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    TOWARDS DEVELOPING ASUCCESSFUL ISLAMICFINANCIAL SYSTEM:A LESSON FROM MALAYSIA

    Creating Dynamic Leaders

    Working Paper Series 003

    By

    Professor Sudin Haron

    2004

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    TABLE OF CONTENTS

    Towards Developing A Successful Islamic FinancialSystem: A Lesson From Malaysia

    Abstract 2

    Introduction 2

    History and Development 3

    Government Intervention 6

    Service Providers Intervention 8

    Educational Institutions Intervention 12

    Issues and Challenges 13

    Concluding Remarks 19

    Abstract

    Malaysia is among those Muslim countries

    that are fully committed to developing not

    only an Islamic banking, but also a complete

    Islamic nancial system. It is the objective

    of the Malaysian government to develop Is-

    lamic banking parallel to the conventional

    system. Over the years the Malaysian sys-tem has managed to portray itself as a fea-

    sible alternative to conventional banking.

    The journey towards this has not been an

    easy one. Nevertheless, the contributions of

    many parties especially by the Central Bank,

    industry players, educators, and customers

    managed to steer this system towards more

    efcient and effective system. To date, Ma-laysian system is studied and followed by

    other Muslim countries. There are, however,

    few issues still need to be addressed by re-

    sponsible parties. The elimination of issues

    such as legality and usage of selected Shari-

    ah principles; public acceptance and nanc-

    ing direction will certainly make this system

    more viable in replacing the conventionalsystem.

    Introduction

    The Islamic banking system in Malaysia is considered to be

    a more progressive and robust as opposed to similar bank-

    ing system in other Muslim countries. This is evident when

    Indonesia and Brunei adopted the Malaysian model during

    the initial stage of developing an Islamic banking system

    in their respective countries. Interestingly, although Paki-

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    stan was among the only two countries which hadfully Islamized her economy, it was the Malaysian

    assistance that was sought after by the Pakistani

    government when it proposed its intention of intro-

    ducing the Islamic window concept. The Malaysian

    Islamic banking system history began with the es-

    tablishment of the rst Islamic bank in Malaysia,

    i.e. Bank Islam Malaysia Berhad (BIMB), in 1983.

    Since then, the Islamic banking system has trans-

    formed to become a vibrant and dynamic system.

    Understanding the need to develop a more com-

    prehensive Islamic banking system, due attentions

    have been given in promoting and developing an

    Islamic nancial market, Islamic windows, and an

    Islamic stock market to complement the role of the

    system. Given its roles in the intermediation pro-

    cess and payments system, the Islamic banking

    system will continue to be at the core of the Islamic

    nancial system.

    The task of developing a successful Islamic nan-

    cial system is indeed not an easy one. It requires

    the formulation of a sound plan and well coordi-

    nated efforts from various parties. The successful

    development of an efcient and progressive Islamic

    banking system should be credited to the Malaysian

    government and its agencies especially the Minis-

    try of Finance and Bank Negara Malaysia (BNM).

    Through the dedicated commitment from these

    two agencies; several policies and guidelines for

    the industry player have been successfully intro-

    duced. Currently BNM has its own Islamic Bank-

    ing Department, which is responsible for the reg-ulatory aspects and has continuously introduced

    measures for the development of Islamic banking

    system in Malaysia. The rapid progress of Islamic

    banking over the last two decades would not have

    been possible without the continuous efforts from

    the industry players in building up a successful and

    vibrant industry As for the industry players, the last

    20 years have witness continuous effort form them

    to promote Islamic banking products and services

    as an alternative to the conventional system to both

    retail and corporate customers. From a humble be-

    ginning, Islamic banking system currently holds10.5 percent of Malaysian banking asset and by the

    year 2010 this gure is expected to grow to the 20

    percent level.

    Although the Malaysian Islamic banking system has

    achieved enormous success in building itself as a vi-

    brant complement to the conventional system, cer-

    tain issues have arisen and remained unresolved.

    Issues related to public awareness and acceptance,

    development of human capital through training and

    education, and the lawfulness of the Islamic princi-

    ples in use as well as their applicability are amongst

    those that have received great attention.

    The objective of this paper is to discuss the history

    and development of Islamic banking system in Ma-

    laysia and interventions taken by various parties in

    order to make this system a success. This paper is

    organized into seven sections: the history and de-

    velopment of Islamic banking system in Malaysia is

    highlighted in section two; section three, four and

    ve elaborate the interventions and contributions

    by various parties in developing this system; sec-

    tion six discuss the issues and challenges; and sec-

    tion seven presents the concluding remarks.

    History and Development

    As with other Muslim countries, the move towards

    establishing an Islamic bank in Malaysia was initiat-

    ed by private parties. The rst formal request wasmade during the Burmiputera (indigenous people)

    Economic Congress in 1980. This Congress passed

    a resolution, which required the government to al-

    low the Pilgrimage Board to establish an Islamic

    bank. In another seminar which was held in 1981 at

    the National University of Malaysia, the participants

    requested the government to promulgate special

    law which would allow the setting up of a new bank

    based on Islamic principles. In line with these re-

    quests, the government, on July 30, 1981 appointed

    a National Steering Committee on Islamic Banking.

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    This committee studied both the operations of the

    Faisal Islamic Bank of Egypt and the Faisal Islamic

    Bank of Sudan (Connors, 1988). Below are among

    the recommendations made by the committee in its

    report which was presented to the Prime Minister of

    Malaysia on July 5, 1982 (BIMB, 1984):

    1. The government should establish an Islamic

    bank whose operations are in accordance to the

    principles of Shariah.

    2. The proposed bank is to be incorporated as acompany under the auspices of the Companies

    Act, 1965.

    3. Since the Banking Act of 1973 is not applicable

    for the operations of an Islamic bank, a new Is-

    lamic banking act must be introduced to license

    and supervise the Islamic bank. The supervision

    and administration of the proposed act are to be

    the responsibility of the Central Bank of Malay-

    sia.

    4. The Islamic bank is to establish its own Shariah

    Board whose function is to ensure that the opera-

    tions of Islamic bank are in accordance to Sha-

    riah.

    The Islamic Banking Act, 1983, which was gazetted

    on March 10, 1983 and came into effect on April

    7, 1983, paved the way for the establishment of

    Islamic banking in Malaysia. This Act provides the

    Central Bank of Malaysia with powers to superviseand regulate Islamic banks in Malaysia. Simultane-

    ously, the government introduced the Government

    Investment Act in 1983 to enable the government

    to issue Government Investment Certicates,

    which are government bonds issued in accordance

    to Islamic principles.

    The rst Islamic bank, Bank Islam Malaysia Ber-

    had (BIMB) was incorporated on March 1, 1983 and

    commenced operations on July 1, of the same year.

    The bank now has a network of 89 branches. BIMB

    is not only promoting Islamic banking productsthrough its own operations but is actively involved

    in introducing Islamic nancial products and ser-

    vices through its own subsidiaries. At present, BIMB

    has subsidiaries dealing with leasing businesses,

    nominee services, family and general takaful (in-

    surance) business, trust funds, and stockbroking.

    The establishment of BIMB marked the beginning

    of a commitment by the Malaysian government to

    introduce Islamic banking in Malaysia. The present

    government however, does not have any intention

    of Islamizing the countrys nancial system. On

    the contrary, it is the long-term objective of Bank

    Negara Malaysia (BNM), i.e. the Central Bank of

    Malaysia, to create an Islamic banking system par-

    allel to the conventional system. The Central bank

    believes that this objective can be accomplished

    through: (i) large number of players, (ii) broad va-

    riety of instruments, and (iii) an Islamic inter bank

    market (Bank Negara Malaysia, 1994).

    In the process of increasing the number of players in

    the system, rather than allowing a new Islamic bank

    to operate, the BNM introduced a scheme known as

    Skim Perbankan Tanpa Faedah (SPI) or the In-

    terest Free Banking Scheme. Under this scheme

    often known as Islamic windows, all commercial

    banks, merchant banks and nance companies are

    given the opportunity to introduce Islamic banking

    products and services alongside their conventional

    banking services. The pilot phase of this scheme

    was launched on March 4, 1993, which involved thethree largest commercial banks in Malaysia. The

    second phase commenced on August 21, 1993 with

    10 more nancial institutions joining the scheme.

    At the end of December 1993, a total number of 21

    nancial institutions had obtained BNMs approval

    to participate in the scheme.

    BNM is also actively involved in formulating and

    establishing banking products whose operations do

    not violate Shariah principles. By the beginning of

    1993, a total of 21 Islamic banking products were

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    successfully developed by the Central Bank. Theseproducts represent the common products and ser-

    vices available at conventional banks except that

    they are Shariah compliant. In January 1994 the

    Islamic inter bank market was introduced in the

    Malaysian nancial system. This market con-

    sists of three elements namely, (i) interbank trad-

    ing in nancial instruments, (ii) Islamic inter bank

    investments, and (iii) Islamic inter bank cheque

    clearing system.

    In 1996, several new measures were introduced

    by BNM. First, nancial disclosure must be car-

    ried out via the New Financial Disclosure or GP8,

    which requires banking institutions participating in

    the system to disclose their Islamic banking opera-

    tions as part of their principal nancial statements.

    The disclosure, as part of the Notes to the Accounts

    entails the balance sheet and the Prot and Loss of

    the Islamic banking operations during the nancial

    year. Second, instead of providing products through

    the Islamic counter concept, conventional banks

    are now allowed to set up fully-edged branches

    (known as green branches) that deal exclusively

    with Islamic products.

    In the area of Shariah, BNM recognizes the need to

    harmonize the interpretation of Shariah in Islamic

    nance among the Shariah scholars. Hence, the

    National Shariah Advisory Council was established

    in 1997 with the objectives of advising BNM on mat-

    ters relating specically to Islamic banking, coor-

    dinating Shariah issues and analyzing the Shariahcompliance of new products or schemes submitted

    by banking institutions. The Council is empowered

    with the sole authority and reference on all Shariah

    matters pertaining to Islamic banking and takaful.

    Since its inception, this Council has agreed on sev-

    eral resolutions, i.e. banks are allowed to impose

    penalty charges on unpaid debts, no restriction on

    female and non-Muslim solicitors to act as signato-

    ries in all nancial documents, and second and third

    party charge is accepted as security.

    Although Islamic banks and the SPI banks appointtheir own Shariah advisers to advise them on their

    day-to-day operations, these banks are still required

    to refer to BNM on policy-related Shariah issues. In

    April 2005, BNM introduced the Shariah governance

    framework as one of the initiatives to strengthen

    the role and involvement of the Shariah scholars in

    the development of Islamic banking and nance.

    As the number of Muslims who want to realign

    more to Islamic practices in their economic activi-

    ties increase and the successful setting-up of therst Islamic Bank, these paved the way for the es-

    tablishment of a second Islamic bank. In October

    1999, the government granted a license for a sec-

    ond Islamic bank, Bank Muamalat Malaysia Berhad.

    An important milestone taken by BNM in positioning

    Malaysia as an international Islamic nancial hub

    was to bring forward the liberalisation of its Islamic

    banking sector to 2004, three years ahead of the

    World Trade Organisations deadline, by granting

    three new Islamic bank licenses to foreign insti-

    tutions. These three Islamic nancial institutions

    are from the Middle East, namely Kuwait Finance

    House, Al-Rajhi Banking & Investment Corporation

    and a consortium of Islamic nancial institutions

    represented by Qatar Islamic Bank, RUSD Invest-

    ment Bank Inc., and Global Investment House.

    As the Islamic banking industry progresses into a

    more advanced stage of development, BNM also is-

    sued ve new licenses for domestic banks to cre-

    ate Islamic subsidiaries. The underlying philosophyfor this establishment is to further strengthen the

    institutional structure of the Islamic banking opera-

    tions. The RHB Bank is the rst local bank to have

    a full edge Islamic bank subsidiary, known as RHB

    Islamic Bank, which commenced operation on 16th

    March 2005 and followed by Commerce Tijari Bank

    Berhad, which started operation on 15th April 2005

    and Hong Leong Islamic Bank Berhad on 19th July

    2005.

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    Government Intervention

    Positive intervention on a continuous basis from the

    government is the key element for the successful

    story of the Malaysian Islamic banking system. For

    example, the appointment of the late Raja Mohar

    Raja Badiozaman, the then economic adviser to

    the Prime Minister to chair the steering committee

    to study the viability of introducing Islamic bank-

    ing in Malaysia in 1981 was the clear indicator that

    government is really serious in establishing Islamic

    banking system in the country. Secondly, it took

    less than a year for the government to introduce a

    new legislation, which allowed Islamic bank to start

    its operation.

    Thirdly, acknowledging the fact that the Islamic

    bank would face liquidity problem at its early stage

    of business, the Government Investment Act 1983

    was simultaneously enacted with the Islamic Bank-

    ing Act 1983. While Islamic Banking Act 1983 pro-

    vides BNM with powers to supervise and regulate Is-lamic banks, the Government Investment Act 1983

    empowers the government to issue certicates on

    Islamic basis. As the certicates are regarded as

    liquid assets, the Islamic banks could invest in the

    certicates to comply with the prescribed liquidity

    requirements as well as to park their temporary

    idle funds. This signicant step has made Malaysia

    the rst country in the world to issue government

    bonds on an Islamic basis.

    Fourthly, realizing the fact that a new system will

    certainly face various challenges and uncertainties,

    the government granted a ten-year monopolistic

    status to BIMB. The rationale to conne Islamic

    banking within the structure of a single Islamic

    bank was to allow the Islamic bank to operate in a

    smooth manner without undue competition, which

    may hinder the progress of Islamic banking. It was

    the hope of the government that within this grace

    period BIMB would be able to position itself as a

    strong and viable nancial institution. Furthermore,

    with only one Islamic bank operating, it would be

    that much easier for the authority to develop andtest out new instruments on a careful and prudent

    basis (Bank Negara Malaysia, 1994).

    BNM has also established a special unit in the Bank

    to carry out strategic planning as well as regulating

    and developing the Islamic banking system. This

    role was given to its Islamic Banking Department,

    which was rst established within the cluster of the

    Banking and Regulation Department. As of October

    2001, this Department was upgraded as one of the

    key departments in BNM. Below are some of the

    recent and major measures undertaken following

    the recommendations by this department to further

    enhance the development of Islamic banking sys-

    tem in Malaysia. These measures, normally, are in

    the form of policies and procedures to be followed

    by the players and some are structural changes

    pertaining to legal and accounting systems. They

    are:

    1. A requirement to observe the minimum risk

    weighted capital adequacy ratio framework for

    the Islamic banking portfolios of conventional

    banking institutions participating in the Islamic

    Banking Scheme (2001).

    2. A standard framework for the computation of

    the rate of return for Islamic banking institutions

    (2001).

    3. The establishment of Consultative Committee

    on Product and Market Development. This is acollaborative approach with the industry players

    with the purpose of developing risk-sharing mode

    of nancing and Islamic oating rate mechanisms

    for managing uctuating market risks (2002).

    4. The Guidanc e Note on Sell and Buy Back

    Agreement to facilitate a structured trading of

    sell and buy back agreement with best practices

    (2002).

    5. Introduced a standard list of generic names of

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    Islamic banking products and services. Of sig-nicance is the indicator i afxed at the end of

    generic name (2002).

    6. The new framewo rk o f ca lcu la t ing t he

    distributable prots and the derivation of rates of

    return to depositors in Islamic banks (2003).

    7. The Guidelines on the Specimen Reports and

    Financial Statements for Licensed Islamic Banks

    or GP8-I (2003).

    8. The amendment to the Central Bank of Malaysia

    Act 1958 which position the Shariah Advisory

    Council of BNM as the sole authority on Shariah

    matters pertaining to Islamic banking and nance

    that falls under the purview of BNM (2003).

    9. The establishment of a dedicated High Court to

    adjudicate all muamalat cases in the Commer-

    cial Division of High Court Kuala Lumpur. In this

    regard, a directive (Practice Direction No. 1 of

    2003) was issued by the Chief Judge Malaya to

    all legal practitioners in the country to register

    Islamic banking and nance cases at both the

    High Courts and the lower courts using a special

    code number (2003).

    10. The formation of the Law Review Committee

    comprising representatives from the Attorney

    Generals Chambers, Ministry of Finance, Ma-

    laysian Bar Council, industry players and legal

    practitioners. The main task of this Committeeis to review the existing laws pertaining to tax-

    es, stamp duties, lands and other administra-

    tive matters (2003).

    11. The issuance of new Islamic banking licenses

    under the Islamic Banking Act 1983 to three

    leading foreign Islamic nancial institutions

    from the Middle East (2004).

    12. The transformation of the current Islamic

    window structure into Islamic subsidiary and

    approval has been given to ve domestic bank-ing groups to establish their own subsidiary

    (2004).

    13. The Islamic banks are allowed to determine a

    reasonable ceiling prot rate and to include in

    their nancing agreements, and their letter of

    offer, the mechanism and benchmark used in

    deriving the effective prot rate.

    14. The Guidelines on Directorship in the Islamic

    Banks or GP1-i which spell out the duties and

    responsibilities of the board, appointment and

    reappointment of directors and chief executives,

    directorship in other corporations and compo-

    sition of the board of directors as well as the

    requirement for the Islamic banks to establish

    an Audit Committee and other board commit-

    tees consisting of Nominating Committee, Re-

    muneration Committee and Risk Management

    Committee (2004).

    15. The Guidelines on Financia l Reporting for

    Licensed Institutions or BNM/GP8 (2004).

    16. The Guidelines on the Governance of Shariah

    Committee for the Islamic Financial Institutions

    in which the functions and duties of this com-

    mittee are rationalized and streamlined.

    As the banking industry entered the turn of the

    millennium, the government reafrmed its long-

    term commitment in developing Islamic bankingin Malaysia. This is reected in the formulation of

    the Financial Sector Masterplan in 2001. The ob-

    jective of this Plan is to develop a more resilient,

    competitive and dynamic nancial system with best

    practices, that supports and contributes positively

    to the growth of the economy through the economic

    cycle, and has a core of strong and forward looking

    domestic nancial institutions that are more tech-

    nology driven and ready to face the challenges of

    liberalization and globalization.

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    Importantly, the Plan outlined a detailed long-termstrategy to promote Islamic banking industry as

    a niche area where Malaysia will be competitively

    placed as an international leader in this industry.

    By 2010, the Plan proposed the following criteria

    to be achieved by the Islamic banking system in

    Malaysia:

    1. Constitute 20% of the banking and insurance

    market share with an effective contribution to the

    nancial sector of the Malaysian economy;

    2. Represented by a number of strong and highly

    capitalized Islamic banking institutions and taka-

    ful operators offering a comprehensive and com-

    plete range of Islamic nancial products and ser-

    vices;

    3. Underpinned by a comprehensive and conducive

    Shariah and regulatory framework;

    4. Supported by a dedicated institution (Shariah

    commercial court) in the judiciary system that

    addresses legal issues related to Islamic banking

    and takaful;

    5. Supported by a suff icient number of well

    trained, high caliber individuals and management

    teams; and

    6. Epitomise Mal aysia as a regional Isl amic

    nancial center.

    Service Providers Intervention

    Islamic banks in present time were created in junc-

    tion with the Islamic resurgence, which took place

    within many Islamic communities especially at the

    end of 1960s and in the early 1970s. One of the

    most important issues that were widely discussed

    during that period was the transformation of the

    economy from a capitalist basis to an Islamic foun-

    dation. Since Muslims are prohibited from giving

    or taking interest (or riba in Islamic banking litera-ture), the removal of interest has generally been

    the rst step for the Islamisation of the economy.

    It is perhaps only natural that the formation and

    operation of Islamic banks were given the most at-

    tention (Khan and Mirakhor, 1987). Due the riba

    factor, most pioneering Islamic banks have incorpo-

    rated the elimination of riba within their corporate

    objectives. Some of the examples are as follows:

    Dubai Islamic Bank (DIB), The United Arab

    Emirates:

    The main objective of an Islamic bank is to prohib-

    it the Muslims from dealing with interest or usury

    which has been strictly prohibited by Allah and to

    protect them from one of the biggest sins.

    (undated DIB information leaet)

    Kuwait Finance House (KFH), Kuwait:

    To conduct all banking operations and services for

    its own account, or for the account of third parties,

    without practising usury, whether in the form of in-

    terest or in any other form.

    To carry out direct investments or purchase or -

    nance projects or activities owned by others, on a

    non-usurious basis.

    (KFH, Memo and Articles of Association, 1977)

    Faysal Islamic Bank of Bahrain (FIBB), Bah-

    rain:

    To promote, foster and develop the application of

    Islamic principles, laws and traditions to the trans-

    action of nancial, banking and related business

    affairs including the investment of funds for the

    purpose of compensation for the nancial conse-

    quences of dened risks or losses, and to promote

    investment in companies, enterprises and concerns

    which shall themselves be engaged in business ac-

    tivities as are acceptable and consistent with Is-

    lamic principles, laws and traditions and in no event

    engaged in the alcoholic beverage trade, the busi-

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    ness of borrowing and lending money at interest,the gambling industry or the pork meat industry.

    (FIBB, undated Memo and Articles of Association)

    Jordan Islamic Bank, Jordan:

    The Bank aims at meeting the economic and social

    needs in the eld of banking services, nancing and

    investment operations on a non-usurious basis. In

    particular these objects shall include:

    a) Expanding the extent of dealings with the

    banking sector by offering non-usurious banking

    services with special emphasis on introducing

    services designed to revive various forms of col-

    lective social responsibility on a basis of mutual

    benet.

    b)Developing means to attract funds and savings,

    and channeling them into participation in non-

    usurious banking investment.

    c) Providing the necessary financing to meet the

    requirements of the various sectors, particularly

    those which are not likely to benet from usuri-

    ous banking facilities.

    (Jordan Islamic Bank for Finance and Investment

    Law, 1978)

    As evident form the various objectives listed above,

    it is clear that the main purpose of establishing Is-

    lamic banks is to fulll the banking needs of Mus-

    lims. Since interest is viewed as illegal for Muslimsin accordance with Shariah principles, survival

    should not be an issue for Islamic banks especially

    if they are established within the Muslim countries.

    Banking on the needs of Muslims for Shariah com-

    pliant products and services offered by nancial

    institutions, many proponents agree that Islamic

    banks are thus, ensured of their continuous exis-

    tence. Unfortunately, in reality, this conviction does

    not always hold.

    Most Muslims do not behave in conformity to the be-

    lief of many Muslim jurists and scholars. Empiricalstudies have shown that Muslims tend to behave as

    rational economic man. Therefore, the norm rules

    of selecting bank apply to Muslims. For example,

    the top ve factors Malaysian Muslims consider as

    important when selecting their banks are, (1) fast

    and efcient services, (2) speed of transactions, (3)

    friendliness of bank personnel, (4) condentiality of

    bank, and (5) knowledgeable about the needs of

    customers.

    Several possible reasons can be put forward as to

    why Muslims do not conform to the governing prin-

    ciples of Muslim economic behavior i.e. belief in the

    Day of Judgement, Islamic concept of riches, and

    Islamic concept of success. It is worth to note that

    modern conventional banks have been in existence

    for more than 850 years and Muslims have been

    long imbued with the capitalist and conventional

    system. The problem of survival will not occur if the

    whole economic system is converted into an Islamic

    economic system (countries that already has a full

    economic system are Pakistan, Iran and Sudan). In

    most cases, however, Islamic banks have to co-ex-

    ist with the conventional banks. Therefore, without

    effective marketing strategy Islamic bank will not

    be able to convince customers to switch from con-

    ventional to Islamic system. The belief that the

    Muslims are rational customers could be one of the

    reasons of why BIMB chose the following objective

    during its early years of establishment:

    To provide banking facilities and services in accor-dance with Islamic principles, rules and practices to

    all Muslims as well as the population of this coun-

    try. The Islamic principles, rules and practices are

    essentially those belonging to the body of Islamic

    principles on commercial transactions (ahkam al-

    muamalah al-Islamiah) that relate to banking and

    nance. The banks efforts to provide these bank-

    ing facilities and services are undertaken within the

    framework of its viability and capability to continu-

    ously grow and expand.

    (BIMB, 1985)

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    Recognizing and leveraging on the increasing ap-peal of the Islamic banking products and services

    from both Muslims and non-Muslims customers, the

    above objective are now being replaced with more

    dynamic and concise as follows:

    1. To provide its customers with Islamic banking

    facilities and services of the highest possible

    quality;

    2. To at tain viabil ity and sufficient l evel of

    protability to sustain growth;

    3. To develop and fost er a competent and

    innovative management imbibed with high stan-

    dard of integrity and Islamic banking profession-

    alism;

    4. To develop a motivated workforce inculcated

    with appropriate work ethics fully committed to

    the Bank and efcient and courteous services to

    the customers;

    5. To constantly strive to protect its shareholders

    interest;

    6. To be always conscious of its responsibilities and

    duties as an Islamic corporate citizen.

    In view of the above objective, we can safely con-

    clude that the operation of BIMB is similar to any

    ordinary commercial bank, except that it is guided

    by the Shariah principles. The following BIMBs mis-

    sion supports this statement:

    To seek to operate as a commercial bank func-

    tioning on the basis of Islamic principles, provid-

    ing banking facilities and services to Muslims andthe whole population of this country, with viability

    and capability to sustain itself and grow in the pro-

    cess.

    Contrary to the objectives of Islamic banks at other

    Muslim countries, the focus of BIMB is providing Is-

    lamic banking facilities to all Malaysian populations,

    both Muslim and non-Muslim customers, based on

    viability. As the pioneer Islamic bank in Malaysia,

    BIMB has been able to portray itself as the leader

    in the countrys Islamic banking system. For ex-

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    Towards Developing A Successful Islamic FinancialSystem: A Lesson From Malaysia

    ample, started with its rst branch in Kuala Lum-pur in 1983, the Bank now has a network of more

    that 50 branches. BIMB recorded strong growth a

    year after its inception. Total assets doubled from

    RM170.7 million at the end of 1983 to RM369.8 mil-

    lion at the end of 1984, with sharp increases of de-

    posits from RM91.0 million to RM274.9 million, and

    of loans from RM40.7 million to RM249.8 million. As

    at the end of June 2004, total assets of BIMB was

    RM12,958 million, whereas total deposits and total

    loans were RM11,269 million and RM7,640 million,

    respectively.

    BIMB accomplishment is attributed to the banks

    top management who has transformed BIMB into

    a dynamic bank that it is today. By having a for-

    ward-looking management, BIMB not only has con-

    tributed to the successful story of Islamic banking

    within the Malaysian context but has also build its

    reputation at the international arena. Some of the

    successful stories are as follows:

    1. Besides becoming the first Islamic bank in

    Malaysia, BIMB was the rst institution that

    provides takaful business (Islamic insurance)

    through its subsidiary, Syarikat Takaful Malaysia

    Berhad.

    2. The rst Islamic credit card was also introduced

    by BIMB.

    3. The firs t Islamic bond was designed and

    managed by BIMB i.e. bai bithaman ajil bonds forRM125 million issued by Shell MDS Sdn Bhd in

    1990. Similarly, using the similar principle, BIMB

    also involved in issuing RM 2.2 billion bonds for

    the Malaysian Government for nancing the con-

    struction of Kuala Lumpur International Airport.

    Others are currently adopting the structure of

    this bond in structuring other new issues.

    4. BIMB was the first bank that has it s own

    institution, BIRT Training and Research Institute,

    providing training and consultancy works to public

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    in Malaysia and other countries. This institutionwas later being upgraded to institution of higher

    learning and providing certicate and diploma in

    Islamic banking and nance to students. Due to

    the liberalization process, the ownership of this

    institute was transfer to a few banks in the coun-

    try and renamed as Islamic Banking and Finance

    Institute Malaysia or IBFIM.

    5. BIMB has produced many quality staff and

    many of these staffs now work as key personnel

    with other Islamic nancial institutions in Malay-

    sia.

    Although there are other Islamic nancial institu-

    tions operating in Malaysia, these institutions fall

    within the categories of a challenger, follower, or

    nicher. In most cases, they contribute in their

    own ways in promoting their Islamic products and

    services. In the case of Bank Muamalat Malaysia

    Berhad (BMMB), for example, it is evident from its

    2003 annual report that the bank aspires to become

    a challenger to BIMB. As depicted in this report,

    BMMBs strategy in competing for a share of the

    Islamic customer base is to increase its consum-

    er and retail nancing to a 60 percent level in the

    year 2005 as well as to increase fee-based income

    through investment banking division. In the case of

    other Islamic banking providers such as Maybank,

    Public Bank Berhad and Southern Bank, these con-

    ventional banks are seen to be as either a follower

    or nicher.

    Seeing the importance of having the spirit of to-

    getherness, Islamic banking providers decided to

    come together and form an association, known as

    the Association of Islamic Banking Institutions Ma-

    laysia (AIBIM). Among the objectives of this Asso-

    ciation are as follows:

    1. To promote the establishment of sound Islamic

    banking system and practice in Malaysia in co-

    operation and consultation with BNM and other

    regulatory bodies in Malaysia;

    2. To p r o m o t e a n d r e present the interests ofmembers by all means and methods consistent

    with the laws of Malaysia in or connected with

    Malaysia;

    3. To render where possible such advice or

    assistance as may be deemed necessary and ex-

    pedient to members;

    4. To take note of events, s tateme nts and

    expression of opinions affecting members, to ad-

    vise them thereon and to represent their interests

    by expression of views thereon on their behalf as

    may deemed necessary and expedient;

    5. To work in co-operation with other similar

    association elsewhere in the world;

    6. To circulate information likely to be of interest

    to members;

    7. To promote education and training in Islamic

    banking so as to upgrade Islamic banking exper-

    tise in Malaysia;

    8. To work in conjunction with any legal body or

    any association or committee or commission ap-

    pointed or to be appointed for the consideration,

    framing, amendment or alteration of any law re-

    lating to Islamic banking;

    9. To make provision subject to the approval of the

    authorities for the conduct of foreign exchangeand other Islamic banking business; and

    10. To organize and manage arrangements and

    maters of common interest, concern or benet

    to members or any group of members and to

    collect and manage funds for the same.

    Prior to forming this Association, every Islamic bank

    conducted their own public awareness program

    on Islamic banking system. The Association now

    shoulders this task. One of the common activities

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    Towards Developing A Successful Islamic FinancialSystem: A Lesson From Malaysia

    undertaken by this Association in educating publicis by organizing two important events, (1) Islamic

    Banking and Takaful Week, and, (2) Islamic Bank-

    ing and Takaful Expo. While Islamic Banking and

    Takaful Week is an annual event and usually held

    in Kuala Lumpur, Islamic Banking and Takaful Expo

    is a program conducted at various capital states in

    Malaysia. For example, the rst expo was held from

    26th to 28th September 2003. This expo attracted

    more than 38,000 visitors and was participated by

    two Islamic banks, 10 local commercial banks, four

    foreign banks, four takaful companies, four auto-

    mobiles companies, ten housing developers, and

    ve other companies.

    In view of the overwhelming response, the second

    expo was held from 8-10 October 2004 at Putra

    World Trade Center, Kuala Lumpur. Besides exhibi-

    tion on the various Islamic banking products and

    services currently on offered in the market; activi-

    ties such as seminar, forum and talks were also or-

    ganized and broadcast in through electronic media.

    Seeing the importance of educating public on a con-

    tinuous basis, AIBIM has planned more exhibitions

    for the year 2005. Four such exhibitions have been

    successfully organized at Shah Alam, Alor Setar, Jo-

    hor Bahru and Ipoh during the rst half of 2005.

    Educational Institutions Intervention

    Despite the achievements that have been achieved

    so far, there remains the need for Islamic bank tostrive to enhance their capacity and capability. This

    requires the readiness to invest in talent and skills

    to spearhead the development of the Islamic bank-

    ing industry. It is also important for this industry

    to continually promote human capital development

    and expertise to create a larger pool of experts and

    high caliber professionals. Realizing that develop-

    ing the required pool of qualied and skilled human

    resources is vital to drive the industry to greater

    heights, BNM, through the Financial Sector Mas-

    terplan, outlined two important measures need to

    be undertaken by both Islamic nancial institutionsand institutions of higher learning. Firstly, Islamic

    nancial institutions need to form strategic alliance

    with institutions of higher learning with the purpose

    of enhancing knowledge on Islamic banking and

    takaful. Secondly, it is suggested in the Plan that

    Islamic banking subjects be incorporated into the

    school curriculum as well as in institutions of higher

    learning.

    In an environment of rapid change, a key factor

    that will inuence the future prospects of Islamic

    banking industry will be investment in its human

    resources. Investing in the development of human

    capital will be the differentiating factor that will

    contribute to the effectiveness, resilience and com-

    petitiveness of the industry. This undertaking needs

    to be the joint responsibility of industry practitio-

    ners and academia to mutually elevate the perfor-

    mance of the industry. As a matter of fact, strategic

    alliance between Islamic nancial institutions and

    institutions of higher learning has long been estab-

    lished.

    This relationship, however, is mostly in the form of

    a one-time affair and is generally on an informal ba-

    sis. For example, BIMB has always been accommo-

    dative to the request of institutions of higher learn-

    ing for their student internship program. Similarly,

    it is often the case for a representative from the Is-

    lamic nancial institutions to be invited to become a

    member of an academic committee established by

    these higher institutions before any Islamic bankingand nance program is offered in the institutions.

    For instance, representatives from BIMB and BMMB

    were invited to sit in the academic board for the

    program of the Bachelor of Islamic Banking and Fi-

    nance of the Faculty of Finance and Banking at the

    Universiti Utara Malaysia.

    Although efforts have been made to bridge the gap

    between the requirement of the industry and the

    development of human capital by the higher insti-

    tutions, the activities taken are sometimes, based

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    solely on the initiatives of higher institutions only.As a result, there exist an apparent mismatch be-

    tween the supply and demand of human capital for

    the Islamic banking industry. There is a possibility

    that the industry players have no or limited knowl-

    edge about the academic programs related to Is-

    lamic banking and nance that are currently being

    offered at the local higher institutions. The following

    Table 1 highlights some of the programs related to

    Islamic banking and nance presently being offered

    by institutions of higher learning in Malaysia.

    Table 1List of Programs Related to Islamic Banking and Finance at Higher Institutions in Malaysia

    Inst Phd Master Bachelor

    Besides the above programs, Islamic banking and

    nance programs are also available at private insti-

    tutes of higher learning. These programs, however,

    are mostly at the diploma level. For example, the

    Diploma of Islamic Banking and Finance is offered

    at the Darulridzuan Islamic College of Perak, Sultan

    Zainal Abidin Islamic College of Terengganu and In-

    ternational University College of Selangor.

    Issues and Challenges

    Islamic banks will not face any treats and chal-

    lenges if Muslims are fully aware that interest is

    not permissible in Islam. Similarly, if all Muslims are

    bound by the Muslims economic-behavior doctrine,

    Islamic banks will have a continued existence. Un-

    fortunately, Islamic banks operate in an environ-

    ment where customers make rational economic

    decisions. In light is this, Islamic bank should not

    use religion as its major strength in attracting cus-

    tomers, instead the bank must be managed effec-

    tively and efciently. The last decade have also

    seen the Islamic nancial landscape being signi-

    cantly redened and shaped by powerful forces of

    change. In light of further globalization and liber-

    alization of the nancial system, BNM has outlined

    three important factors that will change the future

    landscape of banking industry in Malaysia, namelyincreased competition as a result of globalization

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    Towards Developing A Successful Islamic FinancialSystem: A Lesson From Malaysia

    and liberalization, rapid technological advancementwhich lead to greater efciency and effectiveness,

    and a new generation of customers which are more

    discerning and have become more involved in their

    nancial decisions.

    As the nancial landscape is undergoing transfor-

    mation, competition spurred by nancial liberaliza-

    tion will intensied banking institutions are facing

    competition not only from each other but also from

    non-traditional competitors as well as from alterna-

    tive sources of nancing such as the capital market.

    On the Islamic banking front, new foreign players

    and the transformation of Islamic windows into Is-

    lamic subsidiaries present new challenges to the

    Islamic banking scene in Malaysia. Furthermore,

    technological advancements have allowed the de-

    velopments of new and more efcient delivery and

    processing channels as well as more innovative

    products and services.

    The challenge of banking institutions is to effective-

    ly leverage on the opportunities offered by tech-

    nology to innovate products and services aimed at

    attaining greater efciency, reliability and competi-

    tiveness. Another challenge facing Islamic bank is

    the growing changing needs and expectations of

    consumers in tandem with increased in education

    level and growing wealth. Customers are now more

    sophisticated in their needs and expectations. Cor-

    porate customers have become more performance

    oriented and are demanding competitive nancial

    product. Customers too are becoming increasinglydiscerning and have becomes more involved in their

    nancial decisions. Customers are now demanding

    a boarder range of products and services at more

    competitive prices through more efcient and con-

    venient channels.

    Therefore, these challenges require Islamic banking

    providers to be more susceptible to the needs of

    customers, provide more efcient and high quality

    services, and make full use of the latest technology

    available in the industry to gain competitive advan-

    tage. Although, the Malaysian Islamic banking sys-tem is been regarded as the front-runner among

    its counterparts in other countries, certain issues

    remain unresolved. Amongst the most important is-

    sues are public awareness and acceptance, and the

    lawfulness of the Islamic principles in use as well as

    their applicability.

    Public Acceptance

    Since its introduction, Islamic banking products

    have now gained wide acceptance in Malaysia.

    This is reected by the increasing amounts of to-

    tal deposits and total loans that are based on Is-

    lamic principles placed by Muslim and non-Muslim

    customers. In the case of BIMB for example, at

    the end of June 1984 (its rst year of operation),

    the total deposits and total loans were RM241 mil-

    lion and RM162 million respectively. At the end of

    1994 (the 10th year of its operations), total depos-

    its increased to RM2,548 million whilst total loans

    increased to RM977 million. The corresponding g-

    ures for the nancial year 2004 were RM11,269

    million and RM7,640 respectively.

    Public support and acceptance towards the Islam-

    ic banking system is also high as reected by the

    usage of Islamic banking products offered by the

    conventional nancial institutions. In 1994, i.e. the

    rst year of which selected commercial banks were

    allowed to introduce Islamic deposit facilities, a to-

    tal of RM1,463 million deposits was collected fromthe customers. This gure comprises of deposits in

    current account (RM166 million), savings deposit

    (RM1,146 million) and investment deposit facilities

    (RM151 million).

    Since then, these three types of deposits continue

    to receive full support from the public. At the end

    of 2004, total Islamic deposits placed by customers

    at commercial banks increased to RM53,273.5 mil-

    lion. The gure for current account was RM12,886.9

    million, whereas RM8,072.9 million and RM32,313

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    million for savings and investment accounts, re-spectively. Thus, the ability of the Islamic banking

    institutions to arrange and offer attractive and in-

    novative products at competitive prices vis--vis

    conventional banking products has appealed to

    both Muslim and non-Muslim customers, reecting

    the effectiveness and competitiveness of Islamic -

    nance as a form of nancial intermediation.

    Although gures for total deposits of BIMB and Is-

    lamic deposit facilities of commercial banks had

    increased signicantly over the last ve years, we

    cannot generally imply that that the Malaysian public

    are all receptive towards Islamic banking products.

    The comparative growth gures between Islamic

    and conventional deposits are good indicators for

    making few comments for further considerations.

    The growth for various types of deposit facilities

    in conventional and Islamic system of commercial

    banks is shown in Table 2.

    Table 2: Annual growth of various deposits facilities at commercial banks (%).

    2000 2001 2002 2003 2004

    Source: Bank Negara Malaysia Annual Report (various issues)

    As indicated in Table 2, the yearly growth guresfor Islamic deposits were greater, in most cases,

    than the gures for conventional deposits. Looking

    at individual gures, we can also see that in many

    instances, the growth for various types of Islamic

    deposit facilities were greater than the growth of

    deposits of the conventional system. This statistics

    implies that Islamic banking products have now be-

    come more popular among Malaysians.

    The above growth gures alone cannot answer sev-

    eral pertinent questions related to the development

    of Islamic banking in Malaysia. Such issues include

    whether all economic units in Malaysia are really

    keen with the idea of the superiority of Islamic

    banking against the conventional banking; whether

    commercial banks in Malaysia are really committed

    to adhere to the directives of BNM in promoting Is-

    lamic banking products; and whether Islamic bank-

    ing system has a bright future in Malaysia. Answers

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    Towards Developing A Successful Islamic FinancialSystem: A Lesson From Malaysia

    to some of these issues can be found by lookingat the percentage of the deposits placed by Malay-

    sians in Islamic system against the deposits with

    the conventional system. The percentage of funds

    placed in various types of deposit facilities available

    at commercial banks in Malaysia is shown in Table

    3 below.

    Table 3: Funds deposited at various deposits facilities of commercial banks (%).

    2000 2001 2002 2003 2004

    Source: Bank Negara Malaysia Annual Report (various issues)

    Looking at Table 3, notwithstanding with the fact

    that there is a sign towards positive development

    of Islamic banking system in Malaysia, it is inevi-

    table to conclude that much work is still needed

    to make this system more attractive to the public.

    Furthermore, Malaysia is a country whereby Mus-

    lims represent half of the countrys population andis governed by a coalition government that is led

    by UMNO (a Muslim-based party). Therefore, when

    total funds deposited in an Islamic system remains

    not more than 15 percent of total deposits in com-

    mercial banks, remedial actions are necessary in

    order to ensure this system share a greater deposit

    gure in the future.

    In such instances, BNM being the governing body

    of the Malaysian banking system not only must in-

    troduce directives which can lead to the progres-

    sive development of Islamic banking system butmust impose penalty to those who are not serious

    in promoting this alternative system. In a study

    conducted by Haron et al. (1994), the authors re-

    ported that almost 100 percent of Muslims and 75

    percent of non-Muslims in their study were aware

    of the existence of Islamic banks. Most of them

    expressed their desire to have a relationship with

    Islamic banks only if they have a complete under-

    standing of this system. In addition, the authors

    also presented evidence, which suggests that the

    public believed that Islamic bank is not meant for

    Muslim customers only. Therefore, issues regard-

    ing public acceptance does not arise. On the con-trary, the major issue here seems to rest on those

    providing these services.

    Although Islamic nancial institutions claimed that

    their marketing programs are extensive in promot-

    ing Islamic banking products and services, the re-

    sults are far from satisfactory. In another study on

    the perceptions of corporate customers toward Is-

    lamic banks in Malaysia, Ahmad and Haron (2002)

    revealed that Islamic banks had not done enough in

    marketing their products to corporate sector.

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    The Usage of Shariah Principles

    There are many Shariah principles available to be

    applied and implemented by Islamic banks in deliv-

    ering their products and services. These principles

    can be broadly classied into ve categories, (1)

    prot and loss sharing principles; (2) trade prin-

    ciples, (3) fees or charges based principles; (4) free

    services principles; and (5) ancillary principles. Al-

    though a number of principles have been adopted

    according to how Islamic banks wish to conduct

    their operations, it is the consensus among Muslim

    scholars that these principles falls to two main clus-

    ters, i.e. strongly Islamic and weakly Islamic.

    A principle is considered strongly Islamic if it con-

    forms to the Islamic objectives in both form and

    substance. Weakly Islamic refers to conformity with

    Islamic norms in form but not in substance. The

    basis for judgement as to the strength or weakness

    of a given principle is the extent to which this mode

    contributes towards the achievement of the objec-

    tives of the Islamic economy. Thus, only those prin-

    ciples, in which risks are shared between providers

    and users of funds, can be considered strongly Is-

    lamic. Muslim scholars consider only two principles,

    i.e. mudarabah and musharakah, as strongly Islam-

    ic and the remaining principles are recommended

    only in cases where risk-return sharing cannot be

    implemented (Mirakhor, 1987).

    Since the early days of modern Islamic banking

    system, scholars had put their recommendation toIslamic banks to use prot and loss sharing princi-

    ples for both deposits taking and nancing activities

    (see Ahmed et, al. 1983; Siddiqi, 1983; Qureshi,

    1985; and CII Reports, 1983). While these princi-

    ples are widely used in the deposit taking activities,

    the usage in the nancing activities has been rela-

    tively non-existence. Islamic banks prefer to use

    principles within the fee-based category because of

    its simplicity, less risk involvement, and pre-deter-

    mined xed rate of return. Similarly, the principles

    within this category preserve the status quo associ-

    ated with traditional banking, with its emphasis oncreditworthiness of the client and maintenance of

    credit-debtor relationship. It is believed that the

    usage of these facilities opens the back door for

    interest (Ahmed, et. Al, 1983).

    The renunciation of the prot and loss sharing prin-

    ciples by Islamic banks management in their nanc-

    ing is clearly seen from the gure of the total funds

    channeled to these activities. In the case of Dubai

    Islamic Bank, for example, at the end of 2004 the

    total funds allocated for prot and loss sharing prin-

    ciples was 10% of its total nancing. Similarly, the

    corresponding gures for Jordan Islamic Bank and

    Qatar Islamic Bank were 3% and 4%, respectively.

    Just as in the case of other Islamic banks, Bank

    Islam Malaysia Berhad also prefers to use the fee-

    based principles in its nancing activities. Histori-

    cally, at the end of 1988, only 1% of its total nanc-

    ing was in the form of mudaraba and musharaka.

    In 1993, the gure increased to 2 percent and at

    the end of nancial year 1999 the gure decreased

    back to 1percent. After more than 15 years of its

    establishment, it is timely for both Islamic banks in

    Malaysia and in other countries not to overly depen-

    dent on fee-based nancing activities.

    New strategies must be implemented in order to

    increase the usage of prot and loss sharing ac-

    tivities. However, it is worth to note that there are

    some proponents of Islamic banking who do believe

    that there is nothing wrong in using mark-up prin-ciples (also refereed to as the deferred contracts

    of exchange) in banking businesses because any

    transaction that based on trades are unlawful from

    Shariahs point of view and also in line with the

    verse 275, Al Baqarah, which says, God hath per-

    mitted trade and forbidden usury. (Ismail, 2002)

    The use of terminology in describing these princi-

    ples could also lead to confusion. Malaysia for ex-

    ample, is the only country where the Arabic words

    are used in describing all the Shariah principles gov-

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    Towards Developing A Successful Islamic FinancialSystem: A Lesson From Malaysia

    erning its Islamic banking operations. Other coun-tries, however, retain the Arabic words for certain

    principles only, using vernacular words for others.

    Some of the principles which are widely published

    in the Islamic banking literature in Malaysia are al-

    wadiah, al-wadiah yad dhamanah, al-mudharabah,

    al-musyarakah, al-murabahah, bai bithaman ajil,

    bai al-dayn, al-wakalah, al-kafalah, al-hiwalah, al-

    ijarah, al-ijarah thumma al-bai, al-ujr, ar-rahn, bai

    al-inah, al-istisna and al-qardhul hassan.

    The Legality of the Principles

    Although Malaysia is considered as one of the Muslim

    countries that have successfully promoted Islamic

    banking at par with conventional system, there are

    objections from scholars in other countries regard-

    ing the lawfulness of the Shariah principles used

    in its system (Al-Qaradawi, 1997; Homoud, 1999).

    One of the areas that have received heavy criti-

    cism is the issuance and trading of Islamic bills and

    bonds. The Interest-free Accepted Bill or Islamic

    Accepted Bill was rst introduced in 1991 with Is-

    lamic bond gaining its footing in 1992.

    The operations of Islamic Accepted Bill are similar

    to the bankers acceptance of conventional banks

    and are used to facilitate international and domestic

    trades. However, the introduction of Islamic bonds

    is to assist corporate bodies in tapping funds from

    the capital market (the detail operations of these

    transactions is beyond scope of this paper). Theprinciples of murabahah, bai bithaman ajil, bai al-

    dayn and dhawa taajjal are normally used in the

    issuance and trading of these documents. The us-

    age of bai al-dayn and discounting has drawn strong

    criticisms from scholars especially from the Middle

    East countries.

    Prior to the process of creation and transactions of

    these nancial securities, there are a few steps to

    be followed, namely, (1) the existence of owner-

    ship, (2) securitization, (3) issuance of securities,

    and (4) trading of securities. In the case of Islamicbills for example, this facility is provided only to

    those customers who can produce evidence that

    they are involved in either import (purchase) or ex-

    port (sale) transactions. Upon presentation of evi-

    dence such as trade documents, bills of exchange

    etc, Islamic bill (single or multiple) will be issued,

    drawn on bank/purchaser which payment will be af-

    fected to them on maturity. The accepting/drawing

    bank would receive commission for these services.

    In the case of bai al-dayn or debt trading, this prin-ciple is widely used not only in the trading of Islam-

    ic bills but also in Islamic bonds. The issuance of

    these bonds usually is based on trade transactions,

    which uses principles such as bai-bithaman ajil,

    murabaha, and ijarah between the issuers and the

    investors. The principle of bai-al-inah is used simul-

    taneously when a deal is negotiated and completed.

    Just like in conventional system, a certicate will be

    issued indicating the maturity date. The issuer will

    pay the amount to the holder of the certicate

    . The certicate known as shahdah al-dayn is con-

    sidered as al-mal or property to qualify as an ob-

    ject of sale. Therefore, the holder will have the

    right to resell at the secondary market using the

    bai-al-dayn principle. Malaysian scholars strongly

    believe that this principle is allowable in Islam and

    Islamic bonds can be sold to a third party in cash

    and at a lower price (see Ishak, 1997, and Rosly

    and Sanusi 1999 for further elaboration).

    In the case of dhawa taajjal or discounting, the

    legality of this principle is said to be based on the

    following traditions (hadith) (see Ishak, 1997, for

    further elaboration):

    Narrated by Ibn Abbas when Rasulullah s.a.w. di-

    rected Bani Nadir to evacuate from Madinah, they

    said: there are still debts due to us. Rasulullah

    s.a.w. then replied: give discount and asked for

    early payment.

    (Narrated by al-Baihaqi)

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    While Kaab was discussing with Abi Hadrad on howhe would pay his debt to Kaab in a mosque, they

    did not realise that they had raised their voice that

    caused Rasulullah s.a.w, who was in his house, to

    hear their discussion. Rasulullah then said: give

    discount on the debt. Kaab then replied: I have

    already given, then Rasulullah asked Abu Hadrad

    to pay the discounted debt.

    (Narrated by al-Bukhari)

    Dhawa taajjal is different from riba because it has

    an element of rafah or compassion and assistance

    or support. The consent to reduce the loan or debt

    comes from the lender or seller and it brings the

    element of rafah and takhf or lifting the burden

    or debt from the borrower or buyer. Similarly, the

    usage of this concept creates mutual goodwill for

    both parties and this is one of the pillars of Islamic

    muamalat.

    Usmani (1999), however, strongly believed that the

    principle of bai al-dayn is not permissible in Islam.

    He argued that debt corresponds to money and any

    exchange involved must be at the same value. He

    also reiterated that the Islamic Fiqh Academy of

    Jeddah has unanimously approved the prohibition

    of bai al-dayn. In Malaysia, the used of bai al-dayn

    was approved by the Syariah Advisory Council of

    Securities Commission on 21 August 1996.

    Another unsettled issue is the legality of the bai

    al-inah principle used by Islamic banks in Malaysia

    particularly in personal nancing. The bai al-inah orbetter known as sale and buy-back principle applies

    when the nancier sells an asset to the customer on

    a deferred payment and then the nancier immedi-

    ately repurchases the asset for cash at a discount.

    The Syariah Advisory Council of Securities Commis-

    sion on 29 January 1997 approved the usage of this

    principle. Similar to bai al-dayn, the principle of bai

    al-inah is deemed unlawful by scholars in the Middle

    East.

    In Bahrain, however, instead of bai al-inah, an al-

    ternative principle called tawarruq is used in whichinstead of reselling the asset to the seller for cash,

    the buyer will sale the good to the third party. The

    used of this principle have also been heavily critised

    and opposed by several scholars.

    Concluding Remarks

    This paper highlights the development of Islamic

    banking system in Malaysia. This system has trans-

    formed from a humble beginning in 1983, to a

    vibrant and dynamic system that is able to fulll

    the banking needs of both Muslim and non-Mus-

    lim customers. Interestingly, the Malaysian banking

    system has become a model for countries such as

    Indonesia, Brunei, Bangladesh and Pakistan. The

    well planned and a coordinated effort between the

    government and industry players is the most im-

    portant ingredient to the successful story of the Is-

    lamic banking system in Malaysia.

    The Malaysian government has always been com-

    mitted in developing the Islamic banking system as

    an alternative to the conventional system. The gov-

    ernments commitment is reected in enactment of

    the Islamic Banking Act and Government Invest-

    ment Act in 1983 when the rst full-edged Islamic

    bank was established. Since then, various more

    programs, incentives and guidelines have been im-

    plemented by the Central Bank in ensuring that the

    Islamic banking industry emerges as a viable and

    competitive component of the nancial system thatcontributes towards enhancing wealth creation and

    the countrys economic development.

    As pointed out by the Second Finance Minister of

    Malaysia, Tan Sri Nor Mohamed Yakcop, seeing that

    the Islamic banking system has entered its third

    wave, we can expect to see the development of

    more innovative products and services from non-

    banking Islamic nancial institutions such as waqaf,

    qard hassan instruments, inherit properties, micro

    credit and zakat. It is envisioned that such devel-

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    opments will further enhance Malaysias positionas the world leader in promoting Islamic banking

    system. Industry players alongside the government

    have also worked relentlessly in creating public

    awareness of and acceptance for the Islamic bank-

    ing products and services to public.

    Hence, with strong concerted effort from BNM and

    industry players, we can look forward with con-

    dence to a more efcient, progressive and compre-

    hensive Islamic banking industry in Malaysia. The

    formation of the Association of Islamic Banking In-stitutions Malaysia is also reective of the strong

    commitment by the Islamic nancial institutions.

    Recognizing that public awareness about Islamic

    banking is critical to the success and future devel-

    opment of this industry, the Associations foremost

    responsibility is to increase the level of consumer

    awareness on the unique characteristics of Islamic

    nancial products and the product choices offered

    by Islamic nancial service providers. It is hoped

    that increased awareness would drive the demand

    for a broader range of Islamic products and ser-

    vices. Over the last three years, the Association has

    successfully conducted various consumer educa-

    tion programmes such as seminars, exhibitions and

    public lectures in major cities throughout Malaysia.

    Other parties that have been actively involved in

    promoting public awareness are higher institutions.

    These institutions also play a vital role in develop-

    ing qualied and skilled human resources in the

    area of Islamic banking and nance. The availabil-ity of a trained and skilled workforce is essential

    for the rapid development of the Islamic banking

    industry. Currently, a few government universities

    have already started to offer Islamic banking and

    nance programmes at both the undergraduate and

    post-graduate levels.

    For example, Universiti Utara Malaysia and Uni-

    versiti Malaysia Sabah have already offered a spe-

    cialized degree in Islamic banking and nance.

    Nonetheless, most universities prefer to offer this

    subject as an area of concentration or just a singlecourse to their students. Since Islamic banking and

    nance is a new subject to the higher institutions,

    collaboration between industry and the universities

    is essential to ensure that the required pool of com-

    petent and skilled human capital in this industry is

    produced. Experts from the industry should also be

    invited to conduct seminars and gives lectures to

    students and students should be exposed to the in-

    dustry via attachment program during holidays.

    Finally, today, more and more Malaysians are seento perceive Islamic bank as just an ordinary nan-

    cial institution except that its operations are based

    on religious principles. This perception shift is owed

    much to the thinness in demarcation between the

    nature of product and the price of the product as

    well as the documentations of the products offered

    by Islamic and conventional banks. Therefore, Is-

    lamic bank will face greater challenges in order to

    remain a viable nancial institution in Malaysia.

    Beside the issues that are highlighted earlier, other

    new challenges faced by Islamic bank are merger

    and acquisition, legal framework, regulatory and

    supervision, risk management, product develop-

    ment, accounting framework, comparable statisti-

    cal information among Islamic banks. To overcome

    these challenges is not a walk in the park. How-

    ever, I believe that strong cooperation between po-

    litical and corporate leaders in Muslim countries will

    be able to remove all hurdles and barriers that may

    impede the further development of Islamic bankingacross the globe.

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