MECHANICS OF ISLAMIC BANKING

MECHANICS OF ISLAMIC BANKING

2.01    WADIAH(Safekeeping)

In Wadiah, a bank is deemed as a keeper and trustee of funds. A person deposits funds in the bank and the bank guarantees refund of the entire amount of the deposit, or any part of the outstanding amount, when the depositor demands it. The depositor, at the bank's discretion, may be rewarded with a hibah (gift) as a form of appreciation for the use of funds by the bank. In this case, the bank compensates depositors for the time-value of their money (i.e. pays interest) but refers to it as a gift because it does not officially guarantee payment of the gift.
          

2.02    MUSHARAKA (Joint Venture Profit sharing)

An agreement whereby one party provides a part of the capital while the balance is provided by the other party. All partners are entitled to manage the project/ business. Profits are shared according to agreed ratio, but lossesd are shared as per capital    contribution of the partners. No partner of Musharaka business can draw any salary , but a percentage of profit may be given to any partner for his special services rendered up on agreed.  

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2.02.1             Types of Modern Musharakah

The modern business concerns being run on the basis of musharakah (as defined above) are as under:

1.            Partnership:

It is regulated by-        (a) Partnership rules framed by the government,

(b) Business practices prevailing in the business community.

2.            Limited company.

This type of musharakah is strictly controlled by the statutory rules framed by the government its commercial activities are, however, influenced by the business practices.

3.            Co-operative societies.

This musharakah is also governed by statutory rules. Its commercial activities are influenced by the practices prevailing in the business community.

2.03     MUDARABA (Trustee Profit Sharing / Partnarship) :

Means an agreement between two parties under which one party provides capital and the other party contributes his skills, efforts and work for a percentage of profits. The owner of the capital is known as “Shaheb- Al- Maal “and the user is known as” Mudarib”. In the event of loss, the owner of capital (Shaheb- Al- Maal) shall bear entire loss unless such a loss arises as a result of infringement, negligence or breach of occasion by the other party (Mudarib).

Types of Mudaraba :

i)          General /Multipurpose  – Having more than one specific purpose of objectives.

ii)         Specific Purpose  - Having   one specific purpose of objectives.

2.03.1  CONDITIONS FOR VALID MUDARABA CONTRACT:

1.        Capital should be known at the time of contract.

2.        Capital should consist of cash in the form of currency/paper money. Commodities are not allowed as capital. Now a days, gold and silver have also become commodities.

3.        Capital should be in possession of Saheb-ul-Mal to give it to Mudarib. Debt cannot constitute a capital for Mudaraba business.

4.        Mudarib will handle the capital alone. Participation of the Saheb-ul-Mal in the work of mudarib will void the contract.

5.        Share of profit should be determined as half, one third, or 30%, 40% etc. not as Tk. 30/- or Tk. 40/- so on.

6.        Profit will be divided and loss will be bore by the bank

Rights of Saheb-ul-Mal.:

1.        Profit will be divided in presence of the Saheb-ul-mal.

2.        The Mudarib cannot take his share in the absence of Saheb-ul-mal.

Right of Mudarib.

1.        Mudarib has the right to receive share of the profit for his efforts.

2.             Inspite of his sincere efforts if the business incurred any loss, no recovery could be made for such loss.

3.        He has the right to run the business freely without interference of the Saheb-ul-mal.

4.        If the contract is nullified he has the right to receive remuneration for his labour in capacity of a servant in Business.

5.        Right to re-imbrues the expenses in connection with essential business tour (conveyance, boarding lodging etc.)

Advantages of Mudaraba System

1.        Co-operations between have and have not.

2.        Utilisation of idle funds.

3.        Development of Entrepreneurship and self-employment.

Transaction Process
A generic mudaraba process could take the following basic form:

·         Step 1: The investor and the mudarib agree on the nature of the venture and the                    terms of profit sharing.

• Step 2: The investor provides capital to the mudarib.
• Step 3: The mudarib undertakes the venture agreed upon between the parties
• Step 4: Profits from the investment are shared between the investor and the mudarib

2.04.               BAI-MURABAHA (Cost Plus Mark -up)

Bai-Murabaha is generally defined as the sale of a commodity for the price at which the vendor has purchased it, with the addition of a stated profit known to both the vendor and the purchaser. It is a cost-plus-profit contract Islamic financial institutions aim to make use of murabaha in circumstances where they will purchase raw materials, goods or equipment etc and sell them to a client at cost, plus a negotiated profit margin to be paid normally by installments. With murabaha, Islamic financial institutions are no longer to share profits or losses, but instead assume the capacity of a classic financial intermediary.

It is a contract in which a client wishing to purchase raw materials finished goods, commodities, spares, machinery equipment’s or any other goods requests the Bank to procure the items and sell them to him at cost plus a declared profit payable at the time of taking delivery of the goods.

Important Features:

·                     Cost of the goods sold and the amount of profit added herewith should be made known the client.

·                     Bank procures and stores the goods, in its own or hired godown. Goods must be bank’s control before sale  & bank will be responsible for any kind of risk. As it is impossible for the bank, so there must be purchase/ sale contract between bank & client.

·                     Delivery of the goods to the client is made only against payment of cost plus profit either at a time or in installments as agreed upon.

·                                          On expiry of the stipulated period, bank can charge compensation of the goods at its own discretion.

·                                          Examine shariah permissibility of the items, Reject proposal outright if not permitted by shariah.

Types of Bai-Murabaha

Bai-Murabaha may be in Two types:-

(i)         Ordinary Bai Murabaha

If there are only two parties- the seller & the buyer, where the buyer is an ordinary trader purchases the goods from the market with out depending on any order or promise to buy the same from him and sales those to am buyer for cost plus profit , the sale is called the ordinary Bai- Murabaha.

(ii)          Bai- Murabaha order or Promise

If there are three parties, the buyer, the seller & the bank as an intermediary trader between the buyer & seller, where the Bank upon receipt of order from the buyer with specification & a prior outstanding promises to buy the goods from bank, purchases the order of goods & sells those to the ordering buyer at a cost plus agreed profit, the sale is called Bai- Murabaha on order or promise. Generally known as Murabaha.

Transaction Process
A generic murabahah process could take the following basic form:

• Step 1: The client expresses intent to engage in a murabahah transaction facilitated by the bank and, subject to bank approval, signs a "Promise to Buy".
• Step 2: The bank purchases the item from the seller.
• Step 3: The client purchases the item, in instalments, at the purchase price plus a stated profit.

Wakalah (Agency
This occurs when a person appoints a representative to undertake transactions on his/her behalf, similar to a power of attorney.

2.05.               BAI- MUAJJAL (Deferred Payment Sale)

Bai – Miuajjal comes from the words- Baim & Ajalum. Here Baim means – purchase & sale & Ajalum – means a fixed time or fixed period. So Bai -muajjal means sale on credit.

This transaction allows the sale of a product on the basis of deferred payment in installments or in a lump-sum payment. The price of the product is agreed to between the buyer and the seller at the time of the sale and cannot include any charges for deferring payments.

It is a contract in which a client wishing to purchase raw materials, finished goods, commodities, spares, machinery, equipment or in installments. Sale price of the goods is payable by the client of specified future date. It is a credit sale. Ownership and possession of the goods is transferred by the bank to the client before receipt of sale price.

Important Features :

i)              It is permissible for the client to offer and order to purchase by the Bank particular goods deciding its specification and committing himself to buy the same from the Bank on Bai-Muazzal i.e. deferred sale at fixed price.

ii)             It is permissible to make the promise binding upon the client to purchase from the Bank, that is, he is to either satisfy the promise or to indemnity the damages caused by breaking the promise or to indemnity the damages.

iii)            It is permissible to take cash/collateral security to guarantee

iv)           It is also permissible to document the debt resulting from Bai-muajjal by a Guarantor, or a mortgage or both like any other debt. Mortgage/Guarantee/ Cash security may be obtained prior to the signing of the Agreement of at the time of signing the Agreement.

v)            Stock and availability of goods is a basic condition for signing a Bai-muajjal Agreement, therefore, the Bank must purchase the goods as per specification of the Client to acquire ownership of the same before signing the Bai-muajjal Agreement with the client.

vi)           After purchase of goods the Bank must bear the risk of goods until those are actually delivered to the client.

vii)          The Bank must deliver the specified Goods to the Client on specified date and at specified place of delivery as per contract.

viii)         The bank may sell the goods at a higher price that the purchases price to earn profit.

ix)           The price once fixed as per agreement and deferred cannot be further increased.

x)            Bank may not disclose the cost price & profit mark up separately  to the client.

2.06.   HIRE PURCHASE (Participatory Ownership) :

Hire purchase is a special type of contract, which has been developed through practice. Actually it is a synopsis of  three contracts-

i)                       Shirkat  - Here Shirkatul means partnership & sirkatul melk means participation in ownership.

ii)              Ijara - The term Ijarah has been derived from Arabic words Ajr & ujrat which means consideration, return, wages or rent.

iii)             Sales – This is a sale contract between a buyer & a seller under which the owner of certain goods or assets transferred by seller to the buyer against agreed upon price paid / to be paid by the buyer.

It is a contract under which the Bank invests in equipment, Machinery, transport or other durable article for the client against an agreed rental together with on under taking from the client to make full payment of price to the Bank of periodical installment for the purpose of essential purchase of the concerned rented article.

·                     Bank retains ownership of the asset is passed on to the client for his exclusive use. Bank as the owner and the client as the hirer.

·                                          In case of Hire Purchase, the hire acquires ownership of the asset in full payment of agreed value but in case of leasing operations, ownership of asset is not transferred to the lessee.

·                     Possession of the assets is passed on the client for his exclusive use. Bank is the owner & the client is the hirer.

Important Features of Hire Purchase:

i)                     The Bank retains ownership of the asset, and the possession is transferred to the hire-purchaser.

ii)            The Bank is entitled to receive agreed rent until full payment of dues by the client.

iii)           It is an outright sale to the client.

iv)           Ownership is transferred to the client as soon as he pays the rent or price, as the case may be either in lumpsum or by installments in Monthly/Quarterly/Half yearly/Annually but with agreed period.

v)            The hire-purchaser is responsible for keeping the goods in good condition so long as banks dues is not paid in full alongwith agreed rent:

vi)           Sale under Hire-purchase mode, as soon as the hire-purchase agreement by the client, the Bank can recover/take back the possession of the gods and sue for unpaid installments and also for goods is not affected:

vii)         Under the hire-purchase mode is ailment of goods, till the final installments is paid, the sale in goods is not affected:

viii)        Under the hire-purchase mode, as soon as the hire-purchase agreement is signed, the goods are handed over to the hire-purchaser.

2.07.               IJARA (Leasing)

Izara means a system of business transaction in which movable or immovable properties purchased by the bank are leased out to a party for an agreed period of time, the bank remaining the legal owner and the lessee having the right to use the property for the duration of contract as per agreed terms and conditions. When ownership transferred to the lessee the investment is Hire- Purchase.

It is an Islamic lease. The bank purchases an asset and leases it to a client for fixed monthly payments. An ijarah may include an option for the lessee to buy the asset at the end of the lease, though such a provision is not required.

Transaction Process
A generic ijarah process could take the following basic form:

• Step 1: The bank and the client agree on the terms of the lease.
• Step 2: The bank purchases the asset from the seller.
• Step 3: The client leases the asset from the bank, paying a fixed monthly rental
• Step 4: The client purchases the asset from the bank at the end of the lease period

2.08.              BAI SALAM (Purchase with Deferred Delivery)

 

Salam contract means contracting for the purchase or sale of commodities or products on the basis of immediate payment of the price with a future delivery at an agreed upon date and quantity. It is a precondition in the Salam contract that the price quantity, qualities of commodities or products, date and modes of delivery etc are to be known to buyer and seller.

2.09.              QARD AL-HASANAH (Beneficence Loans)

Qard al-hasanah means an interest-free loan, which is the only loan permitted by shariah principles. Funds are advanced without any profit or charge for humanitarian and welfare purposes. Repayments are made over a period agreed by both parties. A levy of a modest service charge on such a loan is permissible provided it is based on the actual cost of administering the loan.

2.10     SUKUK (ISLAMIC BONDS)

Sukuk is the Arabic name for a financial certificate but can be seen as an Islamic equivalent of bond. However, fixed-income, interest-bearing bonds are not permissible in Islam. Hence, Sukuk are securities that comply with the Islamic law and its investment principles, which prohibit the charging or paying of interest. Financial assets that comply with the Islamic law can be classified in accordance with their tradability and non-tradability in the secondary markets.

Conservative estimates suggest that over US$500 billion of assets are managed according to Islamic investment principles. Such principles form part of Shariah, which is often understood to be Islamic law, but it is actually broader than this in that it also encompasses the general body of spiritual and moral obligations and duties in Islam.

2.11    Direct Finance (Tawarruq)

Means a  finance to any project or business establishment whose sale ownership lies with the bank. As used in personal financing, a customer with a genuine need buys something on credit from the bank on a deferred payment basis and then immediately resells it for cash to a third party. In this way, the customer can obtain cash without taking an interest-based loan.

 3.00  INVESTMENT)  RISK MANAGEMENT

1.      Head of Investment Risk Management (IRM)

Purpose of Job

To ensure sound asset quality and a conservative Investment culture through out the lending and treasury trading / underwriting activities of the bank while ensure the credit approval process is responsive to customer needs and credit losses and collection costs are minimized. To provide an independent, third party assessment / approval of credit and business risk of the bank, and serve of the bank’s Asset and Liability management.

Key Responsibilities:

i.          Oversight the Bank’s credit Policies, procedures and controls relating to all credit risks arising from corporate / commercial/ intuitional banking, personal banking and treasury operations.

ii.          Oversight of Banking Asset Quality.

iii.         Directly manage of all substandard, doubtful & bad and loss accounts to maximize recovery and ensure appropriate and timely loan loss provisions have been made.

iii.                                    To approve /decline with in delegated authority.

iv.           To provide advice/ assistance regarding all credit matters to line management/ Relationship managers.

v.            To ensure lending executives have adequate experience and/ or training in order to carry out job duties effectively.

Principal Accountabilities

i.          Promote strong asset quality and endeavor to ensure that outstanding classified as Grade-1 to 3 are at least 92% of total outstanding assets.

ii.          Up dating the Bank’s lending guidelines/ credit policies as and when required but at least annually.

iii.         Ensure credit recommendations/ approvals are taken in a timely manner.

iv.        Ensure a prudent level of portfolio diversification.

v.         Maximize recovery of problem loans and minimize credit losses and collection expenses.

vi.        Ensure compliance with internal policies and procedures and external regulatory requirement.

vii.        Contribute to the development of credit risk management skills of staff in credit administration and corporate banking departments.

viii.       Provide input / advice to Managing Director/Board regarding the formulation of strategic operating plan.