Demystification of Islamic Banking Warren Edwardes 1 of 27 Demystification of Islamic Banking Warren Edwardes CEO, Delphi Risk Management Ltd. Asia Business.

Demystification of Islamic Banking Warren Edwardes

1 of 27

Demystification of Islamic Banking

Warren Edwardes

CEO, Delphi Risk Management Ltd.Asia Business Forum / Institute of Islamic

Banking and Insurance, Kuala Lumpur Nikko Hotel

10th April 2001


2 of 27

Key financial instruments

Extract from Appendix 4 of Key financial instruments

text on: dc3.co.uk/islamicbanking.htm


3 of 27

Quotes

Happy the man who far from schemes of business, like the early generations of mankind, ploughs and ploughs again his ancestral land with oxen of his own breeding, with no yoke of usury on his neck.

Roman philosopher, HoraceJulius Caesar limited interest to 8 1/3 %


4 of 27

Quotes

Neither a borrower nor a lender be; for loan oft loses both itself and friend and borrowing dulls the edge of husbandry.

Shakespeare’s «Hamlet», a Danish father advising his son

UK usury laws on excessive interest abolished in 1854

South Africa and US (except Virginia and Delaware) have usury laws

US Federal law allows penalty rates / insurance premiums


5 of 27

Quotes

Those who devour usury will not stand except as stands one whom the Evil one by his touch hath driven to madness. That is because they say: "Trade is like usury but Allah hath permitted trade and forbidden usury.”

The Koran: Surah 2, Verse 275


6 of 27

Latin Jargon used by lawyers

• in haec verba– "verbatim

• nunc pro tunc– retroactive

• caveat emptor– let the buyer beware


7 of 27

Greek Jargon used by derivatives dealers

• delta

– sensitivity of an option price to changes in the price of the underlying equity

• theta

– sensitivity of an option price to changes in time

• derivative products

– flip -flop options ? Knockout option? What’s the difference?


8 of 27

Arabic Jargon used by Islamic bankers

• Alwadiah

– safe keeping

• Baimuajjal

– deferred-payment sale

• Baisalam

– pre-paid purchase


9 of 27

Jargon Arabic - used by Islamic bankers

• Ijara

– leasing

• Muqarada

– Mudaraba

• Mudaraba

– profit-sharing


10 of 27

Jargon Arabic - used by Islamic bankers

• Murabaha or Shirka

– cost-plus or mark-up

• Musharaka

– equity participation

• Qard Hasan

– benevolent loan (interest free)


11 of 27

Overview

• Hallal vs. Haram

– not just about a delicious Hallal mutton curry but about a way of life

– including finance

• interest, usury, riba used interchangeably

• Essentially three dimensions of Islamic products

– riba free - profits and Loss sharing PLS

– riba free - mark up

– ethical dimension


12 of 27

Overview - PLS

• PLS - basically, no pain no gain

• venture capital, non-recourse project finance, equity investment, vs lending

• US / UK banking vs Germany, Japan, Spain banking


13 of 27

Overview - Markup• mark up - predetermined profit.

– Predominates 87% Pakistan, 63% Iran– investors’ risk aversion– borrowers’ protection of equity interests

• tax similarities - interest versus capital gains tax• interpretations change

– treasury bills, foreign exchange, zero coupons, circular transactions.

• Various jurisdictions / opinions– Malaysia, Gulf, London


14 of 27

Overview - Ethics

• ethical dimension - undesirable investments sectors– tobacco– alcohol– armaments– gambling

• charitable aspects– interest donated to charity– can the borrower afford to repay?– Faith does not mean soft option.


15 of 27

Brief History

• 1963 Egypt interest free savings banks– not overtly Islamic - invested in trade and

industry– share of profits

• 1971 Egypt Nasr Social bank– still no overt reference to Islam

• 1975 Islamic Development Bank– Jeddah. Conference of Islamic finance

ministers1973– fee based and PLS– revolving capital


16 of 27

Brief History

• 1970’s Dubai Islamic Bank, Faisal Islamic Bank of Sudan / Egypt, Bahrain Islamic Bank

• Malaysia, Philippines, Nigeria, Indonesia

• Islamic Finance House, Luxembourg, DMI Geneva, Al Rajhi London

• Denmark, Australia, South Africa

• HSBC Amanah Fund, ANZ First ANZ International Murabah Ltd., IBU of United Bank of Kuwait.


17 of 27

Riba is more than Usury

• US, South Africa, UK

– excessive interest

– early repayment

• active vs passive lending

• pawn broking / money lending vs modern banking.

• No distinction between fair and unfair interest

• trade is allowed

• repayment only if borrower is able to?


18 of 27

Why?

• Pork, Fish

• Property rental- Hallal

• real benefit, wear and tear

• Capital rental - Haram

– Gold for gold, barley for barley; inflation indexed?

– Equity/debt hybrid Profit sharing? Undated Preference Shares? Section 233 loans?

• “Unearned” income taxed at 97% in the UK


19 of 27

Key Islamic Financial Instruments PLS

• Mudaraba / Modaraba

– PLS no pain no gain

– Rabbulmal - capital provider / investor

– Mudarib - Entrepreneur / borrower

– profits split between Rabbulmal and Mudarib as agreed

– losses only to financier.

• looks like non-recourse project finance


20 of 27


• Shirka

– generalised Mudaraba

– more than 2 parties

– non contractual Al Milk,

– contractual Ul Uqud

• looks like syndicated non-recourse project finance


21 of 27


• Musharaka / Mosharaka

– equity investing

– limited partnership

– profits distributed according to pre-agreed formula

– fair share of profits? 95% to investor?

• looks like normal equity investments or fund management

• sounds like “shares”

• Loss sharing? Limited liability to investment.


22 of 27


• Alwadiah

– retail savings account

– cheque books bill payments, credit cards etc.

– dividend paid subject to profits through the year

– Only profits no loss of capital

– short term accounts

• looks like with profits bonds

• other retail

– prizes, gifting of interest to charity, no transaction fees


23 of 27

Key Islamic Financial Instruments - Mark-up

• Murabaha / Morabaha

– Mudaraba / Musharaka on bank liability side

– Murabaha / Morabaha on asset side.

– locked-in return

– bank buys asset on behalf of client / borrower and then sells it for deferred payment

– title transfers at outset or on payment at maturity

– interest into capital gains? Use of Libor• Sounds like “Repo” a sale and repurchase

agreement


24 of 27


• Baimuajjal

– property financing on a deferred basis

– payment in instalments or lump sum with mark-up

– predetermined profit.

• Ijara

– leasing type transaction

– title stays with lessor

– option to buy goods on maturity of contract

– Ijara wa iqtina is renting then purchase


25 of 27


• Baisalam

– manufacturers financing of production

– bank buys and pays for goods at a discount before manufacture

– commodity futures contract? A derivative?

– similar to bankers acceptance - BAs• Al Bay Bithaman Ajil

– BBAs popular in Malaysia

– financing sales by deferred instalments

– trade not debt


26 of 27

Key features of Islamic banking

• interest free

• trade related and perceived need for funds

• pure form - equity related

• avoids exploitation - no usury

• ethical investments

– alcohol, tobacco, gambling, armaments, pornography etc


27 of 27

European Retail Islamic banking

• mainly high net worth

• 7 million Muslims in Europe

– 1.2 Mio UK, 3 Mio France, 2.9 Mio Germany

• so why minimal penetration?

– Risk aversion


28 of 27

Conclusion

• growth market for strongly capitalised banks

– Islamic investors are risk averse

– aware of rating agencies

– Top banking brand names such as HSBC, ANZ, UBK have an advantage - I believe

• speech not about economics or social science

– idea is to encourage growth and achieve just profit for capital invested

Demystification of Islamic Banking Warren Edwardes 1 of 27 Demystification of Islamic Banking Warren Edwardes CEO, Delphi Risk Management Ltd. Asia Business.

Documents

islamic bankersmurabaha

forbidden usury

yoke of usury

islamic bankersalwadiah

arabic jargon

option price

sonuk usury laws

latin jargon