What 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 risk management rules, by the principles laid down by Islamic Shariah. Interest free banking is a narrow concept denoting a number of banking instruments or operations, which avoid interest. Islamic banking, the more general term is expected not only to avoid interest-based transactions, prohibited in the Islamic Shariah, but also to avoid unethical practices and participate actively in achieving the goals and objectives of an Islamic economy.
Philosophy of Islamic banking and finance
Islamic Shariah prohibits ‘interest’ but it does not prohibit all gains on capital. It is only the increase stipulated or sought over the principal of a loan or debt that is prohibited. Islamic principles simply require that performance of capital should also be considered while rewarding the capital. The prohibition of a risk free return and permission of trading, as enshrined in the Verse 2:275 of the Holy Quran, makes the financial activities in an Islamic set-up real asset-backed with ability to cause ‘value addition’.
Islamic banking system is based on risk-sharing, owning and handling of physical goods, involvement in the process of trading, leasing and construction contracts using various Islamic modes of finance. As such, Islamic banks deal with asset management for the purpose of income generation. They will have to prudently handle the unique risks involved in management of assets by adherence to best practices of corporate governance. Once the banks have stable stream of Halal income, depositors will also receive stable and Halal income.
The forms of businesses allowed by Islam at the time the Holy Quran was revealed included joint ventures based on sharing of risks & profits and provision of services through trading, both cash and credit, and leasing activities. In the Verse II:275, Allah the Almighty did not deny the apparent similarity between trade profit in credit sale and Riba in loaning, but resolutely informed that Allah has permitted trade and prohibited Riba. Profit has been recognized as ‘reward’ for (use of) capital and Islam permits gainful deployment of surplus resources for enhancement of their value. However, along with the entitlement of profit, the liability of risk of loss on capital rests with the capital itself; no other factor can be made to bear the burden of the risk of loss. Financial transactions, in
order to be permissible, should be associated with goods, services or benefits. At macro level, this feature of Islamic finance can be helpful in creating better discipline in conduct of fiscal and monetary policies.
Besides trading, Islam allows leasing of assets and getting rentals against the usufruct taken by the lessee. All such things/assets corpus of which is not consumed with their use can be leased out against fixed rentals. The ownership in leased assets remains with the lesser that assumes risks and gets rewards of his ownership.
The History of Islamic Banking in
Steps for Islamization of banking and financial system of
Financial institutions including HBFC, ICP and NIT in July 1979 and that of the commercial banks during January 1981 to June 1985. The legal framework of
Separate Interest-free counters started operating in all the nationalized commercial banks, and one foreign bank (Bank of Oman) on January 1, 1981 to mobilize deposits on profit and loss sharing basis. Regarding investment of these funds, bankers were instructed to provide financial accommodation for Government commodity operations on the basis of sale on deferred payment with a mark-up on purchase price. Export bills were to be accommodated on exchange rate differential basis. In March, 1981 financing of import and inland bills and that of the then Rice Export Corporation of
PTCs and Mudaraba Certificates. From
From that date, no bank in
However, foreign currency deposits in
However, in any particular case, the mode of financing to be adopted was left to the mutual option of the banks and their clients.
The procedure adopted by banks in Pakistan since July 1 1985, based largely on ‘mark-up’ technique with or without ‘buy-back arrangement’, was, however, declared un-Islamic by the Federal Shariat Court (FSC) in November 1991. However, appeals were made in the Shariat Appellate Bench (SAB) of the Supreme Court of Pakistan. The SAB delivered its judgment on
In the judgment, the Court concluded that the present financial system had to be subjected to radical changes to bring it into conformity with the Shariah. It also directed the Government to set up, within specified time frame, a Commission for Transformation of the financial system and two Task Forces to plan and implement the process of the transformation.
`The Commission for Transformation of Financial System (CTFS) was constituted in January 2000 in the State Bank of
The CTFS in its Report identified a number of prior actions, which were needed to be taken to prepare the ground for transformation of the financial system. It also identified major Shariah compliant modes of financing, their essentials, draft seminal law captioned ‘Islamization of Financial Transactions
Ordinance, 2001’, model agreements for major modes of financing, and guidelines for conversion of products and services of banks and financial institutions. The Commission also dealt with major products of banks and financial institutions, both for assets and liabilities side, like letters of credit or guarantee, bills of exchange, term finance certificates (TFCs), State Bank's Refinance Schemes, Credit Cards, Inter bank transactions, underwriting, foreign currency forward cover and various kinds of bank accounts. The Commission observed that all deposits, except current accounts, would be accepted on Mudaraba principle.
Current accounts would not carry any return and the banks would be at liberty to levy service charge as fee for their handling. The Commission also approved the concept of Daily Product and Weightage System for distribution of profit among various kinds of liabilities/deposits. The Report also contained recommendation for forestalling willful default and safeguarding interest of the banks, depositors and the clients.
According to the Commission, prior/preparatory works for introduction of Shariah compliant financial system briefly included creating legal infrastructure conducive for working of Islamic financial system, launching a massive education and training program for bankers and their clients and an effective campaign
Through media for the general public to create awareness about the Islamic financial system.
The Finance Minister of
1. A legal framework is designed to encourage practice of Islamic banking by banks and financial institutions as subsidiary operations of their main operations;
2. Consultations and exchanges are undertaken with brother Islamic countries and renowned institutions of Islamic learning such as Middle Eastern countries and Al-Azhar University of Egypt, to learn more about their experiences and practices;
3. Amendments in HBFC Act are being made in line with the directive of the Supreme Court. With these changes, HBFC would be fully Shariah compliant institution, which will play an effective role both in promotion of Islamic financing method but also in the development of the important housing sector;
4. Shariah compliant modes of financing like Musharaka and Mudaraba will be encouraged so that familiarity and use of such products is enhanced and their adoption at a wider scale made possible.
It is government’s intention to promote Islamic banking in the country while keeping in view its linkages with the global economy and existing commitments to local and foreign investors”.
The House Building Finance Corporation had shifted its rent sharing operations to interest based system in1989. The Task Force of the M/O Law proposed amendments in the HBFC Act to make it Shariah Compliant. Having vetted by the CTFS, the amended law has been promulgated by the Government. Accordingly, the HBFC launched in 2001 Asaan Ghar Scheme in the light of amended Ordinance based on the Diminishing
Musharaka concept.
A Committee was constituted in the
(ICAP), wherein the SBP was also represented, for development of accounting and auditing standards for Islamic modes of financing. The Committee is reviewing the standards prepared by the
It was decided in September 2001 that the shift to interest free economy would be made in a gradual and phased manner and without causing any disruptions. It was also agreed that State Bank of
1. Setting up subsidiaries by the commercial banks for the purpose of conducting Shariah compliant transactions;
2. Specifying branches by the commercial banks exclusively dealing in Islamic products, and
3. Setting up new full-fledged commercial banks to carry out exclusively banking business based on proposed Islamic products.
Accordingly, the State Bank issued detailed criteria in December 2001 for establishment of full-fledged Islamic commercial banks in the private sector. Al Meezan Investment Bank received the first Islamic commercial banking license from SBP in January 2002 and the Meezan Bank Limited (MBL) commenced full fledged commercial banking operation from
The MBL now maintains a long term rating of A+ and short term rating of A1+, assessed by JCR VIS Credit Rating Co Ltd, signifying a consistent satisfactory performance.
The Government as also the State Bank is mainly concerned with stability and efficiency of the banking system and safeguarding the interests, particularly, of small depositors. With this concern in mind it has been decided to operate Islamic banking side by side with traditional banking. The approach is to institute best practice legal, regulatory and accounting frameworks to support Islamic banks and investors alike. The
Year 2002-2003 witnessed strengthening measures taken in the areas of banking, non-bank financial companies and the capital markets.
Islamic Banking Subsidiaries:
A new clause (aa) was inserted in sub-section (1) of Section 23 of the Banking Companies Ordinance 1962 by an amendment notified in the Gazette of Pakistan on November 4 2002, which provided that banks could form subsidiaries for “carrying on of banking business strictly in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah.” In January, 2003 the State Bank issued BPD Circular No. 01
Outlining detailed instructions on the remaining two parts of the strategy, viz. setting up of subsidiaries and Stand-alone branches for Islamic Banking by existing commercial banks. The criteria for subsidiaries are almost similar to the criteria for setting up scheduled Islamic commercial bank with emphasis on complete segregation of accounts of Islamic banking subsidiaries and the parent banks doing conventional banking.
The subsidiaries shall have minimum paid up capital of Rs 1,000 million that is equal to the capital requirement for full-fledged commercial banks.
Islamic Banking through Stand-alone Branches:
For Part-III of the strategy, guidelines for opening of stand-alone branches for Islamic banking by existing commercial banks, enlisting eligibility criteria, licensing requirements and other operational details on the subject were issued on
The applying bank is required to submit proposal to the State Bank, outlining the following details:
• Number of branches along with name of city where the Islamic Banking
Branch (IBB) is to be offered within the next financial year.
• Products and services to be offered by the IBB including deposits, financing, investment, etc.
• Method of segregating the funds of IBB from the funds of commercial banking of the applying bank.
• Infrastructure and logistic requirements, including manpower and training programs.
• The name, qualification and experience of Shariah Adviser (s), and
• Accounting aspects, such as accounting policies to be followed, profit and loss sharing mechanism, manuals, etc.
The bank will also be required to set up Islamic Banking Division (IBD) at the Head Office/Country Office in
As regards the status of Islamic banking industry in the country (End June 2004), Meezan Bank is operating with 10 branches in 5 cities as a full fledged Islamic bank. In addition to it, 5 banks (MCB, Bank of Khyber, Bank Alfalah, Habib Bank AG Zurich and Standard Chartered Bank) have been issued licenses for 12 dedicated Islamic Banking Branches (IBB) of which 10 branches are operating in
Habib Bank Limited and Bank Al Habib Limited have been granted in principle approval to open two Islamic banking branches. They are expected to start these branches during the year 2004. At least five more banks are expected to open Islamic banking branches during the year ending December, 2004. Applications for two new full-fledged Islamic banks are also under scrutiny while the license of a foreign Islamic bank is
Being converted to Islamic banking. Some of the banks who are operating Islamic banking branches are also offering Islamic banking products through their existing conventional branches by using hub & spoke arrangement. It will increase the outreach of Islamic banking products in other cities as well.
Major modes of Islamic banking and finance:
Following are the main modes of Islamic banking and finance:
MURABAHA:
Literally it means a sale on mutually agreed profit. Technically, it is a contract of sale in which the seller declares his cost and profit. Islamic banks have adopted this as a mode of financing. As a financing technique, it involves a request by the client to the bank to purchase certain goods for him. The bank does that for a definite profit over the cost, which is stipulated in advance.
IJARAH:
Ijarah is a contract of a known and proposed usufruct against a specified and lawful return or consideration for the service or return for the benefit proposed to be taken, or for the effort or work proposed to be expended. In other words, Ijarah or leasing is the transfer of usufruct for a consideration which is rent in case of hiring of assets or things and wage in case of hiring of persons.
IJARAH-WAL-IQTINA:
A contract under which an Islamic bank provides equipment, building or other assets to the client against an agreed rental together with a unilateral undertaking by the bank or the client that at the end of the lease period, the ownership in the asset would be transferred to the lessee. The undertaking or the promise does not become an integral part of the lease contract to make it conditional. The rentals as well as the purchase price are fixed in such manner that the bank gets back its principal sum along with with profit over the
Period of lease.
MUSAWAMAH:
Musawamah is a general and regular kind of sale in which price of the commodity to be traded is bargained 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. Both the parties negotiate on the price. All other conditions relevant to Murabaha are valid for Musawamah as well. Musawamah can be used where the seller is not in a position to ascertain
Precisely the costs of commodities that he is offering to sell.
ISTISNAA:
It is a contractual agreement for manufacturing goods and commodities, allowing cash payment in advance and future delivery or a future payment and future delivery. Istisna’a can be used for providing the facility of financing the manufacture or construction of houses, plants, projects and building of bridges, roads and highways.
BAI MUAJJAL:
Literally it means a credit sale. Technically, it is a financing technique adopted by Islamic banks that takes the form of Murabaha Muajjal. It is a contract in which the bank earns a profit margin on his purchase price
And allows the buyer to pay the price of the commodity at a future date in a lump sum or in installments. It has to expressly mention cost of the commodity and the margin of profit is mutually agreed. The price fixed for the commodity in such a transaction can be the same as the spot price or higher or lower than the spot price.
MUDARABAH:
A form of partnership where one party provides the funds while the other provides expertise and management. The latter is referred to as the Mudarib. Any profits accrued are shared between the two parties on a pre-agreed basis, while loss is borne only by the provider of the capital.
MUSHARAKAH:
Musharakah means a relationship established under a contract by the mutual consent of the parties for sharing of profits and losses in the joint business. It is an agreement under which the Islamic bank provides
Funds, which are mixed with the funds of the business enterprise and others. All providers of capital are entitled to participate in management, but not necessarily required to do so. The profit is distributed among the partners in pre-agreed ratios, while the loss is borne by each partner strictly in proportion to respective
Capital contributions.
BAI SALAM:
Salam means 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. The objects of this sale are goods and cannot be gold, silver or currencies. Barring this, Bai Salam covers almost everything, which is capable of being definitely described as to quantity, quality and workmanship.
Guidelines for Islamic Microfinance Business by Financial Institutions
Prologue:
State Bank of
Provision for offering Islamic Microfinance by Financial Institutions:
Islamic microfinance services and products can be offered by various types of financial
institutions, in different forms. Each type of financial institution has been separately
discussed under the following headings in these guidelines:
1. Full-fledged Islamic Microfinance Banks (IMFBs)
2. Islamic Microfinance Services by Full-fledged Islamic Banks
3. Islamic Microfinance Services by Conventional Banks
4. Islamic Microfinance Services by Conventional Microfinance Banks (MFBs)
These guidelines are not intended to replace the regulations and guidelines already issued by SBP from time to time. It must be recognized that the under-mentioned criteria shall be in addition to the parameters already defined by SBP for each category of financial institutions.
Establishing Full Fledged Islamic Microfinance Banks (IMFB):
Licensing Requirements:
Sponsors desirous of establishing full fledged Islamic microfinance banks shall be required to obtain a licence from State Bank of
Ordinance, 2001. This ordinance allows establishment of four categories of microfinance
Banks in the country viz:
1. Nation wide Microfinance Banks;
2. Province wide Microfinance Banks;
3. Region wise Microfinance Banks; and
4. District wide Microfinance Banks.
For obtaining a licence for Islamic MFB:
The criteria and conditions for grant of license for establishing microfinance banks/institutions notified under the MFIs Ordinance 2001, shall apply which are available at www.sbp.org.pk Additionally, the following criteria shall also be observed by persons/entities applying for a full fledged Islamic microfinance bank license:
- All financial transactions of Islamic MFB shall be in accordance with the injunctions of Shariah.
- Every Islamic MFB shall be required to appoint a Shariah Advisor who should meet the “Fit and Proper Criteria” for Shariah Advisors, issued vide IBD Circular 2 of 2007 as amended from time to time. Appointment of Shariah Advisor shall require prior written approval from State Bank of
- The application shall indicate the modes of finance and product structures proposed to be used for raising resources and extending financial assistance to the clients.
- The applicant shall also indicate expertise and other facilities available with them for ensuring compliance of their microfinance banking business with Shariah.
- All the deposits accepted by the MFB shall be accepted either on demand or on profit and loss sharing basis.
In addition to the documents required under the above-mentioned criteria, the applicant shall also submit the following documents along with the request:-
• Shariah compliance mechanism, apart from Shariah Advisor
• Manpower and training programs
• Detailed CV of proposed Shariah Advisor
• Policies, manuals and procedures of products and services duly vetted by the Shariah Advisor.
The applicant shall deposit a pay order or demand draft of Rs.500, 000/- (Rupees five hundred thousand) favouring State Bank of
Application Forms:
Application forms for MFBs have been placed on SBP website and can be accessed at the link www.sbp.org.pk or obtained directly from Director, Banking Policy and Regulations Department.
Compliance with Legal Framework & Prudential Regulations for MFBs The company granted license to operate, as Islamic MFB shall comply with the provisions of Microfinance Institutions Ordinance 2001, Rules/Prudential Regulations framed under it and SBP directives issued from time to time.
Islamic Microfinance Services by Full-Fledged Islamic Banks:
Islamic Banks are encouraged to offer Islamic microfinance (IsMF) products through various channels which can not only bring additional value streams to IBIs but also help in building their image of fulfilling the social responsibility and working for the cause of poverty alleviation.
Full fledged Islamic banks are allowed to use the same institutional arrangements allowed to commercial banks vide SMED Circular No. 10 dated June, 27, 2006 which include establishing IsMF Counters in the existing branches, opening of standalone IsMF branches, establishing independent IsMF subsidiaries with independent and professional board and management, developing linkages with MFBs licensed by SBP and NGO-MFIs that are not licensed by SBP to extend wholesale funds in a Shariah compliant manner.
Full fledged Islamic banks interested in building IsMF portfolios should review the different institutional/ organizational arrangements and select the mode based on their organizational culture, capacity and overall objectives. The following modes may be used by full fledged Islamic banks, the guidelines for which have been prescribed in the SMED Circular No. 10 of 2006.
Mode 1- Islamic Microfinance Counters at Existing Branches Separate counters offering Islamic microfinance products may be opened in the existing
Branches and it should be prominently displayed in the premises that Islamic microfinance products are being offered in the branch. Before launching the scheme, the information required in above-mentioned SMED Circular shall be submitted to Islamic Banking Department and SME and Microfinance Department along with its vetting from the Shariah Advisor. Islamic microfinance operations under this mode shall be subject to the Prudential Regulations issued vide SMED Circular No. 11 dated
Mode II- Standalone Islamic Microfinance Branches & Mobile Banking
Similar to the license for new branch for banking business, Islamic banks may open microfinance branches as per procedure prescribed in SMED Circular No. 10 of 2006. The license shall be issued subject to the MFI branch licensing policy and on receipt of evidence about adequate security arrangements at the proposed place of business and meeting the town planning regulations. The Islamic microfinance operations under this mode shall be subject to Prudential Regulations issued vide SMED Circular No. 11 dated
Mode III- Establishing Independent IMFBs as Subsidiaries of Banks
The Islamic bank(s) interested in sponsoring an Islamic microfinance subsidiary may apply to SBP for issuance of a license to establish the Islamic microfinance bank under MFIs Ordinance 2001. Islamic bank shall be required to submit the information and documents required under SMED Circular 10 of 2006 as well as requirements for Islamic Microfinance banks mentioned in Option 1 above. However, the subsidiary may use the services of Shariah Advisor of their parent Islamic bank. Microfinance operations under this mode shall be subject to the Microfinance Institutions Ordinance 2001 and Prudential Regulations for Microfinance Banks.
Mode IV- Developing Linkages with Islamic MFBs/MFIs Islamic Banks can enter into financing arrangements with IMFBs/MFIs on the basis of Islamic modes of finance. Before entering into any such arrangement, Islamic banks shall be required to get the products and their mechanisms vetted from their Shariah Advisor. Islamic banks shall be allowed to enter into financing arrangements with only such MFIs whose own model is in conformity with Shariah or which are interested in building Shariah compliant portfolio. It should be taken into account that most of the NGO-MFIs don’t have formal ownership structure and collaterals to secure the financing to be extended by the banks.
Islamic modes of Mudaraba and Musharaka can provide a viable mechanism to cater to this kind of financing by Islamic banks. Nevertheless, innovative thinking shall be required to address the issues of documentation and record keeping by the MFIs as well as method of providing finance to IMFBs/MFIs in Shariah compliant manner.
In addition to the information required to be submitted to SME and Microfinance Department of SBP under the Mode-IV of SMED Circular 10 of 2006, Islamic banks shall also be required to submit approval of Shariah Advisor regarding product, mechanism and agreements of the Islamic Bank for providing finance to IMFB/MFI. Similarly approval of Shariah Advisor shall also be submitted confirming that MFI has a system in place by which microfinance products and services shall be provided to customers in a Shariah compliant manner. Microfinance operations under this mode shall be subject to the Prudential Regulations issued vide SMED Circular No. 11 dated June 27, 2006, under the powers vested in Banking Companies Ordinance’ 1962.
Islamic Microfinance Services by Conventional Banks:
Keeping in view the issues attached with Shariah compliance like segregation of funds, availability of services and advice of Shariah Advisor on regular basis and internal Shariah compliance mechanism etc., only such conventional banks can offer Islamic microfinance products which have been issued license for Islamic banking branches.
Islamic Microfinance products in existing branches as well as in full fledged Islamic microfinance branches (Mode 1 and Mode 2 below) shall be monitored by Islamic Banking Division of the bank, whether a separate Microfinance Division exists in the bank or not because Islamic microfinance assets have to be booked in Islamic Banking Division.
In case, bank has a separate Microfinance Division, it should provide appropriate support and facilitate Islamic Banking Division in development and launch of Islamic Microfinance products.
Conventional Banks, having Islamic Banking Branches can offer Islamic microfinance services through following modes:
Mode 1- Microfinance Counters at Existing Branches:
The Islamic microfinance products and services can be offered at both Islamic Banking and conventional branches. All the Islamic microfinance products and services shall be duly vetted by Shariah Advisor of the bank. There should be separate counter in the branch offering Islamic microfinance products and it should be prominently displayed in the premises that Islamic microfinance products are being offered in the branch. However, if the Islamic microfinance products are to be offered in conventional branches, all the documents including ledgers, registers, pay-in-slips, cheques, receipts, passbooks, etc. used for Islamic
Microfinance shall be appropriately marked, so as to easily distinguish them from the documents pertaining to conventional banking. Moreover, proper systems and control shall be in place to ensure that the fund transfer takes place on the same day to/from the nearest Islamic microfinance branch or if there is no Islamic microfinance branch in the nearest Islamic Banking Branch.
The authorized branch (es) shall not, in any manner whatsoever, receive/pay interest on such services. The authorized branch (es) may charge a reasonable fee/commission on sale of such deposit/financing schemes under a policy to be approved by the management. Proper training in Islamic microfinance should also be provided to the staff of authorized conventional branches dealing with such products. Before launching the scheme, the information required in SMED Circular No. 10 of 2006 shall be submitted to Islamic Banking Department and SME and Microfinance Department along with its vetting from the Shariah Advisor.
Mode II- Standalone Islamic Microfinance Branches & Mobile banking:
As already mentioned, if a conventional bank with Islamic banking branches opts for opening standalone Islamic microfinance branches, same shall be monitored by Islamic Banking Division of the bank. All the products and services shall be duly vetted by Shariah Advisor of the bank. All assets and liabilities of Islamic microfinance branches shall be consolidated in Islamic banking operations of the bank. In case the bank does not have a Microfinance Division, the functions of Microfinance Division as prescribed in SMED Circular No. 10 of 2006 shall be performed by Islamic Banking Division of the bank.
The Islamic microfinance operations under this mode shall be subject to Prudential Regulations issued vide SMED Circular No. 11 dated
Mode III- Establishing Independent Islamic MFBs as Subsidiaries of conventional Banks:
The conventional banks having Islamic Banking Branches interested in sponsoring an Islamic microfinance subsidiary may apply to SBP for issuance of a license to establish the Islamic microfinance bank under MFIs Ordinance 2001. The bank shall be required to submit the information and documents required under SMED Circular 10 of 2006 as well as requirements for Islamic Microfinance banks mentioned above. However, the subsidiary may use the services of Shariah Advisor of their parent bank. Other requirement of establishing Islamic MFB shall be same as discussed under aforementioned heading“Establishing full-fledged Islamic microfinance bank”.
Mode IV- Developing Linkages with Islamic MFBs/MFIs:
Islamic Banking Division of conventional bank can enter into financing arrangements with IMFBs/MFIs on the basis of Islamic modes of finance. Before entering into any such arrangement, Islamic Banking Division shall be required to get the products and their mechanisms vetted from their Shariah Advisor. These banks shall be allowed to enter into financing arrangements with only such MFIs whose own model is in conformity with Shariah or which are interested in building Shariah compliant portfolio. It should be taken into account that most of the NGO-MFIs do not have formal ownership structure and the collaterals to secure the financing to be extended by the banks. Islamic modes of Mudaraba and Musharaka can provide a viable mechanism to cater this kind of financing by such banks.
Nevertheless, innovative thinking would be required to address the issues of documentation and record keeping by the MFIs as well as method of providing finance to IMFBs/MFIs in Shariah compliant manner.
In addition to the information required to be submitted to SME and Microfinance Department of SBP under Mode-IV of SMED Circular 10 of 2006, banks shall also be required to submit approval of Shariah Advisor regarding product, mechanism and agreements for providing finance to IMFB/MFI. Similarly approval of Shariah Advisor shall also be submitted to Islamic Banking Department and SME and Microfinance Department confirming that MFI has a system in place by which microfinance products and services shall be provided to customers in a Shariah compliant manner.
Option 4. Islamic Microfinance Services by Conventional Microfinance Banks: Conventional MFBs are also allowed to offer Islamic microfinance products and services subject to the following conditions.
Any MFB desirous of offering Islamic microfinance products and services shall be required to apply to the State Bank for permission to start Islamic microfinance.
Eligibility Criteria: The eligibility of a MFB to offer Islamic microfinance services shall be considered by the State Bank keeping in view, among others, the financial strength of the MFB as evident from its capital base (net capital free of actual and potential losses), adequacy of its capital structure, record of earning capabilities, future earning prospects of the MFB, managerial capabilities, liquidity position, track record of the MFB’s adherence to prudential and other regulations, credit discipline, quality of customer services and availability of experienced and trained key staff to handle the Islamic microfinance operations. Similarly there should not be major adverse inspection findings against the bank.
The applying MFB shall submit a proposal to the State Bank of
· Duly completed Shariah Advisor’s particulars (SAP) form for the Shariah Advisor to be appointed in the light of SBP’s “Fit and Proper Criteria”.
· Shariah compliant products and services to be offered including deposits, financing, investment, etc.
· Method of segregating the Islamic microfinance funds from the funds of conventional microfinance of the applying bank.
· Infrastructure and logistic requirements, including manpower and training programs.
· Changes in Memorandum and Articles of Association of the MFB for the enabling clauses to accept deposits on PLS basis and provide financing on the basis of Islamic modes of financing, if not covered earlier in their Memorandum and Articles of Association.
The bank shall be required to submit such further information as required by State Bank while processing the case.
Upon satisfaction, SBP shall grant an approval in principle to the bank for offering Islamic microfinance products and services upon such terms and conditions as it deems fit. However, license for individual branch opening shall be issued on receipt of formal application on prescribed format under MFI branch licensing policy and on receipt of evidence about adequate security arrangements at the proposed place of business and meeting the town planning regulations. The branch (es) shall be subject to the relevant microfinance laws, rules and directives issued by SBP from time to time.
The permission may be revoked in case it subsequently transpires that the MFB had made material misrepresentation of facts or concealment of material information and the responsible official(s) shall personally be liable for action under the relevant laws.
Before commencement of business, the MFB shall ensure that all the documents, agreements and guidelines pertaining to each type of products and services have been prepared and duly vetted by Shariah Advisor.
Islamic Microfinance Division:
The bank shall be required to set up an Islamic Microfinance Division (IMD) at the Head Office in
The bank shall submit the organizational structure of the IMD along with details of key persons of the division (qualification and years and type of experience) to State Bank of
The responsibilities of the IMD shall be as follows:-
(a)To manage and be responsible for the operations of Islamic microfinance, including policy and procedural matters;
(b) To liaise with other departments in the bank and Shariah Adviser to ensure smooth operations of Islamic microfinance department;
(c) To ensure that all funds pooled into the Islamic Microfinance Fund are channeled into Shariah compliant financing and investment activities;
(d) To arrange training of staff on Islamic microfinance;
(e) To arrange for compilation and submission of such returns, as may be required to be submitted to State Bank from time to time;
(f) To ensure that all directives and guidelines, particularly those applicable to Islamic microfinance, issued by State Bank are strictly complied with;
(g) To maintain the Statutory Cash Reserve and Liquidity Requirement with State Bank as prescribed by State Bank from time to time;
(h)Other roles and responsibilities as determined by the bank or State Bank from time to time.
The IMD shall be headed by a senior and experienced officer directly reporting to the Chief
Executive and manned by qualified staff.
Islamic Microfinance Fund:
· The IMD shall be required to maintain a minimum fund of Rs 10 million or 15% of the risk weighted assets of Islamic microfinance, whichever is higher.
· The Islamic Microfinance Fund shall be funded by way of an allocation by the head office of the MFB.
· The Islamic Microfinance Fund shall be placed under the control of IMD to fund the operations of the Islamic microfinance branch (es).
Systems and Control the MFB shall ensure that proper systems and controls are in place in order to ensure segregation of funds and protect the interest of depositors, including but not limited to
The followings:-
a) The IMD shall prepare a full set of documents pertaining to the deposit, investment and financing products pertaining to Islamic microfinance operations.
b) The full set of the documents duly vetted by their Shariah Adviser shall be maintained by the IMD. Similarly, all documents in respect of new schemes offered by Islamic microfinance branches shall also be prepared and maintained by IMD before launching of the scheme.
Utilizing Conventional Branch Network:
Initially MFB shall be allowed to open only dedicated branches for Islamic microfinance products and services. Subsequently, in order to efficiently utilize its branch network, the MFB may authorize some of its branches to offer Islamic microfinance products and services.
However, in such cases proper systems and control should be in place to ensure that the fund transfer takes place on the same day to/from the dedicated Islamic microfinance branches or IMD. For this purpose, it is recommended that facility of online transfer of funds should be available at the branches and IMD. The authorized conventional branches shall not, in any manner whatsoever, receive/pay interest on such services. The authorized branches may charge a reasonable fee/commission on sale of such deposit/financing schemes under a policy to be approved by the management.
Internal Audit:
The MFB shall be required to undertake comprehensive internal audit including internal Shariah Review on the operations of the authorized Islamic microfinance branches as well as IMD at least once in a year.
Accounting Records:
The MFB shall keep separate books of account in respect of Islamic microfinance operations and ensure proper maintenance of records for all transactions for segregation of funds.
The MFB shall also disclose information about Islamic microfinance business as prescribed by State Bank from time to time.
Statutory Liquidity and Cash Reserve Requirements In order to maintain the Statutory Cash Reserve and Liquidity requirement in respect of IMB operations, the IMD shall open a separate current account with State Bank. In this account, IMD shall maintain the Cash and Liquidity Reserve with State Bank in the manner prescribed by SBP from time to time.
Consumer Education:
For all the microfinance arrangements described in the foregoing pages, following additional guidelines can help the institutions offering Islamic microfinance to facilitate their customers.
• Preparation of FAQs and brochures in local/national languages to address the commonly asked questions regarding the products and services offered as well as general introduction of the same. These brochures should be prominently placed in the branch and on the websites of the institutions.
•Website of the institutions should allocate a separate page for Islamic microfinance products offered by the bank. All relevant information and FAQs etc. should be available on that page and should be regularly updated. Moreover, postal and email address, phone and fax numbers, through which customers and interested public can raise their queries, should be provided in the webpage of the institution.
Policies for Promotion of Islamic Banking:
In order to promote Islamic Banking in Pakistan, State Bank is following a three pronged strategy as under:
I) Establishment of full-fledged Islamic bank(s) in the private sector;
II) Setting up of subsidiaries for Islamic Banking by existing commercial
Banks; and
III) Allowing Stand-alone branches for Islamic banking in the existing
Commercial banks.
2.In line with Part-I of this strategy, on 1st December, 2001, State Bank of Pakistan had issued detailed criteria for setting up of Scheduled Islamic Commercial banks based on Shariah Principles in the Private Sector in the form of a Press Release, which is reproduced at Annexure-I.
3. As regards Part-II of this strategy, in terms of Banking Companies (Amendment) Ordinance, 2002 notified in the Gazette of Pakistan dated
“(aa) the carrying on of banking business strictly in conformity with the
Injunctions of Islam as laid down in the Holy Quran and Sunnah”.
4. Therefore, the scheduled commercial banks are henceforth allowed to open subsidiaries for Islamic Banking operations. Accordingly, a Detailed Criteria for setting up of Islamic Banking Subsidiaries by existing Commercial Banks has been prepared, which is enclosed at Annexure-II.
5. For Part-III of this strategy, Guidelines for opening of Stand-alone branches for Islamic banking by existing commercial banks, enlisting Eligibility Criteria, Licensing Requirements and other operational guidelines on the subject have been prepared. These Guidelines are enclosed at Annexure-III.
6. Those interested in establishing Scheduled Islamic Commercial Banks in the Private sector, Subsidiaries or Stand alone branches for Islamic banking, may apply to the Director, Banking Policy Department, State Bank of Pakistan, I.I. Chundrigar Road, Karachi in line with the above-mentioned policies.
Islamic Banking through Stand-alone Branches:
For Part-III of the strategy, guidelines for opening of stand-alone branches for Islamic banking by existing commercial banks, enlisting eligibility criteria, licensing requirements and other operational details on the subject were issued on January 1 2003 vide the above-mentioned circular. The applying bank is required to submit proposal to the State Bank, outlining the following details:
· Number of branches along with name of city where the Islamic Banking Branch (IBB) is to be offered within the next financial year.
· Products and services to be offered by the IBB including deposits, financing, investment, etc.
· Method of segregating the funds of IBB from the funds of commercial banking of the applying bank.
· Infrastructure and logistic requirements, including manpower and training programs.
· The name, qualification and experience of Shariah Adviser (s), and
· Accounting aspects, such as accounting policies to be followed, profit and loss sharing mechanism, manuals, etc.
The bank will also be required to set up Islamic Banking Division at the Head Office/Country Office in
Moreover, the bank shall ensure that proper systems and controls are in place in order to ensure segregation of funds and to protect the interest of depositors. The banks shall ensure proper maintenance of records for all transactions for disclosure of assets, liabilities, expenses and income of BD/IBB(s).
The Islamic Banking Division will also comply with statutory liquidity
and cash reserve requirements determined by SBP.
Comments:
Islamic banks can play important role in economic development of any country:
Islamic banks, while functioning within the framework of Shariah, can perform a crucial task of resource mobilization, their efficient allocation on the basis of both PLS (Musharaka and Mudaraba) and non-PLS (trading & leasing) based categories of modes and strengthening the payments systems to contribute significantly to economic growth and development. Sharing modes can be used for short, medium and long-term project financing, import financing, pre-shipment export financing, working capital financing and financing of all single transactions. In order to ensure maximum role of Islamic finance in development of the economy it would be necessary to create an environment that could induce financiers to earmark more funds for Musharakah/Mudarabah based financing of productive units, particularly of small enterprises.
The non-PLS techniques, as acceptable in the Islamic Shariah, not only complement the PLS modes, but also provide flexibility of choice to meet the needs of different sectors and economic agents in the society.
Trade-based techniques like Murabaha with lesser risk and better liquidity options have several advantages vis-à-vis other techniques but may not be as fruitful in reducing income inequalities and generation of capital goods as participatory techniques.
Ijarah related financing that would require Islamic banks to purchase and maintain the assets and afterwards dispose of them according to Shariah rules, require the banks to engage in activities beyond financial intermediation and can be very much conducive to the formation of fixed assets and medium and long-term investments.
On the basis of the above it can be said that supply and demand of capital would continue in an interest free scenario with additional benefit of greater supply of risk-based capital along with more efficient allocation of resources and active role of banks and financial institutions as required in asset based Islamic
theory of finance. Islamic banks can not only survive without interest but also could be helpful in achieving the objective of development with distributive justice by increasing the supply of risk capital in the economy, facilitating capital formation, and growth of fixed assets and real sector business activities.
Salam has a vast potential in financing the productive activities in crucial sectors, particularly agriculture, agro-based industries and the rural economy as a whole. It also provides incentive to enhance production as the seller would spare no effort in producing, at least the quantity needed for settlement of the loan taken by him as advance price of the goods. Salam can also lead to creating a stable commodities market especially the seasonal commodities and therefore to stability of their prices.
It would enable savers to direct their savings to investment outlets without waiting, for instance, until the harvesting time of agricultural products or the time when they actually need industrial goods and without being forced to
spend their savings on consumption.
Banks might engage in fund and portfolio management through a number of asset management and leasing & trading companies. Such companies/entities can exist in the economy on their own or can be an integral part of some big companies or subsidiaries, as in the case of Universal Banking in
They would manage Investors Schemes to mobilize resources on Mudaraba basis and to some extent on agency basis, and use the funds so collected on Murabaha, leasing or equity participation basis. Subsidiaries can be
created for specific sectors/operations, which would enter into genuine trade and leasing transactions.
Low risk Funds based on short-term Murabaha and leasing operations of the banks in both local as well as foreign currencies would be best suited for risk-averse savers who cannot afford possible losses, in PLS based investments.
Under equity based Funds, banks can offer a type of equity exposure through specified investment accounts where they may identify possible investment opportunities from existing or new business clients and invite account-holder to subscribe. Instead of sharing in the bank’s profit, the investors
Would share the profits of the enterprise in which funds are placed with the bank taking a management fee for its work. Banks can also offer open-ended Multiple Equity Funds to be invested in stocks.
Small and medium enterprises (SME) sector has a great potential for expanding production capacity and self-employment opportunities in the country. Enhancing the role of financial sector in development of SME
Sub-sector could mitigate the serious problems of unemployment and low level of exports.
The banks may introduce ‘SME Financing Funds’ with various geographical locations. The corporate sector and the commercial banks may set up a network of such Funds under the aegis of SECP by establishing institutions
Under syndicate arrangements or otherwise.
Features of State Bank’s Islamic Export Refinance Scheme:
State Bank of
Ø The facility is allowed only against transactions, designed on the basis of Islamic Modes of financing approved b the Shariah Advisor/Board of the concerned bank.
Ø Each Islamic bank shall be under obligation to create a Musharaka pool (having a minimum of 10 companies - to be achieved in first year of operations) consisting of financing to blue chip companies on
Islamic modes. The blue chip companies shall mean such companies involved in the export business or other business or both, or a manufacturing concern marketing their products in Pakistan or abroad, who have i) good track record on the stock exchange or ii) have a rating of minimum B + or equivalent by the rating agencies approved by the State Bank for rating banks in Pakistan, such rating should be acceptable to the bank as per its own lending policies, for advancing loans, or iii) companies having Return on Equity (ROE) during last three years which should be at least higher than the rates of finance prescribed by the State Bank during those years on its conventional EFS. In case of a company which is in operation for less than three years, the ROE of the available number of years shall be considered. The Islamic Bank shall ensure that companies selected for Musharaka Pool under the above criteria does not have adverse Credit Information Bureau report as also export overdue of more than one year.
Ø The State Bank will share in the overall profit (gross income less any provision created under Prudential Regulations during the period plus amount recovered against prior periods’ losses and reversal of provision)
earned by the Islamic bank on the Musharaka pool under the provisions of the IERS calculated on daily product basis.
Ø If, on the basis of the annual audited accounts of the Islamic Bank, the profit accruing to the SBP is more than the profit paid to the SBP on quarterly basis as per un-audited accounts of earnings of the pool, the difference shall be deposited by the Islamic bank, within 7 days of its determination, in a special non remunerative reserve fund viz. “Takaful Fund” to be maintained at the office of the SBP BSC (Bank), where the head office/country office of the concerned bank is situated. This arrangement shall remain effective for all intents and purposes for the duration of the agreement.
Ø If, on the basis of the annual audited accounts of the pool, the share of the State Bank in the profit works out to be less than the amount, which has already been paid to the State Bank on provisional basis, the State Bank will refund the excess amount involved out of balance held in the Takaful Fund, if any.
Ø In the event of loss suffered on the Musharaka pool on the basis of annual audited accounts, the Islamic bank and the State Bank shall share the loss in the proportion of their share of investment in the Musharaka Pool expressed on daily product basis. The share of loss to State Bank will first be met out of credit balance in the Takaful Fund, if any. The loss not met from the Takaful Fund shall be borne by the State Bank.
Ø In case of loss, the Islamic bank shall be entitled to claim refund on account of share of profit paid by it to SBP on provisional basis, along with SBP’s share in the loss of principal amount extended to the Musharaka pool.
REFERENCES
INTERNET:-
BOOKS:-
Money Banking & Finance by Hassan Mobeen Alam.
Banking Law & Practices by Dr. Asrar H. Siddique.
