Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
PRINCIPLES OF ISLAMIC BANKING Mustafa Dereci Group Manager Retail and Business Banking Marketing and Product Development OCTOBER 2011 Islamic Economy and Other CALIBRI BOLDPractices 42 pt → What is economics? “To utilize the limited resources in a way that maximum needs and wants are met to ensure the well being of all members of the human society.” → The four basic economic problems: 1. 2. 3. 4. Determination of Priorities Allocation of Resources (Land, Labor, Capital, Entrepreneur) Distribution of Income Development Islamic Economy and Other CALIBRI BOLDPractices 42 pt Problems Capitalism Every individual has unconditional & absolute right to participate in any business to maximize profits • No individual has the right to participate in any business independently. • Concept of collective interest. • Concept of Selfish Interest • • Supply & Demand will determine the priorities. State will determine the priorities as per the overall planning. Allocation of Resources • Market forces will decide where to invest resources • Govt. will decide where to allocate resources Development • Market forces will decide • Govt. will decide Distribution of Income • Land - Rent / Capital- Interest • Land – Rent fixed by Govt. • Labor – Wages / Entrepreneur- Profits • Labor – Wages fixed by Govt. Right to Wealth Right to wealth is with the factors of production only. Determination of Priorities • Socialism Right to wealth is with the Govt. which then distributes it among the factors of production. Problems of Capitalism CALIBRI BOLD 42 pt → No bindings/ restrictions while maximizing profits. → Blindly follows market forces that creates exploitation of labor & poor people. → No moral value limitations. → Monopolies & Cartels are created that exploit the society as a whole. → Government & Industrialists join hands for mutual benefit and make laws that exploit common people. → Imbalance in the distribution of income due to which concentration of wealth takes place. Problems of SocialismBOLD 42 pt CALIBRI → The other extreme of not even giving the natural freedom. → Perfect Planning is assumed to be the “Cure of all ills”. → Governments are assumed to be angels which can’t commit a deliberate mistake. → Cannot work without forceful dictatorship. → Creates overall inefficiency in the society. There is no incentive to work efficiently as there is no individual profit motive. Islamic Economy CALIBRI BOLD 42 pt → Islam is a Deen which gives guidance for Aqaid, Ibadat, Mu’ashrat, Akhlaq & Mu’amalat. → Hidaya- famous nook of Fiqh has 70 % portion dedicated to Mu’amalat. → The humanitarian goal of achieving the well being of all members of the human family cannot be attained by concentrating primarily on the material constituents of well-being and making maximization of wealth as the main objective of Economics. Islamic Economy CALIBRI BOLD 42 pt → It is also necessary to raise the spiritual content of well being and reduce all the symptoms of anomie, like family disintegration, heavy interest based debt payments, conflict and tensions, crime, alcoholism, drug addiction, and mental illness, all indicating lack of inner happiness and contentment in the life of individuals. → Optimization of human well-being as per the divine guidelines of Allah. → Islam accepts the market forces of supply and demand- Reference of Holy Quran. → Islam accepts the right to private property and accepts the right to maximize profits. But these rights are not unbridled and un conditional rather there are some prohibitions. Islamic Economy CALIBRI BOLD 42 pt → In Islam there are three factors of production 1.Land 2. Labor 3. Entrepreneur → Entrepreneur & Capital is a single factor of production. → As interest is Haram hence the risk of profit & loss is with the capital. → Anyone investing capital must also take the risk of the investment. → In both Capitalism & Socialism the right to wealth is with those factors of production only that have taken part directly in the process of production. → Islam believes that the original ownership of everything is with Allah and without Allah’s “Taufeeq” no factor of production can produce anything. Locating Islamic Economy Locating Economics & Finance Within Islam ISLAM AQIDAH (Faith & Belief) SHARI’AH (Practices & Activities) IBADAT (Human Worshipping to Almighty God) POLITICAL ACTIVITIES AKHLAQ (Moralities & Ethics) MUAMALAT (Human-to-Human Activities) ECONOMIC ACTIVITIES OTHER ECONOMIC ACTIVITIES SOCIAL ACTIVITIES BANKING & FINANCIAL ACTIVITIES Basic Principles of Islam • • • • The Islamic worldview is based on tahwid (the oneness of God), risalah (God’s prophets as the source of Divine Guidance), akhirah (life-after-death, that is the continuity of life beyond death and a system of accountability based on Divine Law) It provides for freedom of action whereby each individual is viewed as an integral part of the whole. Individuals are expected to establish justice (‘adl) and promote beneficence (ihsan), resulting in attaining high levels of good life (hayat al-tayyebah) , both individual and collective. It aims to strike an appropriate balance between the needs of present and future generations (need fulfillment; respectable source of living; equitable distribution of income and wealth; growth and stability) Basic Principles of Islam • • • • • Accountibility before Allah Free-will (Ihsan) Responsibility (Fard) Divine arrangements (Rububiyya) Purification (tazkiyya) Implications of the Basic Principles • • • • • Human beings can only proclaim credit for what he/she produces.. The needy and society have a right too; zakah, etc… Responsible use of rightful earnings by keeping the moral purposes of human beings in view; Individuals must not prevent others in society and nature from meeting their basic biological needs All people should have equal opportunities, without discrimination, to benefit from environmental and public resources. The creation of wealth, work, earning and production is necessary and good. What makes wealth bad is firstly, its single-minded pursuit; its misuse, abuse, conspicuous consumption, wastage or israf; and squandering or tabhdir; its exclusiveness to oneself and denial of the share of the society (zakah and other forms of sharing); and the use of socially and ethically wrong or unjust means to produce it – the immoral, prohibited modes, oppressive exploitation of human beings and creation of ecological imbalance or environmental disruption. The Operational Impacts Of Islamic Economy • • • • Islamic economic and financial system, on the one hand, aims to guarantee individual liberty, freedom of choice, private property and enterprise. On the other hand, it seeks to provide effective moral filters at different levels of life and activity and established institiutions in the voluntary sector, as well as through state apparatus to ensure economic development and social justice in the society. Islam does not prescribe a particular economic system but provides the core elements and principles, which form the basic philosophy of a system or an economy. Islam provides primarily normative principles for economics and finance. Islamic Finance-Main Considerations CALIBRI BOLD 42 pt →Divine Prohibitions Islam has prohibited some economic activities that are not allowed at any time at any place.( interest, gambling, hoarding, adultry, alcohol etc.) →Govermental Restrictions Islam allows Govt. to intervene where it feels appropriate , but these restrictions are temporary as per the need of the time. →Moral Considerations & Restrictions Life in this world is temporary and there is an eternal life hereafter. Islamic Finance-Main Considerations CALIBRI BOLD 42 pt →As interest is prohibited the risk of profit & loss is with the capital. → Anyone investing capital must also take the risk of the investment. → Islam ensures equitable distribution of wealth through the concept of primary and secondary ownership Islamic Banking CALIBRI BOLD 42 pt Islamic Banking is interest free Asset Backed banking governed by the principles of Islamic Shariah → Islamic Banking distinguishes from Conventional Banking in four basic principles: 1. 2. 3. 4. Interest Free Transactions Risk Sharing Asset & Service Backing Contractual Certainty( Gharar free contracts) Islamic Banking CALIBRI BOLD 42 pt → Financiers are linked to the underlying transaction → Money is not a “Commodity” in itself, merely reflecting “Time Value” for a return → Gold and silver are not commodities, they are considered as money Core Basic Tenets Of Islamic Finance • • • • If something is immoral, one cannot profit from it To share reward, one must also share risk One cannot sell what one does not own In any transaction, one must clearly specify what he/she is buying or selling and what price is being paid; Haram + Haram ≠ Halal Haram + Halal ≠ Halal Thus: Islamic finance aims at removing speculation and ensuring value-enhancing activity Islamic Finance as an Ethical Solution Tenet Bound: - Fundamental tenants are derived from Sheriah - Absence of interes-based interactions - Avoidance of economic activity involving speculation - Prohibition on production of goods and services which contradict the values of Islam Principles based: - Concept is grounded in ethics and values - Ethical investing - Emphasis on risk-sharing and partnership contacts - Credit and debt products are not encouraged Real Economy linked: - Islamic finance offers an alternative financing paradigm - Asset- backed transactions with investments in real, durable assets - Stability from linking financial services to the productive, real economy - Restrains consumer indebtness as credit is linked to real assets Society Service: - Islamic banking is community banking - Serving communities, not markets - Open to all-faith clients - Instruments of poverty-reduction are inherent part of Islamic finance (zakat & qard hasan) Thus, Islamic finance in essence a value and moral proposition and more than financial contracts. Islamic Banking Positive Impacts • Promoting the investment mindset as opposed to the banking mindset: – Investing in real assets rather than promoting speculation and leverage • Making meaningful real economy impact – Investing in asset-backed instruments and real economy values • Engagement of an under-served and previously un-banked market – Providing an ethical banking solution to local communities to deepen the banking market • Attracting foreign investment and cross-border partnership from Islamic financial institutions – Attractive source of cross-market ventures and cross-border lines from Muslim countries Prohibited Activities – Conventional banking & Insurance – Alcohol – Pork – Defence – Gambling – Adult Entertainment – Tobacco – Other non-accepted activities as defined by the Sheri’ah Board Controversies In Sheriah Governance • • • • • • • • • • Conflicts of interest Confidentiality Fees (Scholars for dollars?) Scarcity of scholars Vs. High Demand Finding problems or finding solutions Dialogue between the deaf? Consistency issues Who takes the blame? Expectation management Resource planning Challanges In Sheriah Governance • The scholars of different schools of thoughts (Madhabs) with different interpretations and opinions • The number of scholars qualified in the jurisprudence of dealings (Fiqh-ulmuamalat) relatively limited • The level of familiarity of the scholars with modern day financial services is limited • Most of the management of IFI’s coming from conventional backgrounds with no or very little understanding of Shariah • The expectations of the stakeholders (regulators, shareholders, customers & the management of IFI’s) from Islamic finance are very unrealistic Typical Balance Sheet of an Islamic Bank Liabilities Assets Capital 15 PLSA Current Accounts 70 15 Total 100 Murabaha Istisna Ijarah Salam Musharakah Mudharabah 90 2 5 1 1 1 100 How is Islamic Finance Different from Conventional Finance? • Conventional financial institutions operate within a system based on debt and transfer of risk • This raises the probability of disconnecting financial instruments from their underlying assets • Some of the financial tools created to share risk actually resulted in a concentration and intensification of risk • In contrast, Islamic finance emphasizes asset-backing for transactions and is anchored on the principle of risk sharing • Shariah principles ensures a direct link between financial transactions and real sector activities • Shariah principles also prohibit (Gharar), the use of excessive leverage and avoids many forms of controversial complex securitization Performance of Islamic Finance During the Crisis • Islamic banks escaped the direct impact of the crisis, as they were not exposed to sub-prime and toxic assets • A recent IMF Working Paper* found that the business model of Islamic banks helped them to mitigate the impact of the crisis • As Islamic banking services are more connected to the real sector, initially performed well during the crisis yet were severely hit by the second round effects: BÖLÜM BAŞLIĞI PRODUCTS & SERVICES CALIBRI BOLD 42 pt R E TA I L B A N K I N G P R O D U C T S & S E R V I C E S Credits Products 1 Car Finance 2 Real Estate Finance 3 Car Showroom 4 Home Renovation Finance 5 Home Appliances Finance 6 Car Renovation Finance 7 8 Education Finance Travel Finance 9 Boat Financing 10 Small Business Module Done Processing Pending 8 9 10 11 12 13 14 15 16 17 18 Launching the Project 7 Training the Sales Staff Launching Advertisement Campaign 6 Testing Preparing Promotional Materials 5 Documentation 4 Approval of the Budget Implementation Through Related Depts. 3 Procedures Manual 2 Approval of the BDDK 1 Budgeting Approval of the Advisory Board Approval of the Legal Advisors Approval of the Internal Audit Dept. Approval of the Financial Control Dept. Approval of the Top Management Concept Formation of the Project Team Feasibility Study and Market Research Product Development Steps in42 İslamic CALIBRI BOLD pt Banks FOLLOW-UP TABLE FOR RETAIL BANKING PRODUCTS IN 2004 19 PHASE OF PRODUCT BÖLÜM BAŞLIĞI DEPOSIT PRODUCTS CALIBRI BOLD 42 pt Deposits CALIBRI BOLD 42 pt Deposit Accounts Current Accounts Participation Accounts Classic Gold Silver Platinum + Platinum Current Accounts CALIBRI BOLD 42 pt → No tenor → No profit or loss → No minimum cap → Withdraw and deposit any time → Any currency denomination → Based on Kard Al Hasen structure Profit and Loss SharingBOLD Accounts CALIBRI 42 pt → Flexible account tenors → Profit or loss distribution → Minimum cap applied → Withdraw and deposit at maturity only → TRL, USD, EUR denomination → No preset yield guaranteed → Based on Mudaraba agreement → No capital guarantee Profit and Loss Distribution CALIBRI BOLD 42 pt → PLS Accounts serve as fund pools → Depositing fresh money or opening a new PLS account contribute to the level of the pool → Water in the pool (fund) is invested in highly profitable projects → Invested fund with its yield is added to the pool → If investment returns loss, it negatively effect the pool level → At maturity generated profit or loss is shared with customers R E TAI L B AN K I N G P R O D U C T S & S E RV I C E S Profit and Loss Distribution CALIBRI BOLD 42 pt From Deposit to Profit Deposit (TL) Legal Reserve (6%) 100 6 Liquidity (10%) 10 Net Fund to Invest 84 Return on Investment (15%) Bank’s Share on P/L (20%) Customer’s Share on P/L (80%) 12.60 2.52 10.08 Income Tax (15%) 1.51 Net Profit for Customer 8.57 Net Profit Rate 8.57% Profit and Loss Generation CALIBRI BOLD 42 pt Unit Value: the coefficient which is assumed as 100 for the first day of the participation bank that accepts fund to ist participation accounts. Unit value changes when profit or loss is made. Account Value: the coefficient colculated by dividing the amount deposited to the unit value. Unit Account Value: The value determining the the current value of the participation account and calculated through multiplying the unit value by the account value and the amount on which the account holder may lay claim to. Profit and Loss Generation CALIBRI BOLD 42 pt Account Opening Date 01.04.2009 Tenor 30 Days Account Balance 200.000 TL Unit Value 100 Account Value 200.000 ÷ 100 = 2.000 Account Closing Date 01.05.2009 Unit Value 101,15 Unit Account Value 101,15 X 2.000 = 202.300 TL Profit Rate (101,15 ÷ 100) - 1= 1,15% New Account Balance 200.000 X 1,0115 = 202.300 TL Fund Collection Products CALIBRI BOLD 42 pt Current Account Participation Account (Classic, Silver, Gold, Platinum, Platinum+ Accounts) Savings Account ( Family, Youth and Child Savings Account) Precious Metals Current Accounts Precious Metals Participation Accounts Investment Account Flexible Maturity Participation Accounts Salary Account Gold denominated gift cheque Tenant’s Accounts Banking Services CALIBRI BOLD 42 pt VIP Package Special Fund Pool Forward transactions Foreign currency buy and sell Check services Promissory Note services Safe box International and local money transfers Moneygram Gold bullion BÖLÜM BAŞLIĞI LOAN PRODUCTS CALIBRI BOLD 42 pt Main Islamic Loan Products CALIBRI BOLD 42 pt → Murabaha → Musharaka → Icara (Leasing) → Mudaraba → Istisna’ → Kard Al Hasen → Salam → Tawarruq Mudaraba CALIBRI Concept BOLD 42 pt Periodic profits and return of capital customer Investment /trading activity Entrepreneur (mudarib) Islamic Bank Payment of mudarabah capital customer • Investor provides Mudarib all the capital to fund a specific enterprise. • Mudarib does not contribute capital but contributes to management and expertise • Mudarib is responsible for the day-to-day management of the enterprise and is entitled to deduct its management fee (Mudarib fee) from profits. • If the enterprise makes a loss, the investor has to bear all the losses unless the loss has resulted from negligence on the part of the Mudarib Murabaha CALIBRI Concept BOLD 42 pt Transfer of titles to bank Vendor Transfer of title to customer Islamic Bank Payment of purchase price (p) Customer Payment of marked up price (P+X) • Murabaha refers to contracts in which a financial institution purchases goods upon the request of a client, who makes deferred payments that cover costs and agreed-upon profit margin for the financial institution. • Murabaha is the most widely used instrument at Kuveyt Turk with 90% of total contracts being Murabaha based. Murabaha CALIBRI Concept BOLD 42 pt Supplier 3. Customer buys the goods as Bank’s agent. Cost: $100 4. Disbursement of the Facility. Facility Amount: $100 Customer 1. Execution of Murabaha Agreement. 5. Bank will immediately sell the goods at $110 (cost plus a profit margin) Sale Bank 2. Bank appoints the Customer as its agent to buy the goods. MusharakaCALIBRI Concept BOLD 42 pt Islamic Bank Partner (customer) 60% ownership 40% ownership Musharaka • Musharaka is a partnership between parties in which one or several parties supply working capital. Musharaka is widely used for joint venture investments. • Both the investor and the enterprise contribute towards the capital • The enterprise and the investor share in the profits according to the agreed proportions • Any losses of the enterprise will be borne by the investor and the enterprise according to their contributions Musharakah • Shirkah or sharing • Musharakah involves a mutual contract to participate in a commercial enterprise • Determination of returns – Proportional distribution agreed in advence, usually relating to investment shares – Net profits of the business – Losses must be shared in proportion to amounts invested • Management – All partners may be involved in the management of the business – May agree in advance that one party a sleeping partner Musharakah versus equity investment • • • • • Musharakah Venture of limited duration Partnership with joint ownership No exit without agreement of partners Investors obtain profit share Little probability of asset gains when venture terminates • • • • • Equity Investment Company exists in perpetuity Exclusive ownership by shareholders Exit at any time if company listed Investors get dividends Focus on capital gains and market value of equity Ijara Concept CALIBRI Assets leased to the customer- title does (not) pass at the end of the lease term Transfer of title to the bank Vendor Islamic Bank Payment of purchase price • • • • • • BOLD 42 pt Customer (lessee) Ijarah installments Ijara is a lease purchase contract in which a financial institution purchases capital equipment or property and leases it to an enterprise. 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. Ijara Concept Operating ijara is a pure leasing arrangement - Two parties to the contract, lessor and lessee - Rental payment provides an income stream - Contract of fixed duration but renewal possible Owner and lessee responsibilities - The lessee can be requiered to maintain equipment on a periodic basis - Owner responsible for loss or damage to asset beyond control of lessee -Lessee can indemnify owner against misuse or negligence caused by lessee Conditions & Limitations of Ijara • Property being leased must have a valuable use – House or business premises should be occupied, not a mere speculative purchase • Leased property cannot be used for purposes other than specified in the leasing department – Non halal use would contravene shariah – Restrictive covenants may be included in new leases but uncertainties of conversion with existing leases Hire Purchase Ijara wa iqtina or ijara muntahia bittamleek is a hire purchase contract Leased asset passes as a gift or a sale at the end of the lease period Purchase possible during the lease period if the remaining rental installments paid Gradual transfer of ownership also possible rather than an outright sale Lower risk as lessee has ownership stake Istisna’ Concept CALIBRI Delivery of asset at future date Entrepreneur BOLD 42 pt Delivery of asset at future date Financier Payment of purchase price on delivery Manufacturer Progress payment of purchase price Istisna’a is primarily a deferred delivery sale contract similar to Salam. It is similar to conventional work in progress financing for capital project. In practice it is usually used for construction and trade finance such as pre-shipment export finance. Istisna’ Concept Contract to acquire goods on behalf of a third party Price paid to a manufacturer in advance of goods being purchased Payments received cover wages and costs of input supplies Applied to production of specific times Delivery at an agreed date Parallel Istisna Concept Deferred Payments Islamic Investors Operator Payment for sale of receivables Project Manager Payment for supplies Investment Bank Facility handover & payment to project manager Tawarruq Concept • Bank buys and owns the commodity • Commodity sold to the client at a mark-up • Purchaser can authorise bank to sell commodity for a service commission • Sale value deposited into clients account • Client repays amount plus mark-up as deferred lump sun or in installments Tawarruq Concept Final transfer of title Islamic Bank Vendor Payment Client Deferred Payment Plus Mark-Up Sale Third Party Payment Initial transfer of title Salam Concept • Financier pays price of commodity in advance in full • Quantity and delivery date and place specified • Financier may enter parallel salam to sell commodity at a slightly higher price if period shorter to delivery • Price differential represents financier’s profit • Risk involved to justify profit as time period of contracts may not coincide and financier exposed Parallel Salam Concept Payment in full at inception Investor Euros 950.000 Asset for 90 day delivery Euros 1.000.000 Client Sale of asset for spot price Euros 960.000 Wakala Concept • A contract appointing an agent to act on behalf of a principal party – Parallel with granting a power of attorney or an enduring power of attorney – Wakil may be paid a fee, rather than sharing in profit as with mudarabah Wakala Structure Shariah Board Principal Wakil Investments Fund Utilization Products CALIBRI BOLD 42 pt Home Equity Loan Mortgage Loan Auto Loan Personal Loan (Home renovation, Education, Travel, Home/Office equipment loans) Small Business Loan Decreasing installment home loan Consumer Price Indexed loan Rent Finance Leasing Letter of Guarantee Letter of Credit BÖLÜM BAŞLIĞI CARD PRODUCTS CALIBRI BOLD 42 pt Card Products CALIBRI → Principal Member of → Principal Member of → Member of BOLD 42 pt Card Products CALIBRI BOLD 42 pt Classic Cards PersonalCredit Cards Gold Cards Platinum Cards Business Classic Cards Commercial Cards Business Gold Cards Palmiye Cards Debit Cards BÖLÜM BAŞLIĞI ADC PRODUCTS CALIBRI BOLD 42 pt ADC Products CALIBRI POS Services Internet Branch Banking ATM Services Kiosk Services SMS Banking Telephone Banking Mobile Banking Bill Payment Tax Payment Customs Payment Salary Payment Social Security Payment Corporate website management BOLD 42 pt ADC Products-ATM CALIBRI BOLD 42 pt → 120 ATM → Membership of Common Point Network (6000 ATM) → 1.5 Million Transactions a year → Mark-up on cash advance Not permitted ADC Products-POS CALIBRI BOLD 42 pt → 120 ATM → Membership of Common Point Network (6000 ATM) → 1.5 Million Transactions a year → Mark-up on cash advance Not permitted BÖLÜM BAŞLIĞI Thank You CALIBRI BOLD 42 pt