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    Working With Islamic

    FinanceIslamic finance refers to the means by which

    corporations in the Muslim world, including banks and

    other lending institutions, raise capital in accordance with

    Sharia, or Islamic law. It also refers to the types of

    investments that are permissible under this form of law. A

    unique form ofsocially responsible investment, Islam

    makes no division between the spiritual and the secular,

    hence its reach into the domain of financial matters.

    Because this sub-branch of finance is a burgeoning field,

    in this article we will offer an overview to serve as the

    basis of knowledge or for further study.

    The Big Picture

    Although they have been mandated since the beginnings

    of Islam in the seventh century,Islamic bankingand

    finance have been formalized gradually since the late

    1960s, coincident with and in response to tremendous oil

    wealth which, fueled renewed interest in and demand for

    Sharia-compliant products and practice.

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    Central to Islamic banking and finance is an

    understanding of the importance of risk sharing as part

    of raising capital and the avoidance ofriba(usury)

    andgharar(risk or uncertainty). (To see more on risk,

    readDetermining Risk And The Risk

    PyramidandPersonalizing Risk Tolerance.)

    Islamic law views lending withinterestpayments as a

    relationship that favors the lender, who charges interest

    at the expense of the borrower. Because Islamic law

    views money as a measuring tool for value and not an

    'asset' in itself, it requires that one should not be able to

    receive income from money (for example, interest or

    anything that has the genus of money) alone.

    Deemedriba(literally an increase or growth), such

    practice is proscribed under Islamic law (haram, which

    means prohibited) as it is considered usurious and

    exploitative. By contrast, Islamic banking exists to further

    the socio-economic goals of Islam.

    Accordingly, Sharia-compliant finance (halal, which

    means permitted) consists of profit banking in which the

    financial institution shares in the profit and loss of the

    enterprise that itunderwrites. Of equal importance is the

    concept ofgharar. Defined as risk or uncertainty, in a

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    financial context it refers to the sale of items whose

    existence is not certain. Examples ofghararwould be

    forms of insurance, such as the purchase ofpremiumsto

    insure against something that may or may not occur

    orderivativesused tohedgeagainst possible outcomes.

    (To read more about insurance or hedges, seeA

    Beginner's Guide To Hedging,Understand Your

    Insurance ContractandExploring Advanced Insurance

    Contract Fundamentals.)

    Theequity financingof companies is permissible, as long

    as those companies are not engaged in restricted types

    of business - such as the production of alcohol,

    pornography or weaponry - and only certain financial

    ratios meet specified guidelines.

    Basic Financing Arrangements

    Below is a brief overview of permissible financing

    arrangements often encountered in Islamic finance:

    1.Profit-and-loss sharing contracts(mudarabah).

    The Islamic bank pools investors' money andassumes a share of the profits and losses. This is

    agreed upon with the depositors. What does the

    bank invest in? A group ofmutual fundsscreened for

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    Sharia compliance has arisen. The filter parses

    company balance sheets to determine whether any

    sources of income to the corporation are prohibited

    (for example, if the company is holding too much

    debt) or if the company is engaged in prohibited

    lines of business. In addition toactively

    managedmutual funds,passiveones exist as well

    based on such indexes as the Dow Jones Islamic

    Market Index and the FTSE Global Islamic Index.(To find out more about reading company balance

    sheets to determine debt, seeReading The Balance

    Sheet,Breaking Down The Balance

    SheetandUncovering Hidden Debt.)

    2.Partnership and joint stock

    ownership(musharakah). Three such structures are

    most common:

    a.Declining-Balance Shared Equity: Commonly used

    to finance a home purchase, thedeclining balance

    methodcalls for the bank and the investor to purchase

    the home jointly, with the institutional investor gradually

    transferring its portion of the equity in the home to the

    individual homeowner, whose payments constitute the

    homeowner's equity.

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    b.Lease-to-Own: This arrangement is similar to the

    declining balance one described above, except that the

    financial institution puts up most, if not all, of the money

    for the house and agrees on arrangements with the

    homeowner to sell the house to him at the end of a fixed

    term. A portion of every payment goes toward the lease

    and the balance toward the purchase price of the home.

    c.Installment (Cost-Plus) Sale (murabaha): This is an

    action where an intermediary buys the home with free

    and clear title to it. The intermediary investor then agrees

    on a sale price with the prospective buyer; this price

    includes some profit. The purchase may be made

    outright (lump sum) or through a series of deferred

    (installment) payments. This credit sale is an acceptable

    form of finance and is not to be confused with an

    interest-bearing loan.

    3.Leasing('ijarah/'ijar): The sale of the right to use an

    object (usufruct) for a specific time period. One

    condition is that thelessormust own the leased

    object for the duration of thelease. A variation on

    the lease,'ijarah wa 'iqtinaprovides for a lease to be

    written whereby the lessor agrees to sell the leased

    object at the lease's end at a predetermined residual

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    value. Only the lessor is bound by this promise.

    Thelessee, by contrast, is not obligated to

    purchasing the item.

    4.Islamic Forwards(salamand'istisna): These are

    rare forms of financing, used for certain types of

    business. These are an exception togharar. The

    price for the item is prepaid and the item is delivered

    at a definite point in the future. Because there is a

    host of conditions to be met to render such contracts

    valid, the help of an Islamic legal advisor is usually

    required.

    Basic Investment Vehicles

    Here are some permissible types of investment for

    Islamic investing:

    1.Equities. Sharia 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 or pornography.

    Investment in companies may be in shares or bydirect investment (private equity). Islamic scholars

    have made some concessions on permissible

    companies, as most use debt either to address

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    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 the aforementioned screens would

    exclude companies whose debt/total asset ratio

    equals or exceeds 33%; companies with "impure

    plus non-operating interest income" revenue equal toor greater than 5% or companies whose accounts

    receivable/total assets equal or exceed 45% or

    more.

    2.Fixed-Income Funds.

    a.Retirement Investments. Retirees who wanttheir investments to comply with the tenets of

    Islam face a dilemma in thatfixed-

    incomeinvestments includeriba, which is

    forbidden. Therefore, specific types of

    investment in real estate, either directly or

    insecuritizedfashion (a diversified real estate

    fund), could provide steady retirement income

    while not running afoul of Sharia law.

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    b.Sukuk. In a typicalijara sukuk(leasing bond-

    equivalent), the issuer will sell the financial

    certificate to an investor group, who will own

    them before renting them back to the issuer in

    exchange for a predetermined rental return. Like

    the interest rate on a conventional bond, the

    rental return may be a fixed or floating rate

    pegged to a benchmark, such asLIBOR. The

    issuer makes a binding promise to buy back thebonds at a future date atpar value.Special

    purpose vehicles(SPV) are often set up to act

    as intermediaries in the transaction.

    Asukukmay be a new borrowing, or it may be

    the Sharia-compliant replacement of a

    conventional bond issue. The issue may evenenjoy liquidity through listing on local, regional

    or global exchanges according to an article in

    CFA Magazine titled "Islamic Finance: How New

    Practitioners of Islamic Finance are Mixing

    Theology and Modern Investment Theory"

    (2005).

    Basic Insurance Vehicles

    Traditional insurance is not permitted as a means of risk

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    management in Islamic law. This is because it

    constitutes the purchase of something with an uncertain

    outcome (form ofghirar), and because insurers use fixed

    income - a form ofriba- as part of their portfolio

    management process to satisfyliabilities.

    A possible Sharia-compliant alternative is cooperative

    (mutual) insurance. Subscribers contribute to a pool of

    funds, which are invested in a Sharia-compliant manner.

    Funds are withdrawn from the pool to satisfy claims, and

    unclaimed profits are distributed among policy holders.

    Such a structure exists infrequently, so Muslims may

    avail themselves of existing insurance vehicles if needed

    or required.

    ConclusionIslamic finance is a centuries-old practice that is gaining

    recognition throughout the world and whose ethical

    nature is even drawing the interest of non-Muslims.

    Given the increased wealth in Muslim nations, expect

    this field to undergo an even more rapid evolution as it

    continues to address the challenges of reconciling the

    disparate worlds of theology and modern portfolio theory

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    ISLAMIC BANKING AND MODE OF FINANCING

    2.1 Islamic Banking

    Islamic banking has been defned as banking in

    consonance with the ethos and value system o Islam and

    governed, in addition to the conventional good

    governance and risk management rules, by the principleslaid down by Islamic Shariah.1!

    "he ob#ective o Islamic banking system is to make a

    positive contribution to the ulfllment o socioeconomic

    ob#ectives o the society in all spheres, including trade,

    industry $ agriculture etc.2!in general, is to promote,

    oster and develop the application o Islamic principles,law and tradition to the transaction o fnancial, banking

    and related business a%airs and to promote investment

    companies. Islamic banks accept deposits which they can

    either commit to investment or general deposits. "hey

    also have investment accounts with or without

    authori&ation. Banks engage in investment activities

    based on Musharakah 'e(uity

    participation) Mudarabah or Qirad 'agencies), Murabaha,

    Bai' Salam 'post delivery sale) and*or leasing

    arrangements especially or e(uipment. +n the lending

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    side, Islamic banks issued a number o new lending

    instruments such asAl Muqarada proft bonds to fnance

    large pro#ects andAl-Mudarabah certifcates which were

    not issued or specifed pro#ects. Islamic banks practice

    conventional short term fnancing on a proft*loss basis.!

    2.2 PHILOSOPHY OF ISLAMIC BANKING AND FINANCE

    "he prohibition o interest by Islam is the base o the

    development o Islamic Banking -helosopghy. "he Islamic

    system order based on a set o principles constituting the

    concept and philosophy as enunciated eplicitly in the

    /uran."his philosophy provides what can be understood

    as the Islamic system o social #ustice. 0!In Islamic law

    some gain has been prohibited which are generally fed

    or i there is no concept o risk shearing. onventional

    inance believes in return without risk, whilst Islamic

    inance prohibits the latter and enorces the opposite.3!

    Islam prohibits interest but it does not means, that it

    prohibits all gains on capital. "he only increase stipulated

    or sought over the principle loan or debt is prohibited in

    Islamic sharia law. Islamic principles simply re(uire that

    perormance o capital should also be considered while

    rewarding the capital. "he prohibition o a risk ree returnand permission o trading, as enshrined in the 4oly

    /uran1!, makes the fnancial activities in an Islamic set5

    up real asset5backed with ability to cause 6value addition7.

    8!

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    Islam deems proft, rather than interest, to be closer to its

    sense o morality and e(uity because earning profts

    inherently involves sharing risks and rewards.9!Islam

    encourages shearing o risk among lender and borrower,

    Islamic fnancing system is based on this principle, it has

    also another character o owing and handing o real

    assets, its involvement in trading, construction and

    leasing using Islamic mode o fnancing. :s such, Islamic

    banks deal with asset management or the purpose o

    income generation. "hey will have to prudently handlethe uni(ue risks involved in management o assets by

    adherence to best practices o corporate governance.

    +nce the banks have stable stream o 4alal income,

    depositors will also receive stable and 4alal income.;!

    -roft has been recogni&ed as 6reward7 or 'use o) capital

    and Islam permits gainul deployment o surplusresources or enhancement o their value. 4owever, along

    with the entitlement o proft, the liability o risk o loss on

    capital rests with the capital itsel< no other actor can be

    made to bear the burden o the risk o loss. inancial

    transactions, in order to be permissible, should be

    associated with goods, services or benefts. :t macro

    level, this eature o Islamic fnance can be helpul in

    creating better discipline in conductive o fscal and

    monetary policies.=!

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    :ll such things*assets corpus o which is not consumed

    with their use can be leased out against fed rentals. "he

    ownership in leased assets remains with the lesser that

    assumes risks and gets rewards o his ownership. "he

    institution may either rent the e(uipment or receive a

    share o the profts earned through its use< Islamic leasing

    'I#ara wal I(tina) are the same as I#arah ecept that the

    lessee can ac(uire ownership o the asset by making

    installment payment.1>!

    2.3 MAJOR MODES OF ISLAMIC BANKING AND FINANCE

    ollowing are the main modes o Islamic banking and

    fnance?

    1. Murabaha

    @iterally it means a sale on mutually agreed proft.

    "echnically, it is a contract o sale in which the seller

    declares his cost and proft. Islamic banks have adoptedthis as a mode o fnancing. :s a fnancing techni(ue, it

    involves a re(uest by the client to the bank to purchase

    certain goods or him. "he bank does that or a defnite

    proft over the cost, which is stipulated in advance.11!

    2. Ijara

    I#ara is a contract o a known and proposed usuructagainst a specifed and lawul return or consideration or

    the service or return or the beneft proposed to be taken,

    or or the e%ort or work proposed to be epended. In

    other words, I#ara or leasing is the transer o usuruct or

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    a consideration which is rent in case o hiring o assets or

    things and wage in case o hiring o persons.12!

    3. Ijarah-Wal-Iqtina

    : contract under which an Islamic bank provides

    e(uipment, building or other assets to the client against

    an agreed rental together with a unilateral undertaking

    by the bank or the client that at the end o the lease

    period, the ownership in the asset would be transerred to

    the lessee. "he undertaking or the promise does not

    become an integral part o the lease contract to make itconditional. "he rentals as well as the purchase price are

    fed in such manner that the bank gets back its principle

    sum along with proft over the period o lease.1!

    4. Istisna

    It is a contractual agreement or manuacturing goods

    and commodities, allowing cash payment in advance and

    uture delivery or a uture payment and uture delivery.

    Istisna7a can be used or providing the acility o fnancing

    the manuacture or construction o houses, plants,

    pro#ects and building o bridges, roads and highways.10!

    5. Bai Muajjal

    @iterally it means a credit sale. "echnically, it is a

    fnancing techni(ue adopted by Islamic banks that takes

    the orm o Aurabaha Aua##al. It is a contract in which the

    bank earns a proft margin on his purchase price and

    allows the buyer to pay the price o the commodity at a

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    uture date in a lump sum or in installments. It has to

    epressly mention cost o the commodity and the margin

    o proft is mutually agreed. "he price fed or the

    commodity in such a transaction can be the same as the

    spot price or higher or lower than the spot price.13!

    6. Mudarabah

    : orm o partnership where one party provides the unds

    while the other provides epertise and management. "he

    latter is reerred to as the Audarib. :ny profts accruedare shared between the two parties on a pre5agreed

    basis, while loss is borne only by the provider o the

    capital.18!Aurabaha in tandem with Bai Aua##al is a

    useul means o fnancing in the Islamic Aortgages arena.

    It allows the Bank to purchase the house at spot price and

    then sell it to the client over a deerred period thereby

    generating a proft or the Bank.19!

    7. Musharakah

    Ausharakah means a relationship established under a

    contract by the mutual consent o the parties or sharing

    o profts and losses in the #oint business. It is an

    agreement under which the Islamic bank provides unds,which are mied with the unds o the business enterprise

    and others. :ll providers o capital are entitled to

    participate in management, but not necessarily re(uired

    to do so. "he proft is distributed among the partners in

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    pre5agreed ratios, while the loss is borne by each partner

    strictly in proportion to respective capital contributions.

    1;!

    8. Bai Salam

    Salam means a contract in which advance payment is

    made or goods to be delivered later on. "he seller

    undertakes to supply some specifc goods to the buyer at

    a uture date in echange o an advance price ully paid

    at the time o contract. It is necessary that the (uality othe commodity intended to be purchased is ully specifed

    leaving no ambiguity leading to dispute. "he ob#ects o

    this sale are goods and cannot be gold, silver or

    currencies. Barring this, Bai Salam covers almost

    everything, which is capable o being defnitely described

    as to (uantity, (uality and workmanship.1=!

    . !ard "assan #$%%d &%an'

    "his is a loan etended on a goodwill basis, and the

    debtor is only re(uired to repay the amount borrowed.

    4owever, the debtor may, at his or her discretion, pay an

    etra amount beyond the principle amount o the loan

    'without promising it) as a token o appreciation to the

    creditor. In the case that the debtor does not pay an etraamount to the creditor, this transaction is a true interest5

    ree loan. Some Auslims consider this to be the only type

    o loan that does not violate the prohibition on riba, since

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    it is the one type o loan that truly does not compensate

    the creditor or the time value o money.2>!

    2.4 RATIO OF PROFIT

    "here is a di%erence o opinion among the Auslim #urists

    about the atio o -roft.

    In the view o Imam Aalik and Imam Shafi, it is necessary

    or the validity o Ausharaka that each partner gets the

    proft eactly in the proportion o his investment.

    "hereore, i : has invested 0>C o the capital, he mustget 0>C o the proft. :ny agreement to the contrary

    which makes his entitled to get more or less than 0>C

    will render the musharkah invalid in Shariah.

    +n the contrary, the view o Imam :hmad is that the

    ratio o proft may di%er rom the ratio o investment i it

    is agreed between the partners with their ree consent."hereore, it is permissible that a partner with 0>C o

    investment gets 8>C or 9>C o the proft, while the other

    partner with 8>C o the investment gets only 0>C or

    >C.

    "he third view is presented by Imam :bu 4aniah which

    can be taken as a via media between the two opinionsmentioned above. 4e says that the ratio o proft may

    di%er rom the ratio o investment in normal conditions.

    4owever, i a partner has put an epress condition in the

    agreement that he will never work or the musharkah and

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    will remain a sleeping partner throughout the term o

    musharkah, then his share o proft cannot be more than

    the ratio o his investment. 21!

    2.5 ISLAMIC FINANCING AND ITS GLOBAL EVOLUTION

    :s with all things Islamic, the origination o Islamic

    fnance goes back to the time o

    -rophet Auhammad (Peace be upon Him). "he /ur7an

    and the eample o -rophet

    Auhammad (Peace be upon Him) provide directbehavioral guide and represent bedrock o Islamic aith to

    over one billion Auslims globally. "he -rophet

    Auhammad (Peace beupon Him) happened to be a

    businessman serving as a trader or Dhadi#a (May Allah

    bepleased i!h Her). "he -rophetic eample was the

    very epitome o air5trade. eraining rom usury,ensuring transparency in transactions, and total honesty

    entitled him :l5 :min '"he trustworthy) in pre5Islamic

    :rabia22!

    Euring the Islamic Folden :ge,early orms o proto5

    capitalism and ree marketswere present in the

    aliphate< the frst modern eperiment with Islamicbanking was undertaken in Ggypt under cover, without

    pro#ecting an Islamic image, or ear o being seen as a

    maniestation o Islamic undamentalism which was

    anathema to the political regime. "he pioneering e%ort,

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    led by :hmad Gl Ha##ar, took the orm o a savings bank

    based on proft5sharing in the Ggyptian town o Ait Fhamr

    in 1=8. "his eperiment lasted until 1=892!, by which

    time there were nine such banks in the country. "hese

    banks, which neither charge nor paid interest, invested

    mostly by engaging in trade and industry, directly or in

    partnership with others, and shared the profts with their

    depositors.20!

    But some views whows that the frst modern Islamic

    modern banking institution stablished in -akistan in 1=3>.

    :s a ormer credit nion. "his was frst Islamic fnancing

    movement. sing this idea Ait Fhamr saving Bank

    emerged as a rural institution in Ggypt in 1=8. 23!:t

    meeting o oreign minister o Islamic countries in Darachi

    -akistan in 1=9>, -akistan and Ggypt #ountly proposed or

    the establishment o international Islamic Bank or tradeand development this again discussed in 1=9 with

    Bangh&i '@ibya) in a meeting which urther suggested or

    constituting a committee o eperts or designing this

    international Islamic Bank. "his was fnally established in

    1=92 as Islamic Eevelopment Bank in Jeddah Saudia

    :rabia.28!"he IEB was established in 1=90 by the

    +rgani&ation o Islamic ountries '+I), but it was

    primarily an intergovernmental bank aimed at providing

    unds or development pro#ects in member countries. "he

    IEB provides ee based fnancial services and proft5

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    sharing fnancial assistance to member countries. "he IEB

    operations are ree o interest and are eplicitly based

    on Shariahprinciples. 29!

    In the seventies, changes took place in the political

    climate o many Auslim countries so that there was no

    longer any strong need to establish Islamic fnancial

    institutions under cover. : number o Islamic banks, both

    in letter and spirit, came into eistence in the Aiddle

    Gast,2;!. :ter that, numbers o Islamic Bank established

    in di%erent Islamic countries. Eubai Islamic Bank in 1=93

    in Eubai, aisal Islamic Bank in Ggypt and Sudan in 1=92,

    Duwait inance 4ouse in 1=99. Jordan Islamic Bank in

    1=9; and Bahrain Islamic Bank in 1=9=2=!

    Islamic banking made its debut in Aalaysia in 1=;, but

    not without antecedents. "he frst Islamic fnancial

    institution in Aalaysia was the Auslim -ilgrims Savings

    orporation set up in 1=8 to help people save or

    perorming ha""'pilgrimage to Aecca and Aedina). In

    1=8=, this body evolved into the -ilgrims Aanagement

    and und Board or the "abung 4a#i as it is now popularly

    known. "he "abung 4a#i has been acting as a fnance

    company that invests the savings o would5be pilgrims inaccordance with Shariah, but its role is rather limited, as

    it is a non5bank fnancial institution. "he success o the

    "abung 4a#i, however, provided the main impetus or

    establishing Bank Islam Aalaysia Berhad 'BIAB) which

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    represents a ull Kedged Islamic commercial bank in

    Aalaysia. "he "abung 4a#i also contributed l2.3 per cent

    o BIABLs initial capital o AM;> million. BIAB has a

    complement o ourteen branches in several parts o the

    country. -lans are aoot to open si new branches a year

    so that by 1==> the branch network o BIAB will total

    thirty5three >!

    eerence should also be made to some Islamic fnancial

    institutions established in countries where Auslims are a

    minority. "here was a prolieration o interest5ree savings

    and loan societies in India during the seventies. 1!"he

    Islamic Banking System 'now called Islamic inance

    4ouse), established in @uembourg in 1=9;, represents

    the frst attempt at Islamic banking in the Nestern world.

    "here is also an Islamic Bank International o Eenmark, in

    openhagen, and the Islamic Investment ompany hasbeen set up in Aelbourne, :ustralia.2!

    2.6 HISTORY OF ISLAMIC BANKING IN PAKISTAN

    -akistan now recogni&ed one o the Islamic fnance

    industries in the Norld. Auhammad :li Jinnah as early

    1=0;, emphasi&ed on Islamic principles in his address at

    inauguration o State Bank o -akistan he said.

    (I shall )at*h )ith k++nn+ss th+ )%rk %, %ur r/ani0ati%n in +%lin/bankin/ ra*ti*+s *%matibl+ )ith Islami* id+as %, s%*ial and +*%n%mi*

    li,+. W+ must )%rk %ur d+stin in %ur %)n )a and r+s+nt t% th+ )%rld an

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    necessary amendments were made in the related laws

    permitting the State Bank to provide fnance against

    -articipation "erm ertifcates and also etend advances

    against promissory notes supported by -"s and

    Audarabah ertifcates. rom July 1, 1=;2 banks were

    allowed to provide fnance or meeting the working

    capital needs o trade and industry on a selective basis

    under the techni(ue o Aishawaka.9!

    :s rom :pril 1, 1=;3 all fnances to all entities including

    individuals began to be made in one o the specifed

    interest5ree modes. rom July 1, 1=;3, all commercial

    banking in -ak upees was made interest ree.;!

    rom that date, no bank in -akistan was allowed to accept

    any interest5bearing deposits and all eisting deposits in

    a bank were treated to be on the basis o proft and loss

    sharing. Eeposits in current accounts continued to be

    accepted but no interest or share in proft or loss was

    allowed to these accounts.

    4owever, oreign currency deposits in -akistan and on5

    lending o oreign loans continued as beore. "he State

    Bank o -akistan had specifed 12 modes o non5interest

    fnancing classifed in three broad categories.

    4owever, in any particular case, the mode o fnancing to

    be adopted was let to the mutual option o the banks

    and their clients. "he procedure adopted by banks in

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    -akistan since July 1 1=;3, based largely on 6mark5up7

    techni(ue with or without 6buy5back arrangement7, was,

    however, declared un5Islamic by the ederal Shariat ourt

    'S) in Hovember 1==1. 4owever, appeals were made in

    the Shariat :ppellate Bench 'S:B) o the Supreme ourt

    o -akistan.=!

    "he ommission or "ransormation o inancial System

    '"S) was constituted in January 2>>> in the State Bank

    o -akistan under the hairmanship o Ar. I.:. 4anf, a

    ormer Fovernor State Bank o -akistan.0>!

    : "ask orce was set up in the Ainistry o inance to

    suggest the ways to eliminate interest rom Fovernment

    fnancial transactions. :nother "ask orce was set up in

    the Ainistry o @aw to suggest amendments in legal

    ramework to implement the ourt7s Judgment. "he "S

    constituted a ommittee or Eevelopment o inancial

    Instruments and Standardi&ed Eocuments in the State

    Bank to prepare model agreements and fnancial

    instruments or new system.

    "he 4ouse Building inance orporation had shited its

    rent sharing operations to interest based system in 1=;=.

    01!"he "ask orce o the A*+ @aw proposed amendments

    in the 4B :ct to make it Shariah ompliant. 4aving

    vetted by the "S, the amended law has been

    promulgated by the Fovernment. :ccordingly, the 4B

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    launched in 2>>1 :saan Fhar Scheme in the light o

    amended +rdinance based on the Eiminishing Ausharaka

    concept. : ommittee was constituted in the Institute o

    hartered :ccountants, -akistan 'I:-), wherein the SB-

    was also represented, or development o accounting and

    auditing standards or Islamic modes o fnancing. "he

    ommittee is reviewing the standards prepared by the

    Bahrain based :ccounting and :uditing +rgani&ation or

    Islamic inancial Institutions '::+II) with a view to adapt

    them to our circumstances and i considered necessary,to propose new accounting standards.

    It was decided in September 2>>1 that the shit to

    interest ree economy would be made in a gradual and

    phased manner and without causing any disruptions. It

    was also agreed that State Bank o -akistan would

    consider or?

    1. Setting up subsidiaries by the commercial banks or

    the purpose o conducting Shariah compliant

    transactions>1 or establishment o ull5Kedged Islamic

    commercial banks in the private sector. "he Aee&an Bank

    was granted a 6Scheduled Islamic ommercial Bank7

    license on January 1, 2>>2, and ormally commenced

    operations as a Scheduled Islamic ommercial Bank with

    e%ect rom Aarch 2>, 2>>2, on receiving notifcation in

    this regard rom the State Bank o -akistan 'SB-) under

    section 9 o the State Bank o -akistan :ct, 1=38.

    urrently, the Bank is engaged in corporate, commercial,onsumer, investment and retail banking activities.

    urther, all ormalities relating to the ac(uisition o

    Societies Feneral, -akistan by the AB@ were completed,

    and by June, 2>>2 it had a network o 3 branches all over

    the country, three in Darachi, one in Islamabad and one in

    @ahore.0!

    "he Fovernment as also the State Bank is mainly

    concerned with stability and eOciency o the banking

    system and saeguarding the interests, particularly, o

    small depositors. Nith this concern in mind it has been

    decided to operate Islamic banking side by side with

    traditional banking. "he approach is to institute best

    practice legal, regulatory and accounting rameworks tosupport Islamic banks and investors alike. "he year 2>>25

    2>> witnessed strengthening measures taken in the

    areas o banking, non5bank fnancial companies and the

    capital markets.

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    2.7 ROLE OF ISLAMIC BANKING IN THE DEVELOPMENT

    OF THE COUNTRY

    Islamic banks and fnancing perorming according to the

    sharia law, those are helpul or mobili&ation o resources,and their use in right manner. -@S 'Ausharaka and

    Audarabah) and non5-@S 'trading $ leasing) based

    categories o modes and strengthening the payments

    systems to contribute signifcantly to economic growth

    and development.00! Islamic mode o fnancing system

    o%ering fnance in short tem, long term, and di%erenttype o instrument or li(uidity management, asset

    management etc, or enterprises and pro#ects. "his

    creates employment opportunities in the economy. It

    would be necessary to create an environment that could

    induce fnanciers to earmark more unds or

    Ausharaka*Audarabah based fnancing o productive

    units, particularly o small enterprises.03!

    "he non5-@S techni(ues, as acceptable in the Islamic

    Shariah, not only complement the -@S modes, but also

    provide Keibility o choice to meet the needs o di%erent

    sectors and economic agents in the society. "rade5based

    techni(ues like Aurabaha with lesser risk and better

    li(uidity options have several advantages vis5P5vis other

    techni(ues but may not be as ruitul in reducing income

    ine(ualities and generation o capital goods as

    participatory techni(ues. I#arah related fnancing that

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    would re(uire Islamic banks to purchase and maintain the

    assets and aterwards dispose o them according to

    Shariah rules, re(uire the banks to engage in activities

    beyond fnancial intermediation and can be very much

    conducive to the ormation o fed assets and medium

    and long5term investments.

    +n the basis o the above it can be said that supply and

    demand o capital would continue in an interest ree

    scenario with additional beneft o greater supply o risk5

    based capital along with more eOcient allocation o

    resources and active role o banks and fnancial

    institutions as re(uired in asset based Islamic theory o

    fnance. Islamic banks can not only survive without

    interest but also could be helpul in achieving the

    ob#ective o development with distributive #ustice by

    increasing the supply o risk capital in the economy,acilitating capital ormation, and growth o fed assets

    and real sector business activities.

    Salam has a vast potential in fnancing the productive

    activities in crucial sectors, particularly agriculture, agro5

    based industries and the rural economy as a whole. It

    also provides incentive to enhance production as theseller would spare no e%ort in producing, at least the

    (uantity needed or settlement o the loan taken by him

    as advance price o the goods. Salam can also lead to

    creating a stable commodities market especially the

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    seasonal commodities and thereore to stability o their

    prices. It would enable savers to direct their savings to

    investment outlets without waiting, or instance, until the

    harvesting time o agricultural products or the time when

    they actually need industrial goods and without being

    orced to spend their savings on consumption.

    Small and medium enterprises 'SAG) sector has a great

    potential or epanding production capacity and sel5

    employment opportunities in the country. Gnhancing the

    role o fnancial sector in development o SAG sub5sector

    could mitigate the serious problems o unemployment

    and low level o eports. "he banks may introduce 6SAG

    inancing unds7 with various geographical locations. "he

    corporate sector and the commercial banks may set up a

    network o such unds under the aegis o SG- by

    establishing institutions under syndicate arrangements orotherwise. 08!

    eerences

    1!Those who consume inteest!" c#nnot st#n$ %on the D#& o' (esuection) e*ce+t #s one

    st#n$s th#t is ,ein- ,e#ten ,& S#t#n into ins#nit&. o/& 0u#n A/,## ese 24

    The Islamic Golden Age5 #/so sometimes 6nown #s the Islamic Renaissance5 is t#$ition#//&

    $#te$ 'om the th to 13th centuies Common E#.5 ,ut h#s ,een e*ten$e$ to the 14th #n$ 17th

    centuies ,& moe ecent scho/#shi+. Duin- this +eio$5 #tists5 en-inees5 scho/#s5 +oets5

    +hi/oso+hes5 -eo-#+hes #n$ t#$es in the Is/#mic wo/$ conti,ute$ to the #ts5 #-icu/tue5

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    economics5 in$ust&5 /#w5 /ite#tue5 n#8i-#tion5 +hi/oso+h&5 sciences5 socio/o-&5 #n$ techno/o-&5

    ,oth ,& +ese8in- #n$ ,ui/$in- u+on e#/ie t#$itions #n$ ,& #$$in- in8entions #n$ inno8#tions

    o' thei own.

    A free marketis # tem th#t economists use to $esci,e # m#6et which is 'ee 'om

    economic inte8ention #n$ e-u/#tion ,& -o8enment5 othe th#n +otection o' +o+et& i-hts9i.e. no e-u/#tion5 no su,si$i:#tion5 no sin-/e monet#& s&stem #n$ no -o8enment#/

    mono+o/ies;.

    1!Mu!""!# F!$%!& I'!() M. *. +2,,7-.#slamicBankin$ (Presen!a!ion)%etrieved rom +

    -apershttp?**www.oppapers.com*essays*Islamic5Banking*1903=

    2! D. S!$# H!%!/ S$##$0u$. +2,,1-QIslamicBanking? "rue Aodes o inancingR Hewhori&on.http?**www.n&ibo.com*IB2*truemodes.pd

    ! H!%%!/$/) M#!.QMoney and Bankin$ in#slam&% Islamabad ? Institute o policy studies Islamabadand international research in Islamic economics. Aoneyand Banking in Islam. p.=9.http?**islamiccenter.kaau.edu.sa*arabic*Aagallah*-d*+ld551*Aedhat2.pd

    0!N A"# M"/ +2,,7-Islamic Banking?-resent and uture hallenges ournal o Mana$emen!and Social Sciences Tol. , Ho. 1, 'Spring 2>>9) >151>epar!men! o *conomics, #ns!i!u!e o Business +

    echnolo$y (B#*.)3!Islamic inance Gplained By Suyan Fulam Ismail,hie Gecutive, 1st Gthical @td.www.1stethical.com

    8!Mu!""!# AuQan bank survive with outinterestUR State Bank o

    http://www.oppapers.com/essays/Islamic-Banking/174593http://www.oppapers.com/essays/Islamic-Banking/174593http://www.nzibo.com/IB2/truemodes.pdfhttp://islamiccenter.kaau.edu.sa/arabic/Magallah/Pdf/Old-3-1/Medhat_23.pdfhttp://islamiccenter.kaau.edu.sa/arabic/Magallah/Pdf/Old-3-1/Medhat_23.pdfhttp://www.1stethical.com/http://www.oppapers.com/essays/Islamic-Banking/174593http://www.oppapers.com/essays/Islamic-Banking/174593http://www.nzibo.com/IB2/truemodes.pdfhttp://islamiccenter.kaau.edu.sa/arabic/Magallah/Pdf/Old-3-1/Medhat_23.pdfhttp://islamiccenter.kaau.edu.sa/arabic/Magallah/Pdf/Old-3-1/Medhat_23.pdfhttp://www.1stethical.com/
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    -akistanhttp?**www.sbp.org.pk*departments*ibd*Survive.pd

    9!ahul humal+ and m+la Sa*anin+18- Q:n

    :pplication o Islamic Banking -rinciples to Aicrofnance.Regional Bureau or :rab States, nited HationsEevelopment -rogramme, in cooperation with the AiddleGast and Horth :rica egion, Norld Bank

    ;!Ibid

    =!Ibid

    1>!D K! A Hu%%!$/ +2,,4- QBanking eOciency in

    Bahrain Islamic vs conventional BanksR -aper Ho. 8;Islamic Eevelopment Bank. Islamic esearch and "rainingInstitute.

    11!SBP +2,,2-9Flossary o IslamicinanceR http?**www.sbp.org.pk*publications*islamic*book1*glossary.pd

    12!D!:# I%&!"$; B!/,2>>=.!www.sbp.org.pk*ibd*a(s.pd

    10!,Ibid

    13!Ibid

    18! AIMS=UK QFlossary< Islamic Banking andinanceR www.learnislamicfnance.com

    19!Su>!/ +2,,7-. 9Islamic inance GplainedR1st [email protected]. www.1stethical.com

    http://www.sbp.org.pk/departments/ibd/Survive.pdfhttp://www.sbp.org.pk/departments/ibd/Survive.pdfhttp://www.sbp.org.pk/publications/islamic/book1/glossary.pdfhttp://www.sbp.org.pk/publications/islamic/book1/glossary.pdfhttp://www.dawoodislamic.com/AskMufti.aspxhttp://www.sbp.org.pk/ibd/faqs.pdfhttp://www.learnislamicfinance.com/http://www.1stethical.com/http://www.sbp.org.pk/departments/ibd/Survive.pdfhttp://www.sbp.org.pk/departments/ibd/Survive.pdfhttp://www.sbp.org.pk/publications/islamic/book1/glossary.pdfhttp://www.sbp.org.pk/publications/islamic/book1/glossary.pdfhttp://www.dawoodislamic.com/AskMufti.aspxhttp://www.sbp.org.pk/ibd/faqs.pdfhttp://www.learnislamicfinance.com/http://www.1stethical.com/
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    1;!AIMS=u>9. ited? 0 13,2>>=.! www.learnIslamicinance.com.

    1=!SBP +2,,2- Q:/ on Islamic Banking.R S!a!e Bank oPakis!an% +nline! ited? 0 2>,2>>=.!www.sbp.org.pk*ibd*a(s.pd.

    2>!"aken orm website source can be visitathttp?**www.irf.org*articles*articles>13>*isislamicbankingislamic.html

    21!U%"!/$) M T!0$. +2,,6-Q#n!roduc!ion !o #slamic

    0inanc& karachi -akistan ? Aaktaba maariul /urankarachi, 2>>8.e%p 12%

    22!Su?!/) F!#(&!/ +2,,7-)Q"he eOciency o Islamicbanking industry in Aalaysia? oreign vs domesticbanks.R Humanomics, 3olume 41, no% 1, pp% 526-574%

    2!R!#) R.K.) 18&.L"he march toward sel5determinationL, paper presented at the irst :dvancedourse on Islamic Banks, International Institute o IslamicBanking and Gconomics, airo, 2; :ugust l9 September.

    20!S$##$0$) M.N.) +188-.LIslamic banking? theory andpracticeL, in A. :ri%

    23!@$&%/ R#/ +15-QIslamic Banking and itsImpact on international fnancial shcheme QHew 4ori&on.-5;

    28!S$##$0$u$ S!$# Hu%%!$/. +14-QIslamic BankingQoyal Book o -519

    29!Ibid

    2;!Mu!""!# A$ +188) QIslamic BankingRniversity o Aalaya

    http://www.learnislamicfinance.com/http://www.sbp.org.pk/ibd/faqs.pdfhttp://www.irfi.org/articles/articles_301_350/is_islamic_banking_islamic.htmlhttp://www.irfi.org/articles/articles_301_350/is_islamic_banking_islamic.htmlhttp://www.learnislamicfinance.com/http://www.sbp.org.pk/ibd/faqs.pdfhttp://www.irfi.org/articles/articles_301_350/is_islamic_banking_islamic.htmlhttp://www.irfi.org/articles/articles_301_350/is_islamic_banking_islamic.html
  • 7/25/2019 Working With Islamic Finance

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    2=!D. *$!u##$/ A"!# +185-"he -resent state oIslamic fnance movementR International Institute oIslamic Gconomics -5;

    >!M!/) *!

    1!S$##$0$) M.N.) +188-.LIslamic banking? theory andpracticeL,

    2!M. S!(!# +2,,8--erormance o Islamic bankingand conventional banking in -akistan? a comparativestudy. niversity o SD+TEG. School o "echnology

    $Society!/uaid5e5:&am8 Speech a! !he ounda!ion layin$ s!oneo !he S!a!e Bank o Pakis!an, 1st July 1=0;.

    0!D S!"%!# A>85>1

    9!SBP. +2,,2-:/ +n Islamic Banking. '2>>2)StateBank o -akistan.+nline! ited? 0 2>, 2>>=.!www.sbp.org.pk*ibd*a(s.pd.

    ;!Ibid

    http://www.asafas.kyoto-u.ac.jp/kias/contents/pdf/kb1_2/09mehboob.pdfhttp://www.asafas.kyoto-u.ac.jp/kias/contents/pdf/kb1_2/09mehboob.pdfhttp://www.sbp.org.pk/ibd/faqs.pdfhttp://www.asafas.kyoto-u.ac.jp/kias/contents/pdf/kb1_2/09mehboob.pdfhttp://www.asafas.kyoto-u.ac.jp/kias/contents/pdf/kb1_2/09mehboob.pdfhttp://www.sbp.org.pk/ibd/faqs.pdf
  • 7/25/2019 Working With Islamic Finance

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    =!SBP +2,,7-Q-akistan7s Islamic Banking Sectoreview. 2>>52>>9R IS@:AI B:HDIHF EG-:"AGH"

    0>!Ibid

    01!Ibid

    02!A;;u/!/ + 2,,7- 9aith and inance