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Islamic Finance Special Focus NBFC

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    Islamic Finance in India.

    K M College of Teacher Education

    March 29, 2011

    Presentation by: Thanveer Mohiyudheen

    Chief Operations Officer, AICL

    [email protected]

    AICL

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    What is a financial system?

    Instruments & Institutions to transfer

    funds from saving surplus units to savingdeficit units.

    It facilitates intermediation between

    savers and investors. The investors are touse funds for productive purposes.

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    Financial system efficiency

    Promotion of efficiency is the primary goal ofevery Financial System.

    It is measured in terms of efficiency achievedin mobilizing savings from saving surplus unitsin the economy and in allocating these fundsamong saving deficit units.

    Increase in the range of financial assets andinstruments would improve efficiency inmobilization of funds.

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    FOR IMPROVING ALLOCATIONAL

    EFFICIENCY IT NEEDS

    Less Transaction Cost

    Simplified transaction system Availability and accuracy of

    information

    Information processing by participants An efficient system also be a stable

    system

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    FINANCIAL PRODUCTS AND

    SERVICES

    A financialsystemneedsinstrumentstomobilizefundsfromsavingsurplusunitstochannelthesameintosavingdeficitunits.

    Thisproductsareprovidedbyfinancialinstitutions.

    Financialinstitutionsarefacilitatorsorintermediaries.

    Investorlikestheproductswithminimumrisksandhighexpectedrateofreturn.

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    Financial institutions and instrumentswhich function on the basis of directionsand rules in sharia are known as islamicfinancial system.

    In conventional finance there is a tug ofwar between ethics and efficiency.

    But in islamic finance conformity norms ofislamic ethics dominate all the concerns

    Ensures that contracts are just andequitable for all the parties involved.

    Reward should be related to effort,

    responsibility and risk-sharing.

    Islamic financial system

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    What is Shariah?

    The Shariah is an abstract form of law capable ofadaptation, development and further interpretation.

    Shariah is derived from two primary sources: theQuranand the Sunnah

    Three dependent sources, namely qiyas (analogicaldeductions and reasoning), ijtehad (legal reasoning)and the ijmaa (a consensus of shariah scholars).

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    Objectives of Shariah

    Securing Benefits (manfaa)

    Protectingfrom Harm (madarrah)

    The Religion of Islam

    Ibadaat

    (Worship, Prayer)

    Muamalaat

    (Transactions, Worldly Affairs)

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    Ibadaat & Muamalaat

    Ibadaat

    The principle is everything except what is

    prescribed is PROHIBITED.

    Muamalaat

    The principle is everything except what is

    prohibited is PERMITTED.

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    Fundamentals of Shariah Finance

    Prohibitions:

    Riba

    Gharar

    Maysir

    Prohibited sectors

    Promotions:

    Encouragement of profit and loss sharing

    Public need or necessity

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    Major Prohibitions: Riba

    RIBA; in Islam is religiously, socially, andeconomically unjust practice.

    Interest on consumption loans; takingadvantage of the borrowers inferioreconomic position.

    Interest on business loans; inequitable formof transaction.

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    Major Prohibitions: Gharar & Maysir

    GHARAR; literal meaning: to deceive, cheat, delude, lure, entice.

    Parties to a contract must have actual knowledge of the

    "subject matter" of the contract, the price and the

    implications of the contract. As a result, contracts where

    the parties are not completely aware of the benefits and

    risks inherent, are forbidden.

    Nor can any obligation be conditional on the occurrence of

    an uncertain or ill defined event outside the control of the

    parties. Under Shariah principles, if gharar is present, the contract

    will be void.

    MAYSIR is gambling, bets and wager where whatever one profitsis at the cost of others.

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    PRINCIPLES OF ISLAMIC FINANCE

    1) freedom to contract

    2) freedom from Riba

    3) freedom from Algharar4) freedom from gambling and unearned income

    5) freedom from price control and manipulation

    6) mutual cooperation and solidarity

    7) public interest (Maslaha)

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    NEEDFOR ISLAMIC BANK

    ISLAMIC BANKING has emerged as a viable and

    possible alternative to conventional banking after the

    financial Tsunami of 2008 in the west particularly thesub-prime housing mortgage crisis in USA

    WHY ?

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    FINANCIAL ENGINEERING

    FINANCIAL ENGINEERING instead ofREAL ECONOMY

    Use of Derivatives in a complex fashion

    Supply of fictious money to unbelievable extent 12times more than Collective GDP of entire world

    Total Derivatives (2008) US $ 741 Trillions

    Total GDP (entire world) US $ 60 Trillions

    CDO / CDS

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    ISLAMIC BANKNOT MUSLIM SPECIFIC

    Islamic banking focuses on transparency, cooperative ventures,

    shared risk and ethical investing attracts a wide range of both

    Muslims and Non Muslims alike. Can you afford to ignore it?

    (Boston Consulting group, BCG)

    In Malaysia, more than 40% of the investors & 60% borrowers

    are non-Muslims, mostly Chinese, in Islamic banks.

    One in five applicants for some of the Islamic products are non-

    Muslims in Islamic Bank of Britain.

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    ALTERNATIVEGLOBAL FINANCIAL

    ARCHITECTURE The country should call for analternative global financial architecture,

    which is built on the real economy

    and not on the paper economy.

    To build a new architecture India should take the lead

    - Mr. Vaidyanathan, Professor of finance, Indian Institute of Management Bangalore

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    Global scenario

    AICLAICL

    Islamic alternative system has been tried successfullyin various forms in different parts of world.

    London, Tokyo, Hong Kong, Singapore and Paris eye tobecome hub and house of Islamic finance and banking

    Impressive growth over the last 30 years.

    300+ institutions

    Islamic Banks/ Islamic NBFCs / Islamic Bankingwindows / Islamic finance institutions

    Islamic Finance growing at 15 to 20% annually

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    (INSTRUMNETNS USED IN ISLAMIC FINANCE)

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    MUDARABA

    Mudaraba is a contract between two parties: an

    investor (Rab-Al-Mal) and an investment manager(Mudarib). Profit, if earned, is distributed between the

    two parties in accordance with the ratio that they agree

    upon at the time of the contract. Financial loss, if

    suffered, is borne by the investor; the loss to themanager being the opportunity cost of his own labor,

    which failed to generate any income for him.

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    MUSHARAKA

    A Musharaka contract is similar to that of the

    Mudaraba, with the difference that in the case of

    Musharaka both partners participate in the

    management and provision of capital and also

    share in the profit and loss. Profits are distributed

    between partners in accordance with agreed ratios,

    but the loss must be distributed in proportion to the

    share of each in the total capital.

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    DIMINISHING MUSHARAKA(MUSHARAKA MUTANAQISA)

    This is a contract between a financier (the bank) and

    a beneficiary (the client) in which the two agree to

    enter into a partnership to own an asset, as described,

    above, but on the condition that the financier will

    gradually sell his share to the beneficiary at an agreed

    price and in accordance with an agreed schedule.

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    MURABAHA

    Under a Murabaha contract, the client orders an

    Islamic bank to purchase certain goods at a specific

    cash price, promising to purchase such goods from the

    bank once it has been bought, but at a deferred price,

    which includes an agreed upon, known and fixed

    profit in favor of the bank. The deferred price may be

    paid as a lump sum or in installments.

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    ISTISNA

    Istisna is a contract in which a party ordersanother to manufacture and provide an

    asset/project, the description of which, delivery

    date, price and payment date are all set in the

    contract.

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    5/26/2011 29

    Istisna (Build / Manufacture)

    Builds Delivers

    Payment

    Describe

    d

    Project

    / Asset

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    IJARA

    Ijara is a contract pursuant to which a

    property/equipment/aircraft etc. is leased byone party to the other with a specified

    permissible benefit in the form of a usufruct

    obtained for a specified period in return for a

    specified permissible consideration.

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    It is benevolent loan/debt financing that does

    not promise excess or profit to the lender. Theloan amount will be repaid through deferred

    payment or lump sum as agreed. This is only for

    poor/needy/low income individual/unemployedyouth etc

    QARD HASSAN

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    Current scenario and regulations

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    Isl mi Fi Indi

    S nari

    AICLAICL

    Islamic banking not approved, investment

    option available : AICL, Idafa, Secura, Taurus,

    Reliance Iman, Bajaj Allianz, Al Barakah,Bearys Amanah

    Islamic micro finance institutions surge

    Sahoulat, Al Khair Co-op Society.. Immense pressure on Govt. to sanction IF

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    PRIME MINISTER ON ISLAMIC BANKING

    AICLAICL

    "There have been from time totime demands for experimenting(with) Islamic banking. I would

    certainly recommend to RBI, whichis looking into the question, tolook at what is happening inMalaysia in this regard

    -Prime Minister Mr. Manmohan Singh during hisvisit to Kuala lampur, 27 October 2010

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    KER ALA IG RT ER M ITS

    N FC ASE N S AR IAH

    AICLAICL

    The Kerala High court earlier thismonth approved Kerala Governmentsdecision to float Shariah based Non

    anking Financial Co (N FC) Alarakah Financial Service Ltd which isa positive development .

    In the udget for 2011-12, Kerala'sFinance Minister Mr. Thomas Isaacunveiled road development project ofRs 40000 crores through the IslamicN FC.

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    WHAT WE HAVE TO DO?

    AICLAICL

    Simple regulatory changes could

    transform India into a regional

    hub for shariah-complaiantfinance and clear the way for a

    much-needed wave of

    investment into its

    infrastructure.-Ben Frumin -India BusinessLaw Journal, June 2008

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    Finance regulators in India

    AICLAICL

    Reserve Bank of India Banks

    NBFCs

    Chit funds

    Securities Exchange Board of India Mutual Funds

    VC / PE Funds

    Stock Market

    PMS

    REITs Insurance Regulatory and Development Authority

    Insurance companies

    Reinsurance companies

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    Permissi leIF structures in

    India

    AICLAICL

    Non Banking Finance Company - NBFC

    Mutual Fund

    Venture Capital Fund / Private Equity Fund

    Portfolio Management Service

    Stock broking

    Micro credit societies

    Real Estate Infrastructure Trusts - REITS

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    IF institutions in India

    AICLAICL

    Non Banking Finance Company NBFC AICL

    Al Barakah

    Mutual Fund Taurus Ethical Fund

    Tata Select Equity Fund

    Venture Capital Fund / Private Equity Fund

    Secura Investment ManagementPortfolio Management Service

    Reliance capital

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    IFInstitutions in India

    AICLAICL

    Stock broking

    Idafa Investments

    Profishare

    Multigain

    Wealth City

    Micro credit societies

    300 + SHGs in Kerala INFECC Al Kair Co-operative society

    Many small ventures in different parts of India

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    AICL the na e to reckon..

    AICLAICL

    Premier Islamic finance company in India

    Registered with the Reserve Bank of India

    Commenced operation as NBFC in 2002Works on Islamic Finance principles of equity

    and justice

    Is on its growth trajectory to transform into anIslamic Bank when the Government of India

    sanctions Islamic banking

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    AICL Mission

    AICLAICL

    Is a venue to invest savings for an interest-freereturns

    Is a source of finance for entrepreneurs on a

    profit/loss sharing (PLS) basis. Runs own businesses as subsidiaries or joint

    ventures enhancing productivity of the economy

    Striving to create an atmosphere for

    establishment of Islamic Banks in India Educating the society on equitable, joint and

    prudential practices of investment and business

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    AICL How?

    AICLAICL

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    AICL - Products

    AICLAICL

    Finances businesses on profit and loss sharingbasis (diminishing Musharaka)

    Offers vehicle finance on rental (Ijara) basis

    Nurtures budding entrepreneurs with microfinance products

    Offers business consultancy services via AICLConsultancy Division

    Provides interest free loan and non refundablefinancial aid to the underprivileged through AICLCharitable Trust

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    AICL Builders & Developers

    AICLAICL

    AICL B&D a subsidiary of AICL

    Engages in infrastructure development and

    building of houses, flats, villas, commercialcomplexes

    Aimed at increasing profitability through real

    estate development

    Acquired properties for two projects at Aluva

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    AICL Road ahead

    AICLAICL

    Grow in size with higher capital base 100 cr

    immediately and 300 Cr in three years Increase nationwide presence

    Widen product portfolio

    Offering variant IF services including Islamicbanking when Govt. sanctions the same

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    Invest ent opportunity

    AICLAICL

    Present value of share Rs. 11/- Minimum investment Rs. 27500/-

    Maximum investment Rs. 1100000/-

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    Thank you.

    AICLAICL

    ALTERNATIVE INVESTMENTS AND CREDITS LIMITED

    Regd. Off: 34/2444, SUNNYESTATES

    MAMANGALAMCOCHIN

    Regional Off: 3RD FLOORCD TOWER,

    NEAR BABY MEMORIAL, KOZHIKODE

    www.aicl-india.com [email protected]

    04953043599