANSACTION
62SALAM BASED FINANCIAL PRODUCTS
- Agriculture financing
- Working Capital Financing
- Commercial and industrial financing
- Export financing
- Operations and capital cost financing
63DIFFERENCE BETWEEN SALAM AND MURABAHA
Salam Murabaha
In Salam, delivery of purchased goods is deferred, price is paid on spot. In Murabaha, purchased goods are delivered at spot, price may be either on spot or deferred.
In Salam price has to be paid in full in advance. In Murabaha price may be paid on spot or deferred.
Salam is not executed in the particular commodity but commodity is specified by specifications. Murabaha is executed in particular commodity.
Salam cannot be effected in respect of things, which must be delivered at spot. e.g. Salam between wheat and barley. Murabaha can be executed in those things, subject to the conditions of hand to hand transfer and equal quantities.
64BASIC RULES
65SPECIFICATION OF COMMODITY
- The commodity (Al-Muslam fihi) should be known.
It must be monitored by specifications to the
maximum possible degree, only negligible
variation is tolerated. - It must also be ensured that the commodity is
possible to be delivered when it is due.
66SPECIFICATION OF COMMODITY
- Only those goods can be sold through Salam
contract in which the quality and quantity can be
exactly specified. In other words it can be done
only in such items which can be weighed, measured
or counted. - Salam can only be carried out in the items in
which variations in numbers make no difference.
67DELIVERY CONDITIONS
- Due date of delivery must be agreed at the
commencement of the contract. - The place of delivery should also be known. If it
is not known, the place where the contract took
place shall be considered to be the place of
delivery, unless it is impracticable. In such a
case, the place of delivery shall be decided
according to customary practices.
68DELIVERY CONDITIONS
- Before delivery, goods will remain at the risk of
seller. - After delivery, risk will be transferred to the
purchaser. - Possession of goods can be physical or
constructive. - Transferring of risk and authority of use and
utilization / consumption are the basic
ingredients of constructive possession.
69SALE BEFORE POSSESSION
- Commodity purchased under Salam can not be sold
earlier than taking possession thereof. However,
a very small school of though is of the view that
this restriction should apply to the food
commodities only. - These commodities can, however, be sold under
parallel Salam or may be promised to be sold at a
future date.
70PARALLEL SALAM
- There must be two separate and independent
contracts, one where the Bank acts as buyer and
other in which it is a seller. - The two contracts cannot be tied up and
performance of one should not be contingent on
other.
71BUY BACK
- Salam arrangement cannot be used as a buy back
facility where the seller in the first contract
is also the purchaser in the second. - Even if the purchaser in the second contract is a
separate legal entity but owned by the seller in
the first contract, it would not tantamount to a
valid Parallel Salam agreement.
72Ijarah- Concepts
- An Ijara is a lease purchase contract in which a
financial institution purchases capital equipment
or property and leases it to an enterprise. The
financial institution may either rent the
equipment or receive a share of the profits
earned through its use. - Ijara wa-Iqtina is the same as Ijara except that
the lessees can acquire ownership of the asset by
making installment payments. The responsibilities
of the various parties to an Ijara wa-Iqtina
contract are given below - The bank buys the assets from the vendor
- The bank then leases the asset to the customer
- The bank collects periodic rentals
- The title of the asset remains with the bank
under an operating Ijara. - Title passes to the customer under an Ijara
muntahia bittamleek, either gradually over the
period of the contract or at the end.
73Procedure of Banking Ijarah
- Undertaking to Ijarah
- ?
- Agency Agreement
- ?
- Purchase
- ?
- Payment of Purchase Price
- ?
- Lease Agreement
74Finance Lease (Ijarah)
- Features
- Floating rate financing possible
- Can be used for refinancing
- Uses
- Financing Capital Expenditure
- Financing Big Ticket items like Aircraft, VLCCs,
LNG Carriers, etc. - Tenor
- 5-7 years
- Risks
- Credit Risk
- Performance Risk
- Cost Overruns
- Ownership Risk
Manufacturer / Supplier
1. Customer buys the property as Banks agent.
Cost 100
3. Disbursement of the Facility. Facility
Amount 100
Customer
4. Bank appoints the Customer as its agent to buy
the property.
2. Execution of Ijara Agreement
Lease
Bank
5. Under the Ijara Agreement the Bank will lease
the property immediately.
75Ijarahillustrative deal
- Ijara is used to raise finance against an asset
- XYZ Real Estate Deal Sale/leaseback of existing
properties to fund construction of new buildings - Client sells its existing asset to the Bank. The
sale can be a beneficial transfer of ownership or
actual legal title transfer - Bank leases the asset back to the client for the
period of financing, against periodic lease
rentals. - The rentals will comprise of only profit (during
grace period) and both profit and principal
payments (during amortisation period). The profit
can be linked to a floating rate index, such as
Libor. - At the end of the term, Bank transfers the asset
back to the client either as a gift or at a
nominal sum or at the termination price (if
bullet repayment). - During the lease period, Bank is liable for
insurance and major maintenance as owner of the
property. However, Bank can appoint the client as
its agent to perform these tasks
76MUZARA'A
- Muzaraa is partnership in crops in which one
party presents land to another for cultivation
and maintenance in consideration for a common
defined share in the crop.
77MUZARA'A
- It can take several forms.
- For instance, contract based arrangement can
specify that land and other physical factors of
production for the enterprise could come from one
party while labor could be provided by the other
party. - Incidence of a three-party in which the first
party provides land, the second provides a
combination of required physical inputs, and the
third provides labor.
78MUZARA'A
- The location and characteristics of the land to
be cultivated under Muzara'a must be clearly
identified and submitted to the party that is to
implement the operation. - The production goal of the enterprise must be
defined in terms of end products i.e. crops or
live stock to be grown. - The period in which the Muzara'a contract is to
be effective must be defined.
79MUGHARASA
- Mugharasa (agricultural) partnership is a
partnership in which one party presents a
treeless piece of land to another to plant trees
on it on the condition that they share the trees
and fruits in accordance with a defined
percentage.
80MUGHARASA
- The functions and obligations of each individual
or party in the contract must be clearly and
unambiguously defined. - The location and characteristics of the land to
be cultivated under Mugharasa must be clearly
identified. - The production goal of the arrangement must be
defined in terms of end products. - The period in which the Mugharasa contract is to
be effective must be defined. - Method of distribution of output must be stated
clearly in the contract.
81Summary of the Presentation
- Islamic Banking is a system where deposits
collected on profit loss sharing basis are
invested in profitable Projects using any Shariah
based mode and their net income/loss is shared
between the depositor and the bank. - It has three parts.
- Collection of deposits on pls basis.
- Investing deposits in profitable ventures using
shariah based modes. - Distributing profit and loss among depositors and
the bank.
82(From Economists Point Of View)
- It is the pooling of cash resources (means) of
the economy and diverting it to projects which
have the greatest positive impact on the GNP and
distributing the benefits of increased GNP among
the segments of the economy. - It has three parts.
- Pooling of cash resources.
- Diverting it to projects which have positive
impact on GNP - Distributing GNP benefits to resource providers
- Benefiting the Different segments of the economy
through increased GNP
83Funds supply summary of possible ways in Islam
84 POOL OF FUNDS
Bank Equity
Operational Expenses
PLS Depositors
Investment
Income/Loss from Investment
Income from non fund business
SBP
Current Deposit
Current Deposit
Idle fund
Reserves
Distributable Income
Equity
Depositors PLS
85Comparison of the Islamic and Conventional systems
- Conventional Banking
- Equation of Banks Failure
- Admn Exp Interest Exp gt Total Income Reserves
- Equation of Banking System Failure
- Admn Exp Interest Exp gt Total Income Reserves
Equity - Islamic Banking
- Equation of Banks Failure
- Operational Losses gt Reserves PLS Deposits
- Equation of Banking System Failure
- Operational Losses gt Reserves PLS Deposits
Equity - Operational Losses
- Operational Losses Income (Losses) from Invest
Admn Exp
86Thank You