Islamic finance could be a growth industry

| Thursday, July 30, 2009

The world is on the brink of facing an economic and environmental disaster due to the financial crisis and global warming, yet we are focusing on the type of clothes a woman may choose to wear. As an Australian Muslim woman, I found it horrifying to listen to the French President’s statements about the burqa being a sign of subservience and oppression. Be it Muslim men such as Sheikh Hilali or the French President, it’s a serious crime against womankind when men choose to speak on behalf of women, especially in regards to their choice of clothing.

Even more horrifying was the recent hate crime in a German court when Marwa el-Sherbini, now known as the “hijab martyr” was stabbed 18 times in front of her three-year-old son. Her crime? She chose to wear a headscarf - an innocent act of devotion to God. Furthermore, just recently a Muslim woman wearing a face covering was told by a Sydney bus driver to “take off her mask” before entering the bus - a severe infringement on her rights.

In my opinion, if leaders such as President Sarkozy continuously choose to focus on representing Muslims in a negative light, such Islamophobic actions will only be encouraged. Those who make no effort to understand Islam and its extensive intellectual history will never be able to embrace an intercultural attitude and instead, hatred and ignorance will be rife. With scepticism in my heart, these recent headlines made me wonder, “Will I ever be able to witness a world in which Islam is understood for its depth and scholarship, rather than items of clothing which only touch the surface of what Islam truly means?”

Thankfully Islamic finance saved the day. I was recently involved in organising a symposium on Islamic finance held on July 6, 2009 and titled “Islamic Finance and the Global Economic Crisis”. Senator Nick Sherry, Assistant Treasurer of Australia and Dr John Hewson were a couple of the main speakers at this conference which was organised by the National Australia Bank in conjunction with La Trobe University's School of Economics and Finance and Muslim Community Cooperative Australia Ltd. It was held at the InterContinental Melbourne, the Rialto in order to provide networking opportunities and raise awareness of the opportunities this US$1 trillion industry had in Australia.

Many key companies from the legal and commercial industry were also present at this symposium including PwC, Mallesons Stephen Jacques, Freehills, The Islamic Development Bank, Kuwait Finance House and Dubai Islamic Bank. It also marked the launch of the first ever Masters Program on Islamic Banking and Finance at La Trobe University in Australasia.

It finally made me proud to see the community focusing on more significant issues, such as the global financial crisis rather than revitalising old and tiresome debates about Muslim women’s clothing. Islamic finance has recently risen as a topical debate in Australia due to its resilient nature in the current financial market. In comparison to its Western counterparts, the Dow Jones's Islamic financials index rose 4.75 per cent in the most recent September quarter. It is also reported that the Islamic finance industry is growing at 15-20 per cent, which is faster than any other subset of global banking. Many argue that this is due to the fact that Islamic finance does not invest in high risk products such as complex derivatives.

Furthermore, the government has indicated its support for this industry. Former Assistant Treasurer and the recently appointed federal cabinet minister, Senator Chris Bowen, used the Islamic Finance industry as an example of an untapped opportunity for Australia. “I think there's great opportunities such as Islamic finance,” he said. “The majority of the world's Islamic population lives in Asia, and Singapore and Kuala Lumpur are trying to corner this market for themselves and I think Australia can play a role. Even if we only take a small percentage of the market it could generate a lot of wealth and a lot of jobs in Australia.”

The Islamic financial and economic system is based on Shari’a rulings, which have traditionally governed such transactions based on the Koran (Muslim holy text) and the prophetic tradition. The main difference between the Western and Islamic financial systems is that the latter prohibits interest (riba), any form of uncertainty or speculation (gharar), and also prohibits investment in the following industries: alcohol, swine products, weapons, gambling or brothels.

Instead of charging interest, Islamic finance relies on “profit-and-loss-sharing” (PLS) and this is based on concepts such as: trustee finance (mudaraba), equity participation (musharakah), cost plus financing (murabaha), leasing (ijara), payment financing (bai bi-thamin ajil) and hire purchase finance (Bai’ Al-Takjiri). A number of banks in the United Kingdom have Islamic windows offering Islamic financial products and in 2004, the Islamic Bank of Britain was established to offer wholly Shariah compliant products. The murabaha model is used in the UK retail market to structure Islamic mortgages. Under this method, the bank purchases the asset with the customer, the rent charged is benchmarked according to market interest rates and the customer pays back this rent over a number of years

This system has not been adopted by any Australian banks; however the Muslim Community Co-operative Australia has been set up as a financial service for Muslims and non-Muslims and operates under the Islamic system. Also, the NAB has recently introduced Muslim-friendly loans known as Qard-Hasan (benevolent loans) which provide loans of up to $1,000 to help customers finance household items.

Will Australia follow the UK approach or will anti-Muslim sentiment block the intellectual debate this system deserves? I am not advocating a revolution in our current economic system; I am simply encouraging Australia to follow UK’s lead and provide further intellectual space for dialogue and debate on Islamic finance. I also believe the media’s focus needs to be shifted to how the religion can better help society through its rich intellectual history on issues such as the global financial crisis, rather than discussing burqas and headscarves lest we fall into witnessing horrific hate crimes such as the one Germany recently faced.

Link: http://www.onlineopinion.com.au/view.asp?article=9234

Islamic Finance Centre Launched by Thomson Reuters on the Westlaw Business Global Legal Platform

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EAGAN, Minn. and LONDON, July 29 /PRNewswire/ -- Thomson Reuters today announced the addition of the Islamic Finance Centre on the Westlaw Business global legal platform.

Westlaw Business combines transactional and legal guidance with tools designed specifically for business lawyers. "The Islamic Finance Centre leverages the best assets from across Thomson Reuters, along with legal guidance from, and in close partnership with, Islamic finance standards boards," said Kevin Ritchey, senior vice president, Westlaw Business. "It is the first legal resource of its kind designed specifically for lawyers working on Sharia-compliant transactions. Our goal is to advance transparency and legal insight into this growing area of practice to better serve legal professionals on a global basis."

The Westlaw Business Islamic Finance Centre is a unique service, including deals, documents and precedents, as well as terms and conditions on over 6,000 Sharia-compliant deals. The Centre features standards from Islamic finance boards, and also highlights coverage of industry events, trends, news and exclusive expert guidance; discussions of recent developments in Islamic finance regions; and relevant legislation and case law.

Westlaw Business is seen as a key global platform for business lawyers. "To develop the new Islamic Finance Centre on Westlaw Business required an extraordinary level of teamwork across Thomson Reuters," said Helen Owers, chief operating officer for Thomson Reuters, Legal. "Islamic finance is an underserved and rapidly expanding market, and Thomson Reuters is delighted to advance this space and help position lawyers around the world to grow it even further."

The Islamic finance market, estimated at $700 billion to $1 trillion in assets, is growing at a rate of 10 to 15 percent annually. "The Islamic Finance Centre on Westlaw Business is the first of its kind in the legal community," said Rushdi Siddiqui, global head of Islamic Finance and OIC Countries for Thomson Reuters. "The Centre will provide a unique level of transparency into Islamic finance deals for the global community in these challenging times. It will become the global go-to platform for examining industry body regulations and standards, as well as central bank policies relating to Islamic finance, for lawyers, investment bankers and product-structuring teams."

In addition to Islamic finance, Westlaw Business features other specialized work centres, including Restructuring, U.S. Securities, M & A, Private Equity and LIVEDGAR. Since its launch as a global platform in February of this year, Westlaw Business has added specialized content centres for Canadian and U.K. securities, as well as a global Business Citator, with filings and information relating to public and private businesses worldwide.

For additional information on the Westlaw Business Islamic Finance Centre and Westlaw Business, go to westlawbusiness.com.

About Thomson Reuters

Thomson Reuters is the world's leading source of intelligent information for businesses and professionals. We combine industry expertise with innovative technology to deliver critical information to leading decision makers in the financial, legal, tax and accounting, scientific, healthcare and media markets, powered by the world's most trusted news organization. With headquarters in New York and major operations in London and Eagan, Minn., Thomson Reuters employs more than 50,000 people in 93 countries. Thomson Reuters shares are listed on the New York Stock Exchange, Toronto Stock Exchange, London Stock Exchange and Nasdaq. For more information, go towww.thomsonreuters.com.


SOURCE Thomson Reuters

Takaful is growing in Sri Lanka

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Amana Takaful Insurance recently marked its 10th year of operations in Sri Lanka whilst also marking a significant milestone for Takaful in Sri Lanka by reaching Rs 1 Billion in GWP for the last financial year. Within this short period of time Amana Takaful has been successful in carving a market for themselves in Sri Lanka and also rose in its Brand Rating by 7 notches to 70th position last year, in the rankings researched by Brand Finance. Today Amana Takaful is among the top 10 insurance companies in Sri Lanka and is present in the South, East, West, North Central and Central hills. The Daily Mirror spoke to Mr. Aashiq Aminuddin, Marketing Manager of Amana Takaful Insurance to find out more about the company's objectives and future plans.

"Having started off small with just around 20 employees we now have a staff strength of over 500 working in 18 locations and also in Maldives. Our main strength I would say is our strong Takaful concept for which we have been able to successfully carve out a market in Sri Lanka. Amana Takaful has been able to change the landscape of insurance in Sri Lanka, by offering policyholders the opportunity of sharing underwriting profits", says Mr. Aminuddin.

"At the beginning there were many hurdles to overcome because the concept was new to Sri Lanka. However, through persistent endeavors the staff was able to build a market for Takaful. As mentioned earlier the provision of Surplus Refunds (underwriting profit) helped the attainment of the billion mark as well and Takaful is growing steadily", he added.

The Takaful Insurance system is about fairness. It is a bond and a commitment to serve one another sincerely and truly, by providing financial security through solidarity. The Takaful concept is about helping all parties benefit progressively for the good of the country and its people. Here policy holders are not mere buyers, but are participants of a group fund built with the intention of helping one another through contributions. This good feeling of mutual assistance is the key to Takaful, which also provides the participants the benefit of claiming at times of need.

"When selecting an insurance company, the customer needs to pay more attention to the best service provider and not the best rate provider. What customers yearn for is a friend at times of need; therefore we need to build our offering around this basic customer requirement. Although there is an abundance of information and communication in the market, penetration levels of life insurance is only about 10% in Sri Lanka, therefore we need to create more realization with regards to the importance insurance and the benefits of obtaining a life insurance cover.

"In terms of Life insurance, Sri Lankan's should opt for insurance at a younger age. This habit will definitely benefit them in the long-term as the investment in insurance would be higher later in life. In addition, this needs to be understood is that individuals will be providing for better medical attention and help not to be a burden on the country", further stated Mr. Aminuddin.

"Promoting Takaful in Sri Lanka has been an equally rewarding task for Amana Takaful Insurance which continuously improved its Brand Rating according to the published data by LMD and researched by Brand Finance. The latest report showed Amana Takaful in the 70th position which is 7 positions higher than the previous year. This bears testament of our customer satisfaction, service and awareness that was scrutinized by Brand Finance", Aminuddin explained.

"Through results Amana Takaful Insurance was able to allay the misconception and belief that Takaful is meant for a select few in Sri Lanka.

Our clientele is proof that Takaful is being embraced fully and many Sri Lankans are opting in. We are confident of growth in the future", he stressed.

The company recently stepped up its operations aggressively in its branches located in the East in areas such as Trincomalee, Kathankudy and Kalmunai as well as Kaduruwela in Polonaruwa. With its expansion drive in full swing, Amana Takaful Insurance is aggressively growing in Sri Lanka, in terms of its portfolio size and client base, whilst also taking the Takaful concept of insurance to greater heights.

Amana Takaful provides General, Life and Medical insurance solutions. Its Life arm operates as Amana Takaful Life and is now in the process of expansion. The flagship of General insurance is Amana Takaful Total Drive (Motor policy) that provides easy methods of claim settlement to ease customer's minds with the additional benefit of Surplus Refunds.

In terms of Life insurance, Amana Takaful Life offers financial plans for individuals, children and families through products such as Secura Platinum, Secura Gold, Educate and Secura.

Meanwhile, Medical Takaful was given new impetus and released three new products into the market, by the name of Hale and hearty, sub categorized as Young Minds, Young Adults and Easy, to cater to the 3 main age groups, including young children .

Link: http://www.dailymirror.lk/DM_BLOG/Sections/frmNewsDetailView.aspx?ARTID=56348

How Do Islamic and Ethical Investing Impact Portfolio Performance?

| Tuesday, July 28, 2009


How Do Islamic and Ethical Investing Impact Portfolio Performance?

How Do Islamic and Ethical Investing Impact Portfolio Performance?

The example provided by Islamic finance has gained notice from communities quite outside the Muslim world not least of all from the center of an entirely different faith-based community. Earlier this year, Bloomberg News reported a statement by the Vatican through its official newspaper Osservatore Romano that banks should look at the rules of Islamic finance to restore confidence among their clients at a time of global economic crisis. These rules, in other words, are not particular to Islam nor to the Roman Catholic Church nor to any other individual faith or belief system but to the ethics and values that should support the financial dealings of any and all communities in any and all marketplaces.


Islamic Screening Criteria

In Islamic investing, Shari'ah law allows investment in company shares (common stock) as long as those companies do not engage in lending, gambling or the production of alcohol, tobacco, weaponry, pornography and environment pollution. Investment in companies may be in shares or by direct investment (private equity). Islamic scholars have made some concessions on permissible companies, as most use debt either to address liquidity shortages (they borrow) or to invest excess cash (interest-bearing instruments). One set of filters excludes companies that hold interest-bearing debt, receive interest or other impure income or trade debts for more than their face values. A further distillation of these screens would exclude companies whose debt/total asset ratio equals or exceeds 33%; companies with "impure plus non-operating interest income" revenue equal to or greater than 5%; or companies whose accounts receivable/total assets equal or exceed 45% or more.


SRI Investment Screening Criteria

SRI uses negative criteria to avoid investing in companies that are involved in specific areas. This screening is largely subjective, often depending on individual consciousness, but a general look at those screenings shows a similarity to the screens used by the Islamic world when selecting suitable investments with riba (interest) probably being the major difference between the two sets.


Ethical screenings in the conventional banking world rule out many of the same kinds of firms as are screened out of the Islamic finance world, such as those involved in gambling, alcohol, arms manufacture, tobacco, pornography and the like. Ethical investments tend to use negative criteria to avoid investing in companies involved in areas such as:

Trading with oppressive regimes and countries with poor humanrights records.

Environmentally damaging practices.

Pornography and offensive advertising.

Gambling.

Tobacco and alcohol production.

Unnecessary exploitation of animals.

Unsafe products and services.

Genetic engineering, abortion and embryonic research.

Armaments.


Something in Common

One can see that in ethical and Islamic screening criteria, there are some things in common. The difference, of course, is the Islamic prohibition on interest-based transactions and interestbased finance. As far as conventional ethical schemes are concerned, this does not even register.


In order for Islamic finance to play a greater role in the investment field, there is a need to stress what the Islamic model has in common with the socially responsible investment community of the conventional world and to point out that the industry is already pre-screened so that it inherently meets the needs of the ethically conscious market.


Islamic finance has the potential, and appeal, to be used outside of the Muslim community. In serving the Muslim community, the differentiation of Islamic financing from conventional financing must be stressed, showing the faith-oriented differences between Islamic modes and conventional ones. But to the non-Muslim market, similarities should be stressed because to that market, financing is just a commodity item.


Ethical Factors in Investment

Investment managers stand a good chance of improving their portfolio performance and reducing their risks if they pay closer attention to the social and environmental performance of the companies in which they plan to invest. Ethicsrelated factors which may serve to depress investment returns include the cost and availability of capital; increased liability claims; expanded rules on disclosure; greater emphasis on social and environmental factors in credit risk ratings; corporate governance; the emergence of environmental taxes; and the increasing use of economic arguments by ecological pressure groups. Ethics-related factors that could benefit companies include increases in resource productivity and market share growth and new business development due to companies recognising the potential offered by ethical investment.


There are many ways in which company strategies perceived as ethical or Shari'ah compliant can impact share price both at the company and at the portfolio level. Let us examine the different ethical influences through two descriptive models in order to understand how risk and return can be affected in financial performance. Both ethical and Islamic investors can learn from these two models.


The Effects of Ethical Behaviour On Company Share Price

First, let us examine which company strategies perceived as ethical can impact on share price. The model shows the main links between the company, shareholders, employees, customers and government and how ethics can impact a companys cash flow in terms of costs, sales and the cost of capital.


Company Policies

Improved social and environmental performance can lead to cost savings by preventing environmental liabilities and reducing materials and energy consumption. At the same time, it should be recognised that some of the behaviour that ethical investors favour is very unlikely to be more profitable for a company, at least in the short term. A good example is a company decision to turn down a lucrative military contract with an oppressive regime; that is not likely to increase profits unless the company can find an equally profitable contract elsewhere or the long-term effects on reputation prove more beneficial. Similarly, not all efforts to reduce impact on the environment may save money or earn a reward in the marketplace.


Reputation

It may be mentioned that ethical or unethical behaviour can have an impact on reputation and share price. A good example is how an oil-exploring company such as Shell can be hampered by wider social issues. The boycott of Shell in 1995 resulting from the companys attempt to dump its Brent Spar oil platform in the North Sea showed a willingness by the consumer to favour companies which have a policy to respect the environment. Later Shell found itself at the centre of international controversy for its operations in Nigeria in relation to that countrys poor humanrights record. Shareholder and consumer pressure forced Shell to recognise that separation of business from the wider society is not healthy for business.


Consumers

In the business world, companies are increasingly recognising that they have to pay attention to all their stakeholders. In 1996, MORI conducted a poll that found that three out of 10 people had chosen or boycotted a product or company for ethical reasons. Campaigning organisations are increasingly targeting their campaigns against large multinationals and using the power of consumers and investors whose awareness of ethical issues is growing to persuade companies to change.


Regulation

Government regulation plays an important role in promoting ethics in business. Managers of environmentally ethical funds, for example, say that because of the environmentally proactive stance of the companies they select for investment - whether that means using the latest environmental technology, minimising damage to the environment or employing best practices - these companies will benefit from future regulation by being ahead of the game.


Employee Motivational Training

Human resources development, or the motivational training of employees, can create a pleasant working environment and sound work practices which have a positive effect on productivity and efficiency. Motivational training can provide profitability within the company. A 1996 MORI survey found that 41% of the employees satisfied with their jobs will recommend their employers products or services without being asked. On the other hand, not all attempts to invest in better stakeholder relations can be expected automatically to yield a greater return.


Effects of Islamic Ethical Investment On a Portfolio

The Islamic ethical criteria of Islamic equity funds, along with their managers, are the key influences on portfolio performance. The Shari'ah supervisory board defines the ethical universe from which the fund manager can invest. In the case of a passively managed fund, it is only the Islamic ethical criteria and the index construction rules that are the key influences, though very few passively managed Islamic ethical tracker funds exist. A model (Figure 2) depicts the ways in which Islamic ethical investment criteria can impact portfolio performance.


Diversification

The use of Shari'ah principles to define the investible universe at the portfolio level may lead market players to assume that there may be some degree of lesser diversification. However, portfolio variability does not reflect the average variability of its components because diversification reduces variability. In finance, even a little diversification can provide a substantial reduction in variability, and the investor can get most of the benefit with relatively few stocks.Therefore the negative diversification effects of selecting stocks from an Islamically constrained universe are likely to be very tiny.


Sector and Stock Effects

Islamic ethical restrictions will have an impact on the size and structure of the resulting investible universe. It is often said that Islamic investment funds exhibit a smaller-companies effect since they tend to invest in smaller or medium-size companies. Larger companies may be more likely to be ruled out by Islamic ethical screening as they tend to be involved in a larger number of areas of which investors might disapprove. Smaller companies may be more volatile than larger companies, which matters in the short term, although a portfolio of smaller companies will diversify away the specific risk of individual stocks.


Furthermore, Islamic ethical funds are often overweight in some sectors such as technology and construction, etc. The Islamic ethical universe completely avoids sectors such as tobacco, conventional banks, pornography, alcohol, gambling, polluting industries and so on which are against Islamic ethical criteria. In the short term, these sector-related effects will come into play as some sectors do better than others. This can have a positive or negative effect depending on the balance of sectors in the portfolio compared with the unconstrained universe. Nevertheless, sometimes sectors viewed as unethical will have inherent long-term liabilities, for example, the tobacco sector. Overall, the likelihood is that individual sector effects will balance out, at least in the long term.


Tracking Error

The tracking error of an Islamic ethical fund against unrestricted (conventional) indices (such as MSCI, FTSE or CRSP, etc.) compared with that of an unconstrained fund is also likely to be higher. Shorter-term performance may diverge widely from that of funds using more conventional approaches and from unrestricted (conventional) indices. But the tracking error may not matter to the investor concerned about the balance of return and risk measured by the volatility of a fund.


Concentration

Like mainstream ethical funds, a few Islamic ethical funds claim that because they have fewer companies to invest in, they know those companies better and are more focused on their activities and, as they are often long-term investors, this pays off over time. If Islamic ethical funds have fewer companies to invest in and a tendency to invest in them for longer, there will be less churn in the portfolio and lower trading costs.


The style of fund manager and experience may or may not fit with a particular Islamic ethical approach. A particular style may suit restrictions better than others, or Islamic ethical criteria may interfere with some fund managers strategies. For example, suppose a fund managers strategy calls for an overweighting of chemical stocks: In this case, Islamic screening may interfere with implementation because of environmental considerations. A possible source of underperformance could therefore be a mismatch between the skill and style of the fund manager and the requirements of the particular Islamic ethical approach adopted.


The research cost into company activities may be passed on by fund managers to the investor because increased management costs may impinge on the financial performance of some Islamic ethical funds. However, while Islamic screening may represent an extra layer of cost, this is more than compensated for by the high level of customer retention that Islamic ethical funds appear to have.


Management of Funds

The Islamic ethical investment industry claims that while assessing a companys social and environmental record, a better insight into an organisations financial performance can be gained. Some behaviour also positively viewed from an ethical standpoint (such as the implementation of an environmental management system or good employee relations) can be a proxy for a generally well-managed company.


Many Possibilities

There is a wide range of ways in which ethical or unethical behaviour could influence a companys commercial success and its share price. The two models above demonstrate that the use of Islamic ethical criteria in the selection of a portfolio of shares could also have a variety of positive and negative effects upon investment performance. The combination of all these factors may have the overall effect of broadly similar financial performance to conventional funds. It is not true that Islamic ethical criteria will always lead to a good performance, nor will it always lead to a bad one.

Link: http://www.islamica-me.com/article.asp?cntnt=343

Corporate Governance and Islamic Finance

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by Hany Abou-El-Fotouh

Corporate Governance and Islamic Finance

Corporate Governance and Islamic Finance

Good corporate governance is essential for the development of a vibrant and sound Islamic finance industry. Corporate governance has mainly to do with transparency, accountability and fairness. The concept of corporate governance was proposed as a result of increasing awareness about the importance of the need to protect the rights of all stakeholders, including minority shareholders. Whilst the term corporate governance has gained importance only in the last two decades, the concept is not essentially strange to Islam.


Good Corporate Governance

Good corporate governance is more than a good idea. It encourages flow of investments, lowers the cost of capital and supports strong capital markets. Corporate governance represents structures and processes that entail individuals carrying out business whilst exercising professional discretion in a way that exhibits integrity, judgment and transparency. These principles are essential to Shari'ah and Islamic finance.


The Organisation for Economic Cooperation and Development (OECD) Principles of Corporate Governance focus on:

Accountability:

Ensuring that management is accountable to the Board and the Board is accountable to shareholders.

Fairness:

Protecting shareholders rights; treating all shareholders - including minorities - equitably and providing for effective redress for violations.

Transparency:

Ensuring timely and accurate disclosure on all material matters, i.e., financial situation, performance and ownership.

Responsibility:

Recognising the legal rights of stakeholders.


The teachings of Shari'ah bind fairness and honesty to the main principles of any conduct, including transactions. We may strongly argue that good corporate governance is consistent with Shari'ahcompliant financial conduct which prohibits fraud, embezzlement, misstatement and other patterns of dealings that cause abuse, injustice and gharar (risk, uncertainty, and hazard).


Is the Islamic Corporate Governance Model Different?

The question remains: How is the corporate governance of an Islamic financial institution different from that of a conventional counterpart? The Islamic model of corporate governance would first look at the transactional structure to see whether the transaction involves elements that invalidate the gains or profits. Conventional governance practices do not perform a similar function (except for transactions with related parties, self-dealing, etc.) On the other hand, it ensures that the transactions do not contravene the corporate code of business ethics and cross the line that the law has drawn. Since Shari'ah represents a major source of legislation in most of the Muslim countries, it plays an important role in the legislative and regulatory development in such countries. It is not unlikely that some Muslim countries would rely on Shari'ah for possible future implementation of corporate governance, whether in the form of code or regulations.


For example, Shari'ah provides the proper platform for codifying fiduciary duties and related ethical practices. These practices are the foundation of good corporate governance as outlined in the OECD Principles of Corporate Governance. Therefore, we believe that modern corporate governance practices are consistent with Shari'ah.


The OECD Corporate Governance Principles emphasise more disclosure and rights to shareholders. Protection of minority interest is considered crucial for stronger capital markets. For that reason, legal protections for minority shareholders and their strong enforcement encourage local and international investors to invest in emerging markets.


Shari'ah has mandated similar or higher importance to such issues for doing business. Like modern governance practices, the Islamic corporate governance model requires application of modern and higher standards of minority protection against expropriation, more disclosures and transparency and effective accountability.


With this outlook, and as Shari'ah does not indicate any upper limit for better regulation, the contemporary drive for achieving higher standards in corporate governance does not appear to conflict with Shari'ah. Consequently, Islamic financial institutions would have no problem in meeting modern corporate governance practices.


Who Are the Major Stakeholders in Islamic Financial Institutions?

There are a number of key players and stakeholders in Islamic financial

Institutions:

Shareholderswould be interested in protecting the value of their equity in the financial institution and obtaining a good rate of return

Demand Depositors would be interested in guaranteeing the value of their deposits and having ready access to their funds.

Investment Depositors are murabaha contract holders with Islamic banks who supply funds to banks to invest properly. They would be interested in protection of principal and obtaining a good rate of return.

Regulators have legal power to monitor the daily activities of Islamic financial institutions. They would be interested in preventing systemic problems and crises, protection of the quality of financial products and efficiency of the financial system.

Financial Market Authorities set minimum standards for transparency and disclosure and would be interested in an efficient financial market.

The Islamic Finance Community would benefit from standardising Islamic financial products, contracts and practices.

The Public would be interested in obtaining quality financial services at competitive prices. In order to have good corporate governance, the board of directors, management and the auditors of an Islamic financial institution should perform their professional duties with the objectives of satisfying the needs of the shareholders and Allah as well. Corporate governance aims to enhance accountability, transparency and trustworthiness. These values are crucial in Islam.

The Shari'ah Supervisory Boards Role in Corporate Governance

The Shari'ah supervisory board is part of the internal governance structure of the Islamic financial institutions and appointed by shareholders of the institution. Its main function is to review and ensure that all transactions, contracts, products and applications relating to Islamic financial institutions comply with Shari'ah rules and principles according to the specific fatwa, rulings and guidelines that have been issued.


In order to establish a good corporate governance framework, the Shari'ah supervisory board may have to extend its jurisdiction to cover governance issues of this nature.


Actions Louder Than Words

According to The Islamic Financial Services Board (IFSB), there is no single model of corporate governance that will work in every country; each country or even each organisation needs to develop its own model.


From the standpoint of Islam, deeds are more significant than rhetoric, as highlighted in one verse of the Quran: "Why do you say that which you do not do? Corporate governance should be practiced in the form of deeds. Only when actions speak louder than words can a good corporate culture come forward and protect the welfare of all.

Link: http://www.islamica-me.com/article.asp?cntnt=342

IDB And Bank Negara Hold Course Islamic Finance

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KUALA LUMPUR, July 27 (Bernama) -- The Islamic Development Bank (IDB) and Bank Negara Malaysia are jointly organising a five-day course on the fundamentals of Islamic finance which started here Monday.

The course marked an effort in the capacity building programme to enhance knowledge and expertise in Islamic finance among the Organisation of the Islamic Conference (OIC) member countries, Bank Negara said in a statment.

Officiated by Bank Negara governor Tan Sri Dr Zeti Akhtar Aziz, who delivered the opening address, the course saw participants from 25 OIC countries as well as others from Germany and Switzerland.

According to Bank Negara, the course and panel session provide a learning platform for central bankers, Finance Ministry officials and securities industry regulators to enhance their knowledge and expertise on Islamic finance.

The topics covered include Islamic finance operations and institutional capacity, and Syariah and regulatory framework for the effective implementation of a resilient Islamic financial system.

Participants have the opportunity to engage with industry practitioners on contemporary issues pertaining to the development of Islamic finance globally, the central bank said.

"The course also provides an excellent networking opportunity for fellow central bankers and policy makers to exchange views on the role of Islamic financial services industry in this challenging financial market environment," it said.

The speakers and panellists come from participating institutions like Bank Negara, Securities Commission, International Centre for Education in Islamic Finance, International Syariah Research Academy, and Islamic Banking and Finance Institute Malaysia.

Islamic finance gives universities a bonus

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Khalid El Sheikh at Bangor University with Philip Molyneux
Khalid El Sheikh, left, is taking Bangor's Islamic finance MA. Philip Molyneux (right), head of the business school, says demand has also come from sharia scholars Photograph: Colin McPherson

With global finance on its knees, this summer's business graduates face an even trickier jobs market than most. But there is one area of banking still experiencing boom time – Islamic finance – and universities have been quick to grasp its possibilities.

This September will see new courses and postgraduate qualifications in Islamic finance springing up throughout the UK and elsewhere in Europe, reflecting the fact that it has become one of the fastest-growing sectors of the global banking industry, expanding by between 15% and 20% a year. Assets held by institutions adhering to Islamic finance principles now amount to nearly 1 trillion dollars.

In the UK, interest in the sector also reflects the government's commitment to promoting Britain as an Islamic finance centre. The UK already leads Europe in the number of Islamic finance training courses it offers, from entry to postgraduate level, and in 2006 saw the launch of the Islamic Finance Qualification, a joint initiative between a Lebanese business school and the Securities and Investment Institute.

London gateway

Last December, the Treasury published a paper setting out the government's aim for London to be "Europe's gateway to international Islamic finance". This acknowledged that the industry was still young and therefore not yet experiencing skills shortages, but predicted that it soon would be. It stated: "The pool of potential applicants in the UK will have to keep up with the rapid growth of the market."

Universities have responded enthusiastically. Newcastle University is offering an MSc in finance and law with Islamic finance from next academic year. Henley Business School at the University of Reading has been offering an MSc in investment banking and Islamic finance since last year, with students spending the second part of the year in Kuala Lumpur. The University of Bangor in Wales has also been running its Islamic finance MA and MSc for a year and is considering introducing a new MBA in the subject, while the first students to take an Islamic finance option as part of an executive MBA offered in Dubai by Cass Business School will graduate this summer. Durham, which has been offering postgraduate research degrees in Islamic finance for some time, is now introducing a taught MA and MSc (the MSc is more quantitative), to respond to demand. Elsewhere in Europe, Reims Management School is offering a new specialist course in Islamic banking and finance for students on its masters in management programme, taught in English.

Student demand is driving the subject as much as any urging from governments. According to Rodney Wilson, founder and director of the Islamic finance programme at Durham, it is coming mainly from south-east Asia, particularly Malaysia, and the Middle East, although there is plenty of interest from the UK as well.

Joanna Gray, professor of financial regulation at Newcastle Law School, says she is keen that their new degree course is not just seen as something for Muslims. "It's for anyone interested in a fast-developing industry that in the UK has been quite busy in the past few years to accommodate forms of investment in finance that are sharia-compliant."

Sharia principles

Islamic finance really dates from the mid-1970s, with attempts to make products available through conventional banking, such as loans and mortgages, compatible with sharia principles. Sharia law prohibits any transaction that involves paying interest or investing in certain economic sectors such as gambling or pornography. It demands that both the investor and recipient of the investment must share any risk, and transactions have to be underpinned by tangible assets.

In the years immediately after 9/11, anything involving money and Muslims was viewed with suspicion by many in the west because of fears about terrorism, and Islamic finance is still taking off faster in the UK and France than in the US. But in the current global financial climate the principles it is based on have struck a chord.

"There is an extent to which, to a westerner, Islamic finance products look very similar to ethical finance products," says Stefan Szymanski, professor of economics at Cass. "There is a demand for morally upright investment vehicles, and Islamic finance is the Islamic version of that."

Philip Molyneux, head of the business school at Bangor, suggests that even if western banks do not want to introduce specific Islamic finance products – and an increasing number do – they still want to know how it is that many Islamic institutions escaped the worst effects of the credit crunch.

He has been surprised that demand for the MA and MSc has come not just from recent graduates and bankers wanting to improve their career prospects, but also from sharia scholars, who play a key role in Islamic finance. Any new financial product must be passed by them as sharia-compliant, so many financial institutions must now have scholars standing by ready to give their verdict. These scholars often disagree, and can even change their minds, but this offers plenty of scope for the kind of intellectual arguments that universities relish, not to mention graduate jobs.

On the whole, most of the new Islamic finance courses steer well clear of religious issues in favour of legal and financial questions because these are what most interest students. Khalid El Sheik applied for Bangor's Islamic finance MA because, having taken a first degree in computer science in Sudan before switching to a career in marketing, he felt his CV needed a business boost. He saw it as a chance to mark himself out from other students and to have a headstart in an area that was likely to offer plenty of future employment opportunities. "I had read about Islamic banking and how it was going to increase in future, and how most of the banking sector is now looking to it," he says. His fellow students at the university, including one from China, had the same idea, he says.

Szymanski agrees that it is the idea of the moment in many universities, and while Cass is still waiting to see how the market develops before introducing any similar courses, it is certainly considering the possibility.

"You just have to measure how many billions of dollars Islamic finance already handles in a year," he says. "If that grows over the years, it will become a universal part of every business school."

Link: http://www.guardian.co.uk/education/2009/jul/28/business-schools-islamic-finance

CBY, IMF discuss issuing Islamic instruments in Yemen

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SANA'A, July 27 (Saba) - Governor of Central Bank of Yemen (CBY) Ahmad al-Samawi discussed here on Monday with the International Monetary Fund (IMF)'s mission led by Ghiath Shabsigh the final results the mission has reached in its study on issuing the Islamic instruments in Yemen .

In the meeting al-Samawi valued efforts exerted by the mission in preparing for the study which would be reviewed by the government to make notes over its recommendations.

He indicated the successes achieved by the Islamic banks in Yemen, noting that they have become possessing more than 30 percent of the banking sector in Yemen, 27 percent of the deposits and 40 percent of the total financial facilities.

Approving the Islamic banking amended law recently by the parliament, allowing possession of big shares in the current banks by investors and opening branches for the traditional banks with Islamic principles would lead to growing these banks' role in the future, al-Samawi made it clear.

For his part, the IMF's official reviewed the distinct results of the study which affirmed that Yemen is a good environment for issuing the Islamic instruments and recommended starting the planning for issuing them in order to absorb the surpluses at the Yemeni Islamic banks and to use the instruments for financing the economic and social plans' projects.

The study was based on the general objectives that the Yemeni government seeks to achieve through issuing the instruments weather by expanding its financial base or by creating investment opportunities with Islamic finance tools, Shabsigh pointed out.

He indicated that issuing the instruments requires a programmed budget from the state for the projects and procurements funded from the Islamic instruments, confirming the importance of raising the budget's competency weather in the programming or executing phases in regards to financing the coming instruments.

How “back to basics” puts Islamic Investment at the forefront of Technology

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Although financial instruments created on the principles of Islamic finance are still in their infancy, they are at an important crossroads and the current crises in Dubai is a symptom of this.


If we were to examine the progress made in the development of Islamic financial instruments over the past 10 years, we would see that much of the developments have been to replicate Western financial instruments in a bid to make Islamic Finance more competitive and profitable.

However, this is at odds with what has actually occurred. Islamic investors such as those in Dubai are suffering due to institutional exposure to ‘Islamic’ type hedge funds, mortgage backed securities and over-investment in real estate. In its race to become the dominant financial sector in the Middle East, Dubai has relied heavily on leverage. A city driven by the need to be the first and the biggest could see the first and biggest bankruptcy in the region in the 21st century. Could a back to basics approach be beneficial to the markets and investors?

The fundamental tenets behind Islamic Finance; an investment based ideology, wealth creation for all members of society, prohibition of making money from money, make it perfect for investing in technologies which meet the challenges of today and tomorrow. Had all the effort that had been put into financial engineering been geared towards making investments in technology more accessible, the economies of large and small nations alike would have prospered. Everyone has seen the unprecedented growth in GDP over the past 15 years for countries such as Ireland and India due to their development of software and IT products.

Adherence to these tenets actually brings us closer to the original purpose of the financial markets, which is to match savers with those wishing to borrow money for investment purposes. Financial instruments should help mitigate risk and bolster liquidity. Note, borrowers should be using the funds for investment purposes, not consumption.

However, mortgage backed securities and variations of these became the de-facto financial instrument of choice and the resulting overpriced housing market allowed homeowners to borrow money through re-mortgaging mainly for consumption purposes. The problem with an overheated property market is sooner or later people say ‘we can’t afford it’. There comes a time in renewable energy research and implementation when governments say ‘we cannot afford not to.

Alicia Blackett, manager of iQuansys Ltd explains “the problem with the current direction of the implementation of Islamic Finance in a modern world is that it appears to be driven very much from a Western viewpoint. Financiers put their own spin on Riba and tried as many ways as possible to conceal debt. Ask most Western financiers about Khalifa and they’ll probably tell you it’s a town in Iraq. They lack the ability to develop its principle into the business world. Surely mans guardianship over the Earth and its resources means using those resources well for the benefit of everyone? We can achieve that and wealth creation through renewables. As for Zakat, Westerners have got that principle skewed too. Sukuk and Islamic mortgages were created to feed a stoked up, overheated housing market and investors were told creaming a small percentage off the top of the resultant profits relieves them of their obligations. However, lets look at the principle of sharing wealth. A functioning economy has investors financing a product, creating work and a labour force manufacturing the product and increasing their wealth through the collection of wages. Here, wealth is created for all members of society regardless of their financial position. Investing in an iQuansys Ltd technology based fund achieves that.”

There is still money to be made in real estate, which doesn’t suffer from the same default risk as MBS bonds yet provide a steady cash flow and also meet the social criteria of Islamic Finance – “social infrastructure” says Alicia Blackett.

With the downturn in the western economy and the social obligations of states, particularly the British government, there will be an increased demand for social housing whereby rent is paid by the government therefore default risk is minimised. iQuansys Ltd complements infrastructure funds with social property schemes. Such a steady but rising cash flow is also suitable for Islamic pension schemes and other medium risk ventures.

By providing low cost housing to governments, Islamic social criteria is met and also the cheap price of property now means that to liquidate the properties at a later time will provide capital growth too. “What’s important is people on the ground. We know of the property portfolios being auctioned and the particular areas desperately in need of cheap housing and match the two together to create successful purchases.”

However, it’s not just western governments who face this problem. Many predicted outbursts of violence in emerging countries such as China, South Africa due to the downturn in the economy. Before the industrial boom, many people where isolated, living in villages. The industrial boom caused hundreds of thousands if not millions of people to move to cities meaning that when a downturn came, there were large gatherings of disgruntled unemployed people with nothing to lose … Many emerging countries will face this same dilemma.

“It can be possible to replicate the profits made from cash flows generated from MBS in, say, infrastructure funds. The profit is made not by re-working basic financial instruments but by optimising the implementation process of the projects. Already, power projects based on renewables will have a significant cost saving during the life of the project. Smart metering will reduce waste. Enhanced project management skills will keep budgets on track. The important thing is to choose a company that offers the full service. That company is us”

Scholars of economic study will know that an economy is only as strong as its manufacturing base. iQuansys Ltd helps local companies in the Gulf region with partnerships, joint ventures, and developing business strategies. “That’s why we launched shariahtechtransfer – our sister website devoted to improving the skills base of students to senior managers.”

Our corporate training ensures that when a bond is issued or joint project synthesised, the participants have an understanding of the technologies and business processes that underlie it and our secure servers make the underlying visible. iQuansys Ltd tailors its investments for each client and ensures all their clients understand the technology they are getting involved in, the risks, and the likely returns. iQuansys Ltd use optimised software to improve the accuracy of those predictions as well as undertaking full market research and performing financial as well as technical due diligence on potential investment target companies.

Bangladesh To Bring Islamic Banking Under Basel-II Framework

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Dhaka, Bangladesh (AHN) - The central bank of Bangladesh issued an instruction on risk factors relating to an Islamic mode of investment Monday aiming to bring the country's Islamic banking under Basel-II framework.

"We've issued the instruction under the guideline on risk based capital adequacy for banks to identify credit risks of the Islamic banks." a senior official of the Bangladesh Bank (BB), the country's central bank, told AHN Media in the capital, Dhaka, preferring anonymity.

The Islamic banks along with the traditional banks, which have Islamic branches and wings, will have to calculate their risk weighted assets and capital adequacy requirement for implementation of the Basel-II framework, the BB official added.

Currently, seven private commercial banks out of 30 and a foreign bank are operating under the Islamic shariah, the BB officials said, adding that banks have their own shariah councils to dictate terms of banking under the Islamic rules and regulations.

In addition, 13 local and foreign commercial banks have opened Islamic banking branches and windows for operating Islamic shariah-based banking.

All Islamic banks and Islamic branches of conventional banks are required to measure and apply capital charges against credit, market and operational risk, the central bank said in its instruction, issued on Monday.

Islamic modes of investments are asset-based. Gross return of these investments is the spread between the cost of the asset to the bank and the amount that can be recovered from selling or leasing it, the instruction added.

The Basel-II accord went into effect in Bangladesh beginning Jan. 1 alongside the Basel-I to consolidate capital base of the banks.

The banks are now allowed to follow both Basel-II and Basel-I frameworks for 2009 to calculate their capital adequacy, the BB officials said, adding the banks will have to implement the Basel-II framework beginning January 2010.

The new Basel accord has been prepared on the basis of three pillars: minimum capital requirement, supervisory review process and market discipline.

Three types of risks -- credit risk, market risk and operational risk -- have to be considered under the minimum capital requirement.