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  • 7/27/2019 IFP June 2013

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    Islamic FinancePakistanIslamic Finance IndustryNewsletter

    Volume 4, Issue 5, June 2013

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    EditorialIslamic banking on early basis had started its operations 1,400 hundred

    years ago, where the basic mode of trading was in gold and silver.

    However, as the time passes by, Islamic Banking has seen ups and downs

    over the years but due to the current economic turmoil things have been

    turning well around back to its origin. In comparison, interest based

    banking system has not shown much prospective growth in order to meet

    the current market demands, which has given birth to the on-going

    financial crisis all around the world.

    Many senior financial analysts consider Riba (interest) as the main root

    cause of this crisis. The only option we have left lies in the hands of Islamic

    financial structure which prohibits interest based transaction and rather

    emphasizes on the real modes of transactions having an asset backing.

    Many reforms and significant steps are being taken by the regulators for

    the promotion and nourishment of Islamic financial system. Keeping in

    view the latest market developments many organizations encompassing

    particularly the financial sector, specifically in the Middle East have taken

    step ahead in implementing the Islamic financial system which in return

    has resulted in formation of pressure groups on governments to convert

    their economic systems according to the teachings of Islam. Regulators are

    expected to effectively play their role. We have seen from the recent trend

    that a large number of people were getting trained in Islamic finance

    through different workshops, trainings and seminars.

    Moreover many reputable and world known universities such as Oxford,

    Cambridge, Harvard, Columbia etc are conducting courses and degree

    programs on Islamic Banking and Finance. From this what we can assume

    that there will be more demand in the near future for Islamic finance

    professionals as well as training programs.

    Happy Reading!

    Advisory Board

    Mufti Irshad Ahmed Aijaz

    Mufti Najeeb Khan

    Anwar Ahmed Meenai

    Mohammad Aslam

    Mujeeb Baig

    Faizan Memon

    Syed Abdul Rafay Ather

    Associate Editors

    Shakil Khan

    Muhammad Shahzad Hussain

    Arshad Hussain Zubairi

    Rima Farooq

    Editor-in-Chief

    Nusrat Ullah Khan

    Ayat of Month:

    Say (O Prophet to the infidels), Come, andI shall recite what your Lord has prohibited

    for you: Do not associate anything with

    Him (as His partner); and be good to

    parents, and do not kill your children

    because of poverty We will give

    provision to you, and to them as well

    and do not go near shameful acts, whether

    they are open or secret; and do not kill a

    person whom Allah has given sanctity,

    except rightfully. This He has enjoined

    upon you, so that you may understand.

    [Al-Anaam: 151]

    Hadith of Month:"The reward of deeds depends upon the

    intentions and every person will get the

    reward according to what he has intended.

    So whoever emigrated for worldly benefits

    or for a woman to marry, his emigration

    was for what he emigrated for."

    [Sahih al-Bukhari 1: Book 1, Hadith 1]

    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs)In 2008, State Bank of Pakistan (SBP) had issued detailed set of instructions and guidelines for Shariah compliance vide

    IBD Circular No. 2 of 2008. however, keeping in view the developments taken place in the Islamic banking industry over

    the recent years, some of the instructions and guidelines have been revisited and a comprehensive Shariah Governance

    Framework (the framework) has been developed. The primary objective of the framework is to strengthen the overall

    Shariah compliance environment in the IBIs and explicitly define the roles and responsibilities of various organs of IBIs

    including the Board of Directors, executive management, Shariah Committees, Shariah compliance department and

    internal and external auditors towards Shariah compliance. Given below is a summary of the changes in the draft

    Shariah governance framework for IBIs.

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    1. (i) The Board of Directors shall

    ultimately be responsible and

    accountable for ensuring full

    conformity of IBIs operations with

    Shariah principles. Like other risks

    faced by an IBI, the Board needs

    to be fully cognizant of Shariah

    non-compliance risk and itspotential implications on the

    reputation and business of the IBI.

    (Role of Board of Directors)

    No specific requirements The responsibility for the conduct of the

    overall affairs of the IFI in accordance with

    Shariah rests with the BOD. The SSB should

    report on compliance based on its review.

    (AAOIFI Governance Standard 6, 5/1/3,

    para 36)

    As Shariah compliance is central in assuring

    the integrity and credibility of IIFS, and is

    one of the ultimate responsibilities of the

    BOD, the Board needs to establish a

    mechanism that can be mobilized swiftly

    and efficiently, as and when required, to

    obtain rulings from Shariah scholars and

    monitor Shariah compliance.

    (IFSB 3, point 47)

    1. (ii) The Board should also be fully

    aware of their fiduciaryresponsibility particularly towards

    the savings depositors (Profit

    Sharing Investment Accounts

    PSIAs) who accept the risks that

    are almost similar to those of the

    shareholders but without having

    any voting right and forums like

    AGMs to express their concerns

    on IBIs performance. The PSIAs

    expect IBIs to not only exerciseprudence in deployment of their

    No specific requirements. IIFS shall always be aware that with their

    fiduciary responsibility to the IAH comesaccountability. They shall be prepared to

    be accountable to the IAH in ensuring that

    the investment accounts continue to be

    managed within the parameters of the

    given mandate. Before opening an

    investment account with an IIFS, IAH shall

    be adequately advised by the IIFS of their

    contractual rights and risks in regard to

    investment account products, including

    primary investment and asset allocationstrategies and the method of calculating

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    Funds in different avenues but

    also ensure Shariah conformity of

    the returns to be earned and paid

    to them. The Board is thus

    expected to introduce necessary

    mechanisms and risk management

    systems to safeguard the interest

    of the PSIAs as also to ensure

    Shariah conformity of the returns

    etc being paid to them.

    (Role of Board of Directors)

    the profit/loss made from their

    investments.

    (IFSB-3, point 26)

    1. (v) The Board shall meet the SC at

    least on quarterly basis to a have a

    detailed briefing on the Shariahcompliance environment, the

    issues / weaknesses, if any, and

    recommendations to improve

    Shariah compliance environment

    and b) ensure timely and effective

    enforcement of the SC

    observations/ recommendations.

    (Role of Board of Directors)

    In order to provide the

    opportunity to the Shariah

    Advisor to present thereport to the BOD and

    apprise the BOD about his

    assessment on the overall

    Shariah compliance levels

    and environment in the

    institution, the IBIs are

    advised to invite their

    respective Shariah advisor

    for discussion on the

    Shariah compliance reportin the BOD meetings in

    which annual audited

    accounts and Shariah

    advisors report are

    discussed and approved.

    (Circular reference no. 1 of

    2010).

    The Shariah board should also plan and

    arrange to meet with the BOD of the IIFS at

    least twice a year (every six months) todiscuss issues of common interest.

    (IFSB-10, Appendix 2, point 5)

    2. (v) The management is also expected

    to take initiatives on regular basis

    No specific requirements. Exchange of knowledge and expertise

    between members of the Shariah Board

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    for orienting and sensitizing the

    Board and the key executives

    about the business utility and

    importance of an enabling Shariah

    compliance environment and the

    key distinguishing features ofIslamic finance products.

    (Role of Executive management)

    and internal Shariah officers with the BOD,

    senior management, and other staff on the

    operational side of the IIFS would lead to

    more effective communications across the

    organization. Hence, members of the

    Shariah board and internal Shariah officersshould be encouraged, from time to time,

    to conduct training for the other organs of

    governance to further develop the

    compliance capabilities of the IIFS.

    (IFSB-10, point 35)

    The companies shall make appropriate

    arrangements to carry out orientation

    courses for their directors to acquaint

    them with the code, applicable laws, their

    duties and responsibilities to enable them

    to effectively manage the affairs of the

    companies for and on behalf of the

    shareholders. It shall be mandatory for all

    the directors to have certification under

    any directors training program offered by

    institutions.

    (CCG 2012)

    3. (i) Every IBI shall have a Shariah

    Committee comprising at least

    three Shariah Scholars appointed

    as per the FPT criteria notified by

    SBP.

    (Shariah Committee)

    Every Islamic Banking

    Institution (IBI) shall be

    required to appoint a

    Shariah Advisor.

    (SBP-IBD Circular No.2 of

    2008, Annexure 1, A)

    FS should consider its size and, with a view

    to determining the impact of the number

    of members upon effective decision

    making, decide what size Shariah board is

    most appropriate. IIFS should further tale

    in to account the scope and nature of their

    operations. As far as possible, an IIFS

    should aim for a Shariah board with a

    mixture of experience and competencies.

    (IFSB-10, Para 14)

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    Every Islamic Financial Institution shall

    have a Shariah Supervisory Board to be

    appointed by the shareholders in their

    AGM upon the recommendation of the

    BOD.

    (AAOIFI Governance Standard for IFI No.1,

    Para 3)

    3. (ii) IBIs in addition to the three

    Shariah scholar members, may

    also engage professionals like

    lawyers, accountants, economists

    to assist and advise the SC on

    legal, financial and economic

    matters. Such members however,

    shall not have any voting rights in

    deciding the Shariah related

    matters.

    (Shariah Committee)

    No specific requirements. The Shariah supervisory board shall consist

    of at least three members. The Shariah

    supervisory board may seek the services of

    consultants who have expertise in

    business, economics, law, accounting and /

    or others.

    (AAOIFI Governance Standard 1, point 7)

    3.

    (iv)

    The SC members shall be

    appointed for a renewable term of

    three years and shall have a

    maximum of two terms starting

    from the date of assumption of

    charge as SC member and / or

    Chairperson. The Shariah Scholars

    working in IBIs as Shariah Advisors

    at the time of issuance /

    effectiveness of this framework

    may be reappointed as SC

    member or Chairperson as the

    case may be and their term would

    start from the date of

    reappointment.

    (Shariah Committee)

    Shariah Advisor shall be

    appointed for a renewable

    term of three years.

    (SBP-IBD Circular No. 2 of

    2008, Annexure 1, A, pointv)

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    3. (v) The SBP shall be informed about

    the reappointment of the SC

    members / Chairperson for the

    second term at least three months

    prior to the expiry of their term. In

    case of any adverse feedbackabout the SC member /

    Chairperson based on SBP

    inspection reports and / or market

    information, SBP may advise the

    IBI to reconsider this decision.

    (Shariah Committee)

    No specific requirements.

    3.

    (vi)

    Similarly the IBIs not offering the

    second term to the SC members

    shall inform the SBP about its

    decision along with the rationale

    at least 3 months before the

    expiry of the term. The SBP may

    revert back to IBI, in case it has

    some observations on the

    rationale.

    (Shariah Committee)

    No specific requirements.

    3.

    (vii)

    Removal or termination of any SC

    member before expiry of his / her

    term shall be subject to prior

    approval of SBP. For the purpose

    the IBI shall submit the detailed

    rationale along with the

    documentary evidence, if any, in

    support of its proposal for

    removal of the SC members to SBP

    for approval.

    (Shariah Committee)

    Termination of Shariah

    Advisor or his removal

    before the expiry of his

    term shall be with the

    approval of authority which

    has approved his

    appointment i.e. BoD in

    case of local IBIs and

    Management in case of

    foreign IBIs.

    The dismissal of a member of the Shariah

    supervisory board shall require a

    recommendation by the BOD and be

    subject to the approval of the shareholders

    in a general meeting.

    (AAOIFI Governance Standard 1, point 8)

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    (SBP-IBD Circular No.2 of

    2008, Annexure 1, A, point

    vi)

    IBIs shall be required to

    notify SBP of any

    resignation or termination

    of the Shariah Advisor

    within 14 days of the date

    of resignation or

    termination. IBI shall also

    state the reasons of such

    termination and alternate

    arrangements for interim

    period.

    (SBP-IBD Circular No.2 of

    2008, Annexure 1, A, point

    vii)

    3. A.

    (v)

    All the reports of internal Shariah

    audit and Shariah compliance

    reviews shall be presented to the

    SC for prescribing appropriate

    enforcement action. SC shall take

    up the unresolved issues with the

    management and if warranted

    shall include the outstandingissues in their annual Shariah

    report. Moreover, SC / head of

    Shariah department shall discuss

    all the significant and unresolved

    issues with SBP inspection team

    during on-site inspection.

    (Role of Shariah Committee)

    The report of the Internal

    Shariah Audit shall be

    placed before the SA for

    advising the appropriate

    corrective action and then

    before the Audit Committee

    of the IBI for consideration

    and appropriate remedialaction as advised by the SA.

    (SBP-IBD Circular No.2 of

    2008, Annexure 2, II.

    Internal Shariah Audit,

    point D)

    Where appropriate, the internal Shariah

    review / audit reports shall require or

    recommend the management of the IIFS to

    address and rectify any issues of Shariah

    compliance.

    (IFSB-10, point 3 (C))

    The head of the Internal Shariah reviewshall discuss conclusions and

    recommendations with appropriate level of

    management before issuing final written

    report. On completion of the internal

    Shariah review, at least a quarterly written

    report shall be prepared which must be

    signed by the head of internal Shariah

    review, addressed to the BoD and copied

    to the Shariah Supervisory Board and

    management.

    (AAOIFI Governance Standard 3, point 20)

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    3. B.

    (i)

    One of the members of SC shall be

    appointed as chairperson and in

    his absence the other members of

    SC shall elect alternate chairman

    to preside over the meeting.

    (Terms of Reference Shariah

    Committee)

    No specific requirements. The Shariah Supervisory board shall

    appoint from among its members or any

    other person a supervisor(s) to help it in

    performing its duties.

    (AAOIFI Governance Standard 1, point 6)

    One of the members of the Shariah board

    shall be elected as its Chairman. The

    Chairmanship should preferably be on a

    rotation basis, such as whenever there is a

    reappointment of the Shariah board.

    (IFSB-10, Appendix2, point 3)

    3. B.

    (ii)

    The quorum of SC meeting shall

    be at least two Shariah scholar

    members. For the approval of any

    proposal, concurrence of majority

    of Shariah scholars shall be

    necessary.

    (Terms of Reference Shariah

    Committee)

    No specific requirements. The Shariah board should determine a

    quorum for its meeting as appropriate,

    based on the total number of members

    sitting on its panel. For example, a Shariah

    board comprising five members may set its

    quorum as three.

    (IFSB-10, Appendix2, point 6)

    3. B.

    (iv)

    Shariah Committee shall meet at

    least on monthly basis. Each

    member of SC shall attend at least

    two third (2/3rd) of the meetings

    during a calendar year.

    (Terms of Reference Shariah

    Committee)

    No specific requirements. The Shariah board shall meet regularly to

    carry out periodic reviews to monitor

    Shariah compliance of the operations of

    the IIFS generally.

    However, as and when necessary, the

    Shariah board can hold a meeting if the IIFS

    urgently requires its advice and opinion on

    Shariah-related matters.

    (IFSB-10, Appendix2, point 5)

    3. C.

    (i)

    As the SC members have Shariah

    advisory / supervisory role in IBI, it

    is preferable that they should not

    be the employees of the IBI.

    No specific requirements. Shariah supervisory board members should

    not be employee of the same IFI.

    (AAOIFI Governance Standard 5, para 7)

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    (Independence of Shariah

    Committee)

    A member of the Shariah board being

    under full-time employment by the IIFS or

    any of its related companies for the current

    or during the last financial year.

    (IFSB-10, Point 42 (i))

    3. C.

    (iv)

    SBP prudential regulation G-2 shall

    also be applicable on the

    members of SC.

    (Independence of Shariah

    Committee)

    No specific requirements.

    3. D.

    Anne

    xure

    A

    The SC shall, based on the work of

    internal / external Shariah audit

    and Shariah compliance review,

    prepare a report on IBIs Shariah

    compliance environment and

    conditions as per the format given

    in Annexure A of this document.

    The report shall be signed by all

    the member of SC. The report

    shall be discussed in the Board

    meeting and published in the IBIs

    annual report.

    (Report of Shariah Committee)

    Based on review conducted

    in terms of aforementioned

    para B(2), the Shariah

    Advisor shall prepare a

    report, which shall be

    published in the IBIs annual

    report.

    (SBP-IBD Circular No.2 of

    2008, Annexure 1, C)

    4. Every IBI shall have a Shariah

    compliance department (Shariah

    Department) headed by a suitable

    person meeting the FPT criteria of

    SBP for key executives and

    recommended by the Shariah

    committee of the IBI.

    (Shariah Compliance

    Department)

    A system of compliance

    having special emphasis on

    Shariah aspects with

    relevant provisions of

    existing laws, rules,

    regulations, policies and

    procedures related to

    Islamic Banking need to be

    embedded in the IBIs

    processes in such a manner

    that monitoring and

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    reviewing of issues related

    to Shariah compliance

    forms part of internal

    control structure.

    (SBP-IBD Circular No.2 of

    2008, Annexure 2, I)

    4.

    (vii)

    The department shall prepare a

    comprehensive procedure manual

    including checklists and SOP to

    assist its staff in discharging their

    duties.

    The department shall ensure that

    IBIs website displays all the

    fatawa (including modifications

    thereof) issued by SC, briefintroduction of SC members,

    disclosures required by IBD of SBP,

    key features of all the products

    offered, FAQs and the contact

    details of the department.

    The department shall liaison with

    Islamic Banking Department of

    SBP on Shariah compliance related

    issues.

    (Shariah Compliance

    Department)

    No specific requirements. It is recommended that the Islamic

    Financial Institution publishes the fatawa,

    rulings and guidelines issued by its Shariah

    supervisory board during the year.

    (AAOIFI Governance Standard 1, point 26)

    5.

    (iii)

    The charter and audit manual

    (including Shariah audit rating

    methodology and checklists /

    work programs) of the ISAU shall

    be reviewed by the SC and

    approved by the Board. However,

    the charter and audit manual ofISAU may be a distinct part of IBIs

    No specific requirements. The internal Shariah review is an integral

    part of the organs of governance of the IFI

    and operates under the policies

    established by the IFI. It shall have a

    statement of purpose, authority and

    responsibility (charter). The charter shall

    be prepared by management and shall beconsistent with Islamic Shariah rules and

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    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    overall internal audit manual.

    (Internal Shariah Audit)

    principals. The charter shall be approved

    by the SSB of the IFI and issued by the

    BOD. The charter shall be regularly

    reviewed.

    (AAOIFI Governance Standard No.3, point

    3 internal Shariah review)

    5.

    (iv)

    ISAU shall prepare a separate

    Shariah audit plan which, after

    review by the SC, shall be

    approved by the Board Audit

    Committee. However, this plan

    may be presented to BAC along

    with IBIs overall audit plan.

    (Internal Shariah Audit)

    No specific requirements.

    5. (v) Similarly, ISAU shall prepare

    Shariah audit report of each

    audited branch / function

    separately. The format of the

    reports shall be developed by

    ISAU in consultation with the

    Shariah Committee.

    (Internal Shariah Audit)

    No specific requirements. The internal Shariah reviewers shall plan

    each internal Shariah review assignment.

    Planning documentation shall include, but

    not limited to, obtaining background

    information about the activities to be

    reviewed, such as locations, products /

    services, branches, divisions, etc.

    (AAOIFI Governance Standard No.3, point18)

    6. In order to have an independent

    assessment of Shariah compliance

    environment and end to end

    control mechanism to ensure

    Shariah conformity of IBIs

    operation, the IBIs shall get their

    Shariah governance and

    compliance framework audited byexternal audit firms having

    Draft guidelines were issued

    but never finalized. It was

    included in last strategic

    plan as well.

    For external Shariah compliance reviews,

    the Audit committee shall ensure as far as

    possible that the external auditors are

    capable of conducting, and do conduct, ex

    post Shariah compliance reviews within

    their terms of reference.

    (IFSB-3, Para 51)

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    13

    IFP is an initiative of IFP Forum and Hidaya Islamic Business Support Services Pvt. Limited (IBSS)

    News StoryDraft Shariah Governance Framework for Islamic

    Banking Institutions (IBIs) Continued

    Ref. SBP draft Shariah governance

    framework

    Earlier/ previous

    requirements by SBP

    Rationale for new requirements (AAOIFI,

    IFSB)

    capacity to conduct the Shariah

    audit of IBIs.

    (External Shariah Audit)

    The head of the internal Shariah review

    shall ensure that the internal and external

    Shariah review efforts are properly

    coordinated to ensure adequate Shariah

    review coverage and to avoid duplicate

    efforts.

    (AAOIFI Governance Standard for IFI No.3,

    Point 24)

    8. (ii) Further, the members of the

    Shariah Committee shall be

    exposed to the training sessions

    related to legal and regulatory

    framework and commercial

    banking.

    (Competence of the organs)

    No specific requirements. The level of knowledge expected from a

    member serving on a Shariah board may

    vary according to the level of responsibility

    and the type of regulated activity to be

    carried out by the IIFS. However, a member

    of the Shariah board is generally expected

    to be able to display an understanding of:

    (i) the Shariah rules and principles that

    apply to the IIFSs proposed activities;

    (ii) the general legal and regulatory

    framework that may apply to the functions

    that it would perform; and

    (iii) the broad impact of introducing

    financial products to the market and the

    public generally based on the Maqasid al-

    Shariah.

    (IFSB-10, Appendix-4, point 2)

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    Libya Bank lending paralyzed

    amid interest ban

    Zeti gives advice on Islamic

    financial innovations

    Innovations in Islamic financial

    solutions will need to take into

    account the higher regulatory

    e x p e c t a t i o n s f o r m o r e

    transparency, as well as the

    effective management of risks and

    capital, said Bank Negara Governor

    Tan Sri Dr Zeti Akhtar Aziz.

    She also noted that while Islamic

    finance had benefited from a welldeveloped, more competitive and

    well-regulated eco-system, it

    needed to build on and reinforce

    the solid foundations that have

    been achieved in this decade.

    Noor Islamic Bank launches Noor

    Trade Initiative to service SME

    sector

    Noor Islamic Bank is targeting AED

    5 billion of lending to small and

    medium enterprises (SMEs) over

    the next five years with the launch

    of Noor Trade, a Shariah compliant

    banking service specifically tailored

    to SMEs, which contribute

    significantly to the UAEs trade

    flows.

    In support of its Noor Tradestrategy, Noor has opened its first

    dedicated trade branch in Almas

    Tower, home of the Dubai Multi

    Commodities Centre (DMCC), in

    Jumeirah Lake Towers (JLT).

    CBB Sukuk Al-Ijarah

    oversubscribed

    The Central Bank of Bahrain (CBB)announces that the monthly issue

    of Sukuk Al-Ijarah, has been

    subscribed by 220%. Subscriptions

    worth BD 43.9 million were

    received for the BD 20 million issue,

    which carries a maturity of 182

    days.

    The expected return on the issue,

    which begins on 16 May 2013 and

    matures on 14 November 2013, is

    0.85% equivalent to 0.85% for theprevious issue on 18th April 2013.

    Thomson Reuters launches

    Islamic finance indicator

    Thomson Reuters launched anIslamic Finance Development

    Indicator in collaboration with the

    Islamic Corporation for the

    Development of the Private Sector

    (ICD), the private sector

    development arm of the Islamic

    Development Bank (IDB).

    The indicator is a numerical

    measure representing the overall

    health and growth of the Islamic

    finance industry worldwide.

    Turkey seeks to benefit from

    Islamic banking sector

    With the international economiccrisis continuing to bite, the Turkish

    government has announced it will

    be seeking to tap into the USD 1

    trillion Islamic financial industry.

    Although Turkey is a secular state,

    it is overwhelmingly Muslim. Under

    the decade-long rule of the

    country's Islamist rooted AK Party,

    Muslim-compliant businesses have

    flourished.

    Disclaimer:The news included here is on the basis of information obtained from local and international print and

    electronic media sources. IFP and Hidaya IBSS team does not accept any responsibility about their bona-fide.

    Euphoria over a law passed this

    year that would make Libya the

    third Middle Eastern country after

    Iran and Sudan to ban non-Shariah

    compliant banking by 2015 has

    turned into frustration and

    confusion. Parliament and the

    Central Bank have distanced

    themselves from the decision of

    commercial lenders to stop offering

    loans immediately.

    The law didnt stipulate when the

    transition would start, according to

    Omar Hamaidan, a spokesman for

    the legislature.

    Global News

    Positive outlook for Islamic securities

    In spite of the recent credit crunch and the volatility of global market, prospects for growth in Islamic securities

    markets are likely to be positive. This positive trend can be attributed to the rapid expansion and increasing

    sophistication of the GCC financial markets, as well as the geographical spread of Islamic securities, products and

    services which recorded outstanding growth in Europe, Asia Pacific, North Africa as well as Central Asian countries,

    according to Central Bank of Bahrain (CBB).

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    Muslim immigration fueling

    Islamic Banking in Canada

    Singapore to host 4th World

    Islamic Banking Conference

    Boosting International Linkages and

    Cross-Border Opportunities, WIBC

    Asia 2013, hosted with the official

    support of the Monetary Authority

    of Singapore, will set the stage for

    high-level discussions focusing on

    strengthening international

    connectivity and capturing cross-

    border opportunities that will drive

    further growth in the Islamic

    finance industry in Asia.

    The summit seeks to bolster

    stronger economic linkages with

    other key centers for Islamic

    finance.

    Islamic banking not confined to

    Muslim communities: IDB chief

    The global credit squeeze and

    recession have made many

    countries turn to the Islamic

    Development Bank more than ever

    to seek help in their development

    projects.

    Islamic banking is a fast-growing

    global industry. This is due to the

    integration with the real activity. It

    is to be noted that Islamic bankingis not confined to Muslim

    communities. Many social sectors

    participate in it", the president said

    in an interview.

    Policy delays push Up Indonesia

    yield to record

    Indonesias 10-year borrowing costsfor dollar Sukuk rose to a record as

    the government depends more on

    global markets to help fund a

    budget deficit worsened by delays

    in cutting fuel subsidies.

    The yield on the 3.3 percent notes

    due November 2022 climbed 37

    basis points in May to 3.68 percent,

    the highest level since the debt was

    sold in November last year,

    according to data compiled byBloomberg.

    9th World Islamic Funds and

    Financial Markets Conference

    (WIFFMC 2013) opens

    The 9th Annual World Islamic Fundsand Financial Markets Conference

    (WIFFMC 2013) witnessed a high-

    profile opening on 25th May at the

    Gulf Hotel in the Kingdom of

    Bahrain. Confirming its position as

    the worlds largest and most

    influential annual gathering of

    Islamic investment leaders, WIFFMC

    2013 convened the leading players,

    industry thought leaders and key

    regulators in the international

    Islamic funds and investmentsindustry for discussions .

    Al Baraka unveils Islamic finance

    product

    Al Baraka Islamic Bank has launcheda new financing product in the local

    market to fund the services under

    the umbrella of Taqseet finance.

    This is in addition to other facilities

    provided by the product Taqseet to

    finance purchasing of cars, boats,

    other goods and real estate.

    The new product is based on the

    Shariah principle of Ijarah to

    finance various services where the

    bank will lease the client aparticular service.

    Disclaimer:The news included here is on the basis of information obtained from local and international print and

    electronic media sources. IFP and Hidaya IBSS team does not accept any responsibility about their bona-fide.

    Amid the headlines in recent weeks

    of a group of Muslim extremists

    plotting a terrorist attack in

    Canada, a look at some of the

    mundane ways in which Canadas

    growing Muslim communities are

    having an impact can be a

    refreshing reminder that the bad

    apples are few and far between,

    and that the majority of Muslim-

    Canadians are ordinary individualswho strive to lead productive lives

    and contribute positively to their

    country.

    Global News

    National Bank of Bahrain and SIO Asset Management complete purchase of Bahrain Islamic Bank shares

    National Bank of Bahrain (NBB) and SIO Asset Management Company (SIOAM) have announced that they have

    completed the purchase of The Investment Dar KSC's (TID) and associated companies shareholding of 51.6 percent

    in Bahrain Islamic Bank. The shares were purchased by NBB and SIOAM at 72 fils per share; after obtaining the

    required regulatory approvals for the transaction and for the final documentation between the various parties, said

    a press release.

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    The Bank of Khyber opens its

    31st Islamic banking branch in

    Swat

    The Provincial Minister for Finance,

    Engr. Hamayun Khan inaugurated

    the 31st Islamic banking branch of

    the Bank of Khyber at the Bank

    Square, Mingora, Swat thus

    reaching a total of 63 branches

    across the province.

    Besides several officials, Mustafa

    Kamal, Managing Director BoK, DCO

    Swat, Commissioner and IDG,Malakand Division also honored the

    occasion with their presence.

    After the inauguration, The

    Provincial Minister also visited the

    new branch and put his signature

    on the accounts papers.

    MCB FSL appointed as trustee for

    upcoming ABL Islamic Stock Fund

    agreement signed

    In a ceremony held at the head

    office of ABL Asset Management

    Company Ltd, a Trust Deed was

    signed between ABL Asset

    Management Company Limited

    (ABL AMC) and MCB Financial

    Service (MCB FSL), whereby ABL

    AMC appointed MCB FSL as trustee

    for their upcoming ABL Islamic

    Stock Fund.

    Farid A. Khan, CEO ABL AMC, and

    Khawaja Anwar Hussain, CEO MCB

    FSL, signed the agreement.

    Dr. Muhammad Imran Ashraf

    Usmani, renowned Shariah scholar

    and Shariah Advisor of Meezan

    Bank addressed Meezan Banks

    employees and senior faculty

    members of University of Central

    Punjab (UCP) at UCP Auditorium,

    Lahore on 5th May.

    Dr. Imran Usmani is a highly

    respected figure in the Islamicbanking circles and has served as

    Advisor / member of Shariah Boards

    of numerous leading local and

    international institutions.

    Eligibility of GoP Ijarah Sukuk in

    Musharaka Pool

    State Bank of Pakistan (SBP) has

    notified that now un-encumbered

    Government of Pakistan (GoP) Ijarah

    Sukuk may be included in the

    Musharaka Pool (MP), created under

    Islamic Export Refinance Scheme

    (IERS).

    SBP communiqu said that all IBIs

    shall report Sukuk in MP under the

    sector heading of GoP Ijarah Sukuk

    while reporting Revised Appendix 1

    and the same should be verified /certified as over and above the SLR

    eligible limit by the IBIs Internal Audit

    Head / Compliance Head.

    IBIs shall maintain record of Sukuk

    issue included and the amount of that

    issue will be incorporated in the MP.

    The banks are advised to refer to

    SBPs Islamic Export Refinance

    Scheme and other instructions issued

    from time to time. Other instructionson the subject remain unchanged, the

    circular said.

    Local News

    Dr. Imran Usmani addresses

    Meezan Banks Lahore staff at

    University of Central Punjab

    Disclaimer:The news included here is on the basis of information obtained from local and international print and electronic

    media sources. IFP and Hidaya IBSS team does not accept any responsibility about their bona-fide.

    The Board of Directors of Meezan

    Bank approved the financial

    statements of the Bank for the

    quarter ended March 31, 2013 in

    its meeting held at Dubai on April

    30, 2013. H. E. Sheikh Ebrahim Bin

    Khalifa Al-Khalifa, Chairman of the

    Board presided the meeting that

    was also attended by Mr.

    Abdullateef A. Al-Asfour, (Vice

    Chairman) and other Directors.

    Meezan Bank recorded 9 percent

    growth in its Profit-after-tax which

    increased to Rs. 982 million

    compared to Rs. 903 million

    earned in the corresponding

    period of 2012.

    Meezan Bank records good

    growth in first quarter 2013

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    Bookin the Spotlight

    The basic theme of this book is to analyze the Islamic business structure and the way the finance is being managed in

    Islamic way. Through a comprehensive note we can simply analyze that Islamic finance is an emerging market not only

    in banking industry but in the whole financial industry.

    The book also comprises on the Islamic financial governance system which are being elaborated by the Islamic Fiqh

    Council and AAOIFI. Moreover, it has further elaborated that how Islamic Financial Institutions abide by the laws of

    Islamic Finance Shariah Board (IFSB).

    Since Islamic finance has its own rules, regulations and procedures to construct business model this book explains in

    detail how this model works which also further helps in deducing the profits and losses in the business. Many known

    universities and business schools have so far reached on a conclusion that Islamic financial system has a different and

    a dynamic mode of financing and earning profits. The book mainly analyzes the following:

    Interest based debt financing system;

    Good corporate governance report in Indonesia;

    Impact of Islamic work ethics and job satisfaction on job involvement and turnover intentions; andA critique on the paper on Quran and Hadith.

    The book has basically different parts where different editorials, Archives and book review are being stated which are

    written by famous scholars and writers based on the Islamic finance principles.

    Editorial:

    Regime Uncertainty Abbas Mirakhor and Mughees Shaukat

    A Critique of Islamic Finance Dodik Siswantoro

    Impact of Islamic work ethics Khurram Khan and Muhammad

    Abbas

    Quran, Hadith and Riba Connotation Dr. Muhammad Omar

    Farooq

    Archive:

    Riba , Interest and Hadith Mohammad Omar Farooq

    A Comprehensive Glossary of Shariah related terms in Islamic

    Commercial Law Muhammad Ayub

    Journal of Islamic Business and Management

    Riphah Centre of Islamic BusinessPublished by Riphah International University, Islamabad

    Volume: 02

    Issue: 02

    December 2012

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    Ask Us

    Question

    Is there any Shariah implication in Ijarah contract if lessor asks lessee of providing guarantee or security for covering any

    loss related to Ijarah transaction?

    Answer

    The lessor bears the risk associated with the leased property and the lessee holds it on a trust basis. Hence, it is not

    permissible for the lessor to stipulate in the lease contract that the lessee provide a guarantee or pledge of security,

    etc., so that he may use it to recover the amount of the lease rental if the leased property is damaged, unless such a

    stipulation is restricted to cases of misconduct, negligence or breach of contract. Therefore, the lessor is liable for the

    consequences of any damage to the leased property that is not caused by the misconduct or negligence of the lessee,

    and is responsible for any related insurance expenses. The lessor also bears the expense of any major maintenance work

    required to keep the leased property in the condition necessary to provide the contractual benefits under the lease.

    Question

    Is it permissible in Shariah to stipulate a defined maximum time limit for an agency? What are Shariah instructions in

    this regard?

    Answer

    Basically, agency has no time limit beyond which the contract becomes no longer valid, because the agent can be

    terminated at any time. The two parties, however, may agree on a certain period after which the agency becomes

    invalid without a request from any of them to revoke the contract. The effect of specification of a time limit for agency is

    confined to restrain the agent from commencing new operations subsequently. Unless the contract stipulates

    otherwise, the agent may commence new operations during the contract period even if the effects of such operations

    will succeed the period of the contract.

    Questions / Answers

    Feed Back Corner

    Please provide us with your feedback on the following

    email addresses

    [email protected]

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    News Story:

    Rima Farooq

    Ask Us:

    Mufti Ibrahim Essa andMufti Javed Ahmed

    Book in the Spotlight:

    Journal of Islamic Business

    and Management

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