Islamic finance standardisation making headway
AAOIFI plans reform of takaful standards
Standarization of Islamic industry sought Standarization of Islamic industry sought
Two industry figures call for standardisation in Sukuk issuance
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AAOIFI issues new accounting standards
Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI), the international standard-setting organisation for Islamic finance, has issued two new accounting standards and one new accounting guidance note. Issuance of the new accounting standards and guidance note was approved by AAOIFI Accounting and Auditing Standards Board in its meeting held last week on 22 July 2010 in Dubai, United Arab Emirates.The meeting was hosted by Dubai Financial Services Authority, the regulatory authority for financial services in Dubai International Financial Centre.
The new accounting standards are on Conceptual Framework for Financial Reporting by Islamic Financial Institutions and Investments in Sukuk, Shares and Similar Instruments while the new accounting guidance note is on First Time Adoption of AAOIFI Accounting Standards.
Apart from laying down principles of financial reporting for Islamic financial institutions and providing the basis for AAOIFI accounting standards, the new Conceptual Framework also gives updated guidance on accounting treatment for investment accounts. It introduces the concept of authority over investment decisions to guide financial reporting for investment accounts, which are funds received by Islamic financial institutions from their investors on Mudaraba or investment management arrangement.
Under the new accounting standard on Investments in Sukuk, Shares and Similar Instruments, Islamic financial institutions are required to segregate their investments between debt-type and equity-type instruments. The segregation depends on characteristics of the investment instruments and purposes of the investments. Accounting treatments and disclosures that Islamic financial institutions have to carry out are to be based on this segregation.
The new accounting guidance note on First Time Adoption of AAOIFI Accounting Standards provides Islamic financial institutions with the starting point for preparing financial accounting records and reports based on AAOIFI standards. Islamic financial institutions that are adopting AAOIFI accounting standards for the first time are required to follow rules set out in the guidance note.
Dr. Mohamad Nedal Alchaar, Secretary General of AAOIFI, said that the new accounting standards and guidance note were developed in consultation with over 200 AAOIFI institutional members from over 45 counties as well as other key industry stakeholders. He also added, "AAOIFI accounting standards ensure that Islamic financial institutions are transparent with their financial performances and consequently enhance the credibility of the international Islamic finance industry".
AAOIFI is currently developing revised accounting standards on investments in real estate, equity of investment accounholders, and Takaful or Islamic insurance. In addition, it is also formulating a new standard on governance for Shari'a Supervisory Board that will regulate the conduct of Shari'a scholars serving on Islamic financial institutions' Shari'a Supervisory Boards.
The new governance standard will address concerns including on the number of Shari'a Supervisory Boards that a Shari'a scholar can effectively serve, whether Shari'a scholars can have shareholdings in Islamic financial institutions that they serve, and potential governance issues relating to Shari'a advisory services given to Islamic financial institutions by commercial entities that are owned by Shari'a scholars'.
ameinfo.com
Islamic industry board sets new financial standards
The guidelines relate to the Islamic insurance industry, the conduct of Islamic financial institutions and the sharia governance system, the board said in a statement.
The full guidelines are available on the board's website at www.ifsb.org.
Link: http://in.reuters.com/article/fundsNews/idINKLR47993620091124
Islamic finance standardisation needs to be tackled carefully
According to Islamic finance analysts, while Islamic business is growing by the day, its growth is hurdled by the lack of standardisation and homogeneity.
As there is no single interpretation of Islamic law, each financial institution has a board of religious scholars who determine which products are Islamic. So what one bank considers Shariah-compliant may be unacceptable to another.
Industry players, speaking to Emirates Business, said some standards already exist, but due to the nature of Islamic finance, establishing a body to set global standards is not only difficult to attain, but also almost impossible to achieve.
They said an Islamic accounting standard has already been established and is recognised by the world's multinational institutions such as World Bank and International Monetary Fund. It is called Accounting and Auditing Organisation for Islamic Financial Institutions (AAOIFI).

Rather, what is needed today is a more consistent application of the standards promulgated by AAOIFI, said Omar Shaikh, Executive Board Member at Islamic Financial Council UK. "We do have a degree of consistency on Shariah standards. I think we need more consistency on the application of the AAOIFI standards," he said.
Dr Mohamad Akram Laldin, CEO and Executive Director of International Shariah Research Academy for Islamic Finance, said there is still a "long way to go" as far as implementation is concerned. "We have a Shariah parameter and that's the AAOIFI, but not many jurisdictions are subscribing to it. Only certain countries are subscribing, but in other jurisdictions. The case is they may adopt or they may not adopt."
Shaikh said standardisation has not been much of an issue in the corporate world, which has been endowed with more sophisticated investors. The problem is that conflicting views of scholars have at times affected retail investors and individuals.
"Quite frankly the Muslim world today is not governed by a structure – like the Vatican where you have a Pope structure – so you will always have conflicting views," he said.
"Some scholars say it is healthy as it gives you more options. But retail investors get confused when one scholar says this is Islamic and the other say this is not Islamic. That is a challenge that needs to be addressed because consumer confidence gets hit significantly with different opinions," he said.
Although Islamic instruments have in the past gained rapid popularity thanks to abundant sukuk issuance, corporate players are also facing the challenge of distinguishing the Islamic from the non-Islamic transaction.
"It has to be made clear what constitutes a sukuk and what a non-sukuk," said Jan Willem Plantagie, Managing Director of S&P Middle East, adding lack of clarity has caused confusion in the business community.
Regulators are also in need of more guidance and clarity.
Paul M Koster, Chief Executive of Dubai Financial Services Authority, told the Sixth IFSB Summit that standards setting, including regulatory, accounting and market standards, constitutes a "challenge" in the Islamic finance realm.
"As non-Islamic regulators around the world come to deal with Islamic finance, they will not simply tear up their rulebooks, based on the standards of Basel, or Iosco or Iasb; they will seek to adapt them, and they look for standards that are as well thought out as those they are used to. If they cannot find them, they will either ignore Islamic finance or press the conventional standards setters to address the issues," he said.
With regards to Shariah infrastructure, Koster said while Shariah advice is critical to the proper conduct of Islamic finance, there are also many areas in which there is not full consensus, and that Shariah governance imposes material costs.
"There is much discussion of how greater consensus can be achieved in important areas, and how the number of Shariah scholars can be increased," he said. "But there is also scope to discuss how the need can be reduced, in areas where transaction forms can be standardised, and also the infrastructure of what is now becoming a profession."
Abdulla Al Awar, CEO of Dubai International Financial Centre, said standardisation is needed in contracts to better facilitate transactions. "We have worked with many initiatives in terms of standardising, for example the commodity Mudaraba transaction – we have already achieved that. From a tools and contracts perspective, there is a call for standardisation," he said.
"But there is a misconception in the market. When they talk of standardisation they also talk of standardisation of scholars' opinions, which I don't think you will ever have."
He stressed variety is also good for business because it gives the institution the opportunity to target a specific group or niche.
"However, let's not forget that Islamic finance globally constitutes one per cent of the entire financial services industry. Ratio-wise it is still small and the priority is to increase that ratio," he said.
The so-called "differences" and "divergence" are in fact only minimal, but people tend to zero in on them, said Laldin.
"Sometimes we tend to focus too much on certain differences between Malaysia and the GCC, but that is not the case," he said. "There is more convergence in the views of scholars rather than divergence, but the problem is we always think about the differences.
"If you look at Malaysia, we are very much open in a sense that we do have products subscribing by the GCC standards. Some of the instruments in Malaysia are also using interpretation that comes from the Middle East. It is a question of business strategy or targets."
Laldin said the industry is now moving away from controversial interpretation of Shariah to lesser controversial interpretation.
"The most known controversial contract, which is contractable in Malaysia and Brunei, is the Bay' Inah, a buy-back arrangement," he said. "That is allowed in Malaysia, but not in the Middle East. Another is the selling of debt. Malaysia's commission of Shariah board and the Central Bank allow selling of debt in certain conditions, which is not acceptable in the GCC."
Under Islamic principles, the sale of debt is not allowed. A loan or debt to be repaid in cash is considered as "money" hence this system does not allow it to be sold for anything other than its par value. Secondly, the concept of risk management is different. In the current system, risk is transferred – split and sold. In the alternative system, risk is shared, almost like a collective insurance scheme.
This means that instead of a sub-prime loan risk being sold until it reaches a bank in the Middle East or Asia, it will be managed by the institutions that can assess and react to any changes in circumstances.
But is standardisation indeed needed?
"Not really," said Laldin. "The issue in Shariah is that the law is not given ready-made. It does not work like this is right and this is not. If you look at the Quran and Sunnah, you'll find broad principles, which are to be applied in different areas of Islamic commercial transaction."
"In the retail product, there are different concepts such as Wadiah and Mudaraba."
Asked whether it is possible to create a global body that will decide what is acceptable and what is not, Laldin said: "You just can't have it because it is not practical."
Bay' Inah contract
Bay' Inah, meaning sale with immediate repurchase, is a contract that involves the sale and buy-back transaction of an asset by a seller.
A seller will sell the asset to a buyer on a cash basis. The seller will immediately buy back the same asset on a deferred payment basis at a price that is higher than the cash price.
It can also be applied when a seller sells the asset to a buyer on a deferred basis. The seller will later buy back the same asset on a cash basis at a price that is lower than the deferred price.
Under Islamic principles, the sale of debt is not allowed. This is because money is not considered to be a commodity, which has a price of its own. Instead it is only a medium of exchange and a measure of value.
A loan or debt to be repaid in cash is considered as "money" hence this system does not allow it to be sold for anything other than its par value.
Link: http://www.business24-7.ae/Articles/2009/10/Pages/24102009/10252009_baacb75e1a5c4893a385ccf3eeaee5e0.aspx
Sharia derivative standard out by year-end-IIFM
* First master Islamic derivative possible by end year
* Islamic scholars still divided on derivative use
By Cecilia Valente
LONDON, Sept 10 (Reuters) - The first template for over-the-counter derivatives compliant with Islamic law could be in place by year-end, allowing quicker and cheaper Islamic risk management, one of the institutions involved in its creation said.
Ijlal Alvi, CEO of the International Islamic Financial Market (IIFM), told Reuters he hoped the master-contract, originally expected earlier this year [ID:nLB438463], would be approved by its scholars panel within the next three months.
"It is happening. We are working internally and with some banks as well," Alvi said in an interview on Wednesday.
The contract -- to be known as Ta'Hawwut or hedging -- would create a standard legal framework for OTC derivatives in the Islamic market, whereas currently contracts are arranged on an ad hoc basis.
OTC derivatives, or swaps, are privately negotiated deals between investors and counterparties and are commonly used to hedge against interest rate risk and default risk. The total notional amount of OTC deals outstanding was nearly $592 trillion at end-2008, according to the Bank for International Settlements.
Islamic institutions have limited access to derivative products mainly because Islamic law requires the underlying assets in any transaction to be tangible, virtually excluding most of the mainstream derivatives instruments.
Islamic scholars are split on the legitimacy of derivatives; some see them as permissible instruments to hedge risks but others as speculative transactions, which Islam forbids.
Some Islamic operators have used a contract known as Arbun to replicate call options.
"We are waiting for approval from the sharia board -- this work is now reaching finalisation. We are very hopeful it will be by the end of the year," Alvi said.
The IIFM, which was founded by the central banks and monetary agencies of some countries in the Middle and Far East as well as the Islamic Development Bank, has been working with the International Swaps and Derivatives Association (ISDA).
ISDA was not immediately available for comment. (Reporting by Cecilia Valente, Editing by )
Link: http://www.reuters.com/article/rbssFinancialServicesAndRealEstateNews/idUSL901001820090910