Showing posts with label Islamic Banking Legislation. Show all posts
Showing posts with label Islamic Banking Legislation. Show all posts

Sri Lanka: Uncovering the Islamic Finance Framework By Muath Mubarak

| Monday, July 18, 2011
With the end of the civil war in the country that had plagued the economy for more than three decades, it is high time Sri Lankans began thinking about the development of the nation. Sri Lanka has to grow like other developed countries within a short time by exploiting untapped opportunities.

The post-war period requires rapid development in all sectors of the economy, especially the banking and financial sector. Unfortunately, the sector has seen lackluster growth due to the global fi nancial crisis. The crisis however has led experts and economists alike to consider an alternative financial system.

As one of the fastest growing industries in the world today, Islamic finance is growing at 20%-25% a year, according to analysts and rating agencies. It is forecasted that the industry will hold assets totaling US$4trillion by 2012. In addition, seven of the top 10 conventional banks with an international presence have commenced Islamic banking.

The following are the main barriers for the growth of Islamic fi nance in Sri Lanka (and most other emerging countries):

• Regulation
• Taxation
• Standardization
• Awareness
• Skill

The Islamic fi nance framework
Islamic fi nance and Takaful are not unfamiliar to the Sri Lankan business community. The concept was introduced a decade ago, and several initiatives via seminars and workshops have also been undertaken by companies and organizations to create public awareness and educate the masses and offi cials concerned.

The Banking Law of Sri Lanka was amended in 2005 to allow both commercial banks and specialized banks to operate on a Shariah compliant basis. But there is no specifi c law for Shariah compliant fi nancial transactions.

For example, the defi nition of “deposit” in the law provides the same treatment for deposits in conventional banks and Islamic financial institutions, which disadvantages these institutions in terms of taxes and statutory requirements.

On the other hand there is an initiative by the Securities and Exchange Commission of Sri Lanka to enact a law on securitization to facilitate the issuance of asset-backed securities through the creation of special purpose vehicles (SPVs) and for the regulation and supervision of securitized transactions.

One of the key principles of Islamic fi nance is that almost all the financial transactions should be backed by real assets. The proposed law can lead to the promotion of Sukuk in Sri Lanka.

According to offi cials, infrastructure development in the country can be financed via Sukuk, with Middle East and other foreign investors possibly interested in participating.

Today’s Challenges to regulators:
  • Regulatory/law: Existing banking regulations in most countries (including Sri Lanka) are based on the conventional banking model, meaning the need for separate consideration for Islamic banks and financial institutions.
  • Accounting, transparency and surveillance.
  • An Islamic financial system needs sound accounting procedures and standards.
  • Western accounting procedures are inadequate because of the differing nature and treatment of financial instruments.
  • Well-defined procedures and standards are crucial for information disclosure, building investors’ confidence, and surveillance.
  • Shariah compliance.
  • Emerging fi nancial markets are trending towards Islamic banking.
Conclusion
The increasing acceptance of Islamic banking and fi nance in Sri Lanka is apparent. There are now eight institutions in the market and fi ve educational institutions offering Islamic fi nance courses as well as workshops to generate awareness among Sri Lankans. So, in order to nurture this industry in Sri Lanka, it is critical for us to fi rst understand the principles and advantages of Islamic finance.

Muath Mubarak works for First Global Group, a Sri Lanka-based conglomerate of companies involved in the Islamic fi nancial industry. He can be contacted at muath2015@gmail.com

This was published by Red Money Group in IFN on 27-Nov-2009

Islamic Banking Operations Manual: Procedures for Governing Sources and Utilizat

| Sunday, May 10, 2009
research and markets.com has announced the addition of the "Islamic Banking Operations Manual" report to their offering.

 

research and markets.com has announced the addition of the "Islamic Banking Operations Manual" report to their offering.

This is an operational level module designed for Islamic Banks to implement procedures for governing sources and utilization of funds. It discusses various sources of funds including paidup capital and reserves, Islamic debt instruments, inter-bank borrowings and deposits/investment accounts in the light of Islamic principles. Utilization of funds is discussed in detail of all Islamic bank products available worldwide including short-term financing, Ijarah, Istisnaa'a, mudaraba, musharaka, Islamic trade finance and Islamic retail finance.

The manual discusses operational modalities of these transactions. It is best suited for commercial banks launching Islamic products. The manual has been designed in collaboration with Shari'a scholars, Islamic finance specialists and Islamic banks. 
The Key Topics Covered in the manual are : Islamic Banking Operations Overview ,  Commercial Banks ,  Sources Of Funds For Islamic Banks , Short Term Financing ,  Ijarah , Istisna'a ,  Mudaraba ,  Musharaka ,  Islamic Trade Finance ,  Islamic Retail Finance  and Islamic Infrastructure Institutions .

MAS issues guidelines for Islamic banking

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The Monetary Authority of Singapore (MAS) announced earlier on May 7, 2009 that it has issued a set of guidelines that will provide greater clarity and certainty for financial institutions offering Islamic banking products in Singapore

The Monetary Authority of Singapore (MAS) announced earlier on May 7, 2009 that it has issued a set of guidelines that will provide greater clarity and certainty for financial institutions offering Islamic banking products in Singapore.

It also announced that with immediate effect, Singapore-based banks may enter into Diminishing Musharaka financing - a full partnership or joint venture held between a bank and a group of individuals.

In addition, MAS has ensured equal tax, regulatory and liquidity treatment of the Singapore dollar sukuk - or Islamic bonds issuance - with Singapore government securities, effective immediately.

Link: http://www.cibafi.org/NewsCenter/English/Details.aspx?Id=3298&Cat=0

Kyrgyzstan introduces Islamic banking legislation

| Saturday, April 11, 2009
The country’s parliament has approved legislation enabling all commercial banks in Kyrgyzstan to operate according to Shari’ah principles. Until now, only one bank there, EcoBank, has had an Islamic window (NewHorizon, April–June 2007). It was initiated as a pilot project in the country’s banking sector and was issued an authorisation by the financial authorities to apply Islamic principles of finance (within the confines of the pilot project).

Now the regulators are hopeful that with the adoption of the new laws more financial institutions will move into Islamic finance. According to the Marat Alapaev, chairman of the National Bank of Kyrgyzstan (the country’s central bank and regulator), the introduction of Islamic banking in Kyrgyzstan alongside its conventional counterpart will enhance the range of products and services, facilitate competition in the banking sector and develop the country’s financial system as a whole. National Bank of Kyrgyzstan will be responsible for issuing licences to Shari’ah-compliant financial institutions, as well as supervising and regulating their activity.

A similar move has been recently made by Kyrgyzstan’s neighbour, Kazakhstan, with the president approving a range of amendments and additions to the existing legislation to accommodate Islamic finance. 

Link:
http://www.newhorizon-islamicbanking.com/index.cfm?section=news&action=view&id=10752