4. Basic Requirements and Philosophy
true risk sharing;
no exploitation of a weaker position;
not socially unproductive;
not economically wasteful;
promotes economic and social development; and
charitable (“zakat”).
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5. Overview of Islamic Finance Market
Islamic and Dual Banking Systems
Retail Islamic finance products offered for a number of
years, some low key e.g. Middle Eastern banks, others high
profile e.g. HSBC
Islamic Windows in major Global Banks
Islamic Bank of Britain
Primary Market: initially basic finance products
Compatibility with conventional products
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7. Islamic Finance (Cont’d):
Al-Wadia (safekeeping): usually not remunerated;
Takaful (Insurance);
Funds Work;
SUKUK/Securitisation (Capital & Secondary Markets); and
Derivatives/Funds Management.
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8. Basic Assumptions
Underlying asset must be acceptable
Different interpretations on what proportion of asset must not be
“haraam”
Proposed structure of transaction has to be acceptable
No prohibited activities (proportionate approach)
Need to account for regulatory requirements and comply with two sets
of law (Shariah and law of country)
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9. Additional Matters
Zakat (specified amounts to be allocated from disposable income);
Shariah Boards – competition, pragmatic approaches;
Urf (custom);
Darura (overriding necessity);
Maslaha (general interest to justify);
Hiyal (ruse)
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10. Use of Islamic Finance in Different Market Sectors
Real Estate
Project Financing
Co-financings (Power, LNG, Oil & Gas)
Retail Banking
Depositors
Investment Account Holders
General Leasing
Ijara
Asset Finance
Bond (SUKUK) Issuance
Private Equity Funds
Insurance (Takaful)
Capital Markets (Sukuk/Arboun/Salaam) 9
11. Governance
Background
Developing, structuring and marketing Shariah compliant
financial products can be cumbersome and complex
IIFS needs to account for regulatory requirements and
comply with two sets of jurisprudence/law (Shariah and the
law and regulations of relevant jurisdiction)
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12. Products and Processes
Products and Processes need to be effective from the
following viewpoints:
Understandable
Competitively priced
Tax effective
Available and transparent
Not administratively burdensome
Not “alien” to regulatory requirements
Governance of institution offering Islamic financial services
needs to be the same
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13. Regulator/Operator Issues
Scope for the continuing development of good corporate
governance in the field of Islamic finance
No inconsistency with Shariah
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14. Specific Issues
Islamic finance industry needs to, in particular, focus on
issues regulators will be concerned with
Remember that Shariah-compliance will not normally be an
issue for non-Islamic countries or where Shariah is not part
of a general legal framework
Shariah Supervisory Board presence and scrutiny therefore
essential
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15. Specific Issues (cont…)
Islamic finance industry regulators need to consider
regulation of Shariah Supervisory Board
Islamic financing industry need for a unified front to
regulators
Standardisation of models used, terminology and treatment
Dissemination of codes of best practice
Practical Adaptability
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16. Guidance
Many forms of International and National Guidance available
OECD principles
UK Stock Exchange Combined Code
Cadbury Report
Hempel Report
Higgs Report
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17. Guidance (cont…)
France/Germany: different forms of governance models
US: Sarbannes-Oxley
Other/Corporate Governance Standards
Country Specific
Accounting and Industry Specific
IFSB guidance
Principles outlined
“Comply or Explain”
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18. Basel
Basel Committee on Banking Supervision
1999 paper
2006 paper
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19. General Principles
Establish Good Governance Policy as a principle of Shariah
Monitoring and work of
Board Committees
Executive Management
Shariah Supervisory Board
Internal and external auditors
Different Stakeholders
Mechanisms of balancing the roles of different stakeholders
i.e.) shareholders, management, IAHs
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20. Non Executive Functions
Role of non-executive directors/managers
Guidance
Oversight
Compliance issues
Future compliance policy
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