ARTICLES
SHARIAH-COMPLIANT SCREENING PRACTICES
IN MALAYSIA
Mohamed Azam Mohamed Adil, Catherine S.F. Ho,
Mansor Md. Isa, Ezani Yaakub, Mohammad Mahyuddin Khalid*
Abstract: This study reviews twenty-eight users of Islamic equity screening
in Malaysia based on the most recent information collected in 2012. Except
for the Securities Commission and two index providers, the rest of the users
are mutual fund companies. Our review indicates that, with few exceptions,
the majority of the local screening users are following the benchmarks set
by the Securities Commission of Malaysia, in which only industry screening
is applied to separate Shariah compliant from non-compliant companies.
A few users, however, employ a two-tier quantitative approach in addition
to the qualitative screening. The qualitative screening removes companies
whose main businesses are Shariah non-compliant. Companies with mixed
activities are then subject to quantitative screenings in which non-compliant
contributions are measured against applicable benchmarks. The Securities
Commission is scheduled to have in place a two-tier quantitative screening
method which is more in line with international practices by the end of 2013.
Introduction
Screening companies determine if certain investments are consistent with the
Shariah principle requiring Muslim investors to invest only in Shariah-compliant
firms and thereby confirm their permissibility for investors. However, given the
modern day interdependence and linkages of business transactions, it is almost
impossible to find a company that fully complies with the principles of the
Shariah. A degree of tolerance therefore has to be exercised that allows Muslim
investors to invest in companies with mixed activities, provided the Shariah noncompliant contribution to profit does not exceed a certain acceptable percentage.
A team of international Shariah scholars has developed a screening methodology
that paved the way for investors to own shares in public companies back in 1987
(Mian, 2008). These scholars presented a set of Shariah screening criteria and
ruled that Muslim investors can purchase shares of companies that fulfil these
criteria.
These screening criteria have been widely adopted, albeit with modifications,
by Islamic financial markets around the globe. Basically the criteria consist of
two levels, the business activity screen and financial ratio screen. For the business
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activity screen, a company must derive up to 95 percent of its revenue or profit
from Shariah-compliant activities. This means that there is a 5 percent tolerance
level in the total revenue or profit that may be derived from non-permissible
sources, such as alcohol, tobacco, pork-related products, non-permissible
entertainment, weapons and defence as well as conventional financial interestbearing services. For the financial ratio screen, a company would be accepted as
Shariah–compliant if it meets the following criteria: total non-Shariah compliant
debt should be less than 33 percent of equity; account receivables should not be
more than 49 percent of total assets; and interest income should not be more than
5 percent of total income (Mian, 2008). However, the practice around the world
seems to be inconsistent, as documented by Khatkatay and Nisar (2006), Derigs
and Marzban (2008), Ho et al. (2011), and Ho et al. (2012).
The Bahrain-based Accounting and Auditing Organisation for Islamic
Financial Institutions Sharia-compliant Standards (AAOIFI, 2010) aims to
introduce a higher degree of harmonisation of Islamic finance practices across
major Islamic finance markets in order to facilitate further expansion of the
industry. The AAOIFI standards consist of a two-stage screening process of
qualitative and quantitative screens. The qualitative screen is similar to that used
by others: companies have to stay within what is lawful according to Shariah
business activities. The quantitative screens used have total debt and interestbearing deposits being less than 30 percent of market capitalisation, and income
generated from prohibited components less than 5 percent of total income.
AAOIFI also excludes those involved in the issuance of conventional bonds,
trading of futures, options and swaps contracts.
With different countries adopting their own standards, there is a lack of
consistency for a universally acceptable compliance method and this may
hamper growth in global Islamic investments. The different Shariah screening
methodologies adopted by the Islamic financial industry also connote a lack
of standardisation of the practices in the industry. There is therefore a need for
Shariah scholars and industry players to consider greater standardisation of their
screening methodologies to further the Islamic financial industry. Despite the
controversies and uncertainties surrounding the issues of screening for Shariahcompliant companies, there is surprisingly very little analytical and empirical
research in this area.
This paper aims to add to the much needed literature in this field. The aim of this
paper is to review and analyse the Shariah-compliant screening methods currently
practiced in Malaysia. Firstly, we discuss the current screening practices of the
Malaysian Securities Commission. The Securities Commission is entrusted with
the role of regulator of the local capital market. Since its establishment in 1993, it
has been heavily involved in paving the way towards facilitating the development
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332
of Malaysia to be an international Islamic financial hub. Secondly, we present
and analyse the qualitative and quantitative screening procedures as practiced
by local financial institutions. This paper contributes to existing literature by
documenting and analysing screening practices applied by Malaysian Islamic
financial institutions. Since Malaysia is considered one of the major financial
hubs for Islamic finance, it is important to share its practices with others, for
greater understanding and harmonisation of practices at the international level.
Section two of the paper provides a review of existing literature on Shariah
screening. The data collection and data profile are explained in Section three of the
paper. Section four contains the presentation and discussion of the screening process
used by local institutions and Section five summarises and concludes this paper.
Review of Literature
While there seems to be a reasonably strong consensus regarding what business
activities are allowed in Shariah, controversy arises regarding companies with
mixed activities. These include companies whose core activities are lawful but
who out of necessity are also involved in unlawful transactions. As widely noted,
it is extremely rare to find companies that are 100 percent Shariah-compliant in
all their investing and financing activities. A more practical approach would be to
develop filters that weed out companies whose Shariah non-compliant activities
constitute a percentage beyond an acceptable benchmark.
It is common knowledge that certain business activities are prohibited in Islam.
There is also consensus among all Islamic jurisdictions to prohibit business
operations which involve giving and taking of interest; gambling; the production,
distribution, promotion and sale of non-halal goods or services such as alcoholic
beverages and pork; or immoral entertainment facilities such as prostitution,
pubs, massage parlours and discos. Moreover, companies dealing with gharar
that could lead to excessive speculation activities such as conventional insurance
as explained by Derigs and Marzban (2008) are also considered as non-Shariah
compliant. In addition, Naughton and Naughton (2000) and Iqbal and Mirakhor
(2007) concluded that short selling, speculation and margin trading activities
are not permissible in Islam, and this poses many challenges in structuring
contemporary Islamic financial instruments and system. Khatkhatay and Nisar
(2006) pointed out that Shariah-compatible investment is judged according to the
investment structure and the nature of the contracting parties. Shariah prohibits
interest-related investments, monetary obligation (debt, currency, liquid assets)
and future rights (uncertainty).
Khatkhatay and Nisar (2006) compared and analysed screening criteria used
by three organisations: Dow-Jones Islamic Index (US), Securities Commission
(Malaysia) and Meezan Islamic Fund (Pakistan). The authors noted that among
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MOHAMED AZAM MOHAMED ADIL ET AL.
the three, Dow-Jones Islamic Index has the most comprehensive industry criteria
in addition to a comprehensive set of financial criteria. Meezan also applied both
industry and financial criteria while the Securities Commission of Malaysia,
according to the authors, has the most liberal screening criteria. The Securities
Commission does not apply any financial criteria but instead operates on a fourtier industry screening to exclude companies involved in various forms of nonShariah compliant activities. It seems that the Securities Commission is taking
the approach of prioritising the Shariah prohibition of these activities; those that
are strongly and clearly prohibited have the lowest tolerance level and those
that are subject to much uncertainty have a more liberal benchmark. Khatkhatay
and Nisar proposed that screen users not take into account percentages of nonpermissible income, but instead exclude all companies whose businesses are not
100 percent Shariah-compliant.
Derigs and Marzban (2008) provided a comparative study of screening
practices on Shariah compliant stocks which have been adopted by nine groups
of international users. The authors noted that all the users surveyed invariably
use a two-tier screening process. First is an industry screen in which some users
exclude companies with any level of involvement in non-Shariah compliant
activities while others exclude only those whose primary activities are nonShariah compliant. Upon passing the industry screening, companies are subject
to quantitative screenings that are divided into four categories: liquidity ratio,
interest ratio, debt ratio and non-permissible ratio. Derigs and Marzban’s (2008)
main conclusion is that there are inconsistencies in the method of classification
used by different groups, such that some stocks that are deemed permissible by
one group may be non-permissible by other groups. The authors called for a
more standardised screening framework across international users. Other studies,
such as Shaikh (2010), Shariah Capital (2009) and Sengupta (2012), also found
differences in Shariah compliant criteria acceptable to different Islamic investors.
In two recent studies, Ho et al. (2011) and Ho et al. (2012) reviewed the
screening methods of equities among international Islamic finance uth objectives.
Regulators such as the Securities Commission of Malaysia are more flexible; this
approach is needed to rapidly develop the Islamic capital market in the country.
Index providers, on the other hand, are concerned with the “purity” of the index
in order to provide an accurate Islamic performance benchmark; hence they
would apply a relatively strict screening method. Private asset managers catering
to Middle Eastern investors would be more stringent in their interest screening as
interest is a major concern for their clients. The authors also noted that, with only
a few exceptions, most users employed quantitative screens for non-permissible
income, followed by financial ratio screens. In general three financial ratios,
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334
namely debt ratio, liquidity ratio and interest to income ratio, are tested.
Although the above studies mention the use of financial ratios by various users,
there is much uncertainty and inconsistency in the specification of the ratios as
well as in the setting of the benchmarks. First, some of the users use percentages
based on the market value of equities or total market capitalisation, which is
market-based, while others were based on total assets, which is accountingbased. The use of both denominators has its merits and demerits, and it seems
neither measure has a definite superiority over the other. Secondly, the setting
of benchmarks is a matter of judgement by the Shariah jurists. There is no clear
guidance on the cut-off points from the Shariah sources. Tolerance levels are
set by Shariah advisors based on indirect inferences of the Quran and Hadith.
It is therefore not surprising that there exists a great deal of variation in the
benchmarks practiced by different users.
Data Profile
This study provides a fairly comprehensive compilation of Shariah screening
methods of twenty-eight participants in the Islamic financial market in Malaysia,
consisting of a market regulator, two Shariah index providers and twenty-five
mutual fund management companies. The mutual fund companies are in turn
affiliated with investment houses (13 companies), banks (nine companies) and
insurance companies (three companies). Data used for this study consist of
information on the screening methods applied by users that are collected from
their respective websites. The information was collected during 2012. The list of
users is presented in Table 1.1
Table 1 shows the compiled list that includes the Securities Commission
and two Islamic index providers in addition to the twenty-five mutual fund
companies. The index providers are FBM EMAS Shariah Index and FBM Hijrah
Shariah Index. The mutual fund companies are affiliated with banks, insurance
companies and investment houses. The banking institutions reviewed include
Affin, Alliance, AmBank, Bank Islam, BSN, CIMB, Hong Leong, Public and
RHB. These are the major banks in the country that provide not only banking
services but also Islamic investment products. The insurance companies are
ING, Prudential and MAA. They provide long term investment opportunities
and manage them in accordance with Shariah principles. The thirteen investment
houses are Amanah Raya, Apex, ECM Libra, Hwang DBS, Inter-Pacific,
Kenanga, MIDF Amanah, OSK-UOB, Pacific, PMB, PNB, Pheim and TA. They
provide an important function by pooling savings in long term investments which
provide higher returns not only for investors within the country but for a large
number of funds invested either regionally or globally.
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Table 1
List of Malaysian Shariah Screen Users
Index provider
Fund
manager
Bank
Investment
Houses
Insurance
Stocks Coverage
Security Commission
Malaysia
2
FTSE Bursa Malaysia EMAS
Shariah Index
✓
Malaysia
3
FTSE Bursa Malaysia Hijrah
Index
✓
Malaysia
4
AFFIN Holdings Berhad
✓
✓
Malaysia
5
Alliance Financial Group
✓
✓
Malaysia
6
AmBank Group*
✓
✓
Malaysia, Greater China,
ASEAN, Global
7
Bank Islam Malaysia
✓
✓
Malaysia
8
Bank Simpanan Nasional
✓
✓
Malaysia
9
CIMB Group (CIMB)
✓
✓
Malaysia, Asia Pacific,
Global Emerging Markets,
Global
10
Hong Leong Capital
✓
✓
Malaysia
11
Public Bank Berhad
✓
✓
Malaysia, Asia excluding
Japan, Greater China, Global
Emerging Markets
12
RHB Banking Group
✓
✓
Malaysia, Asia excluding Japan
13
Amanah Raya
✓
✓
✓
Malaysia
MOHAMED AZAM MOHAMED ADIL ET AL.
1
Apex Equity Holdings
✓
✓
Malaysia, Global
15
ECM Libra Group
✓
✓
Malaysia, Asia Pacific
16
Hwang-DBS Malaysia
✓
✓
Malaysia
17
ING Investment Management
Asia Pacific
✓
18
Inter-Pacific Securities Sdn.
Bhd.
✓
✓
Malaysia
19
K & N Kenanga Holdings
✓
✓
Malaysia
20
MAA Group
✓
21
Malaysian Industrial
Development Finance
✓
✓
Malaysia
22
OSK-UOB Investment
Management Bhd.
✓
✓
Malaysia, Global
23
Pacific Mutual Fund Berhad
✓
✓
Malaysia
24
Pelaburan Mara Berhad
✓
✓
Malaysia
25
Permodalan Nasional Berhad
✓
✓
Malaysia
26
Pheim Unit Trusts
✓
✓
Malaysia, Asia excluding Japan
27
Prudential Corporation Asia *
✓
28
TA Securities Holdings
✓
Total
1
25
✓
✓
13
Malaysia, Asia Pacific excluding
Japan
Malaysia, Asia excluding Japan,
Greater China
Asia including Japan, Brazil,
Russia, India and China.
✓
9
Malaysia, Asia Pacific
3
336
Note:* Has more than one Shariah advisor.
2
✓
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The Shariah screening process is generally carried out by in-house Shariah
boards—international or local Shariah advisors which provide these institutions
with Shariah related recommendations. These Shariah advisors may be profitoriented companies that provide Shariah compliant consulting and related
services and therefore help to screen global assets based on demand. Similar
to the other profit-oriented institutions, some institutions also possess their own
Shariah boards and thereby apply their own screening methods. They also provide
financial services by managing their own funds and those of their clients and
screen selected global assets. Institutions with their own in-house Shariah boards
include AmBank, Bank Islam, CIMB, RHB, Apex, MIDF Amanah and PNB.
Those who do not have an in-house Shariah board have to consult independent
Shariah advisors in order to comply with the regulatory requirements. Independent
Shariah advisors include IBFIM, Amanie, Al-Rajhi, FTSE, Khalij, ZI Shariah
Advisory or the Securities Commission of Malaysia. It should also be noted that
some users, for example AmBank and Prudential, use more than one Shariah
advisors.
Findings and Discussions
The Securities Commission’s Screen
In 1995, with the establishment of its Shariah Advisory Council, the Securities
Commission of Malaysia began to classify listed securities as Shariah-compliant
or Shariah non-compliant. The screen used was basically the industry screen; that
is, whether or not the business of the company is permissible by Shariah. If the
main activity is not Shariah-compliant, the firm would be excluded. However,
if the main activity is Shariah-compliant but there are elements of Shariah noncompliant activities, the company would be subjected to the filter tests, where
the percentage contribution of non-permissible activities to total revenue or net
profit would be measured against the appropriate benchmarks. The types of nonpermissible activities and their respective benchmarks are shown in Table 2.
With the rapid development in the Islamic financial market domestically as
well as globally, the Securities Commission has decided to upgrade its screening
procedure so that it is more in line with international practices and is also closer
to the requirements of the Shariah. The new screening criteria, which are to be
fully implemented by the end of 2013, will consist of a qualitative industry screen
and two-tier quantitative screens (Securities Commission, 2013). The Securities
Commission stated that “in view of the current development and sophistication
of the Islamic finance industry, the screening methodology has now been revised
by adopting a two-tier approach to the quantitative assessment which applies
the business activity benchmarks and the newly introduced financial ratio
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benchmarks while at the same time maintaining the qualitative assessment”
(Securities Commission, 2013). For ease of making comparisons, the old and
new screening methods are summarised in Table 2.
Table 2 shows that the old screening method has four industry benchmarks. The
contribution of Shariah non-compliant activities to the overall revenue or profits
before taxes is measured against these benchmarks. There is no financial ratio
screen used in the old method. As can be seen by the description of the categories,
there exist considerable subjectivity and uncertainties in the classification of
activities that is left to the discretion of the Shariah Advisory Council. In the new
method, the number of industry benchmarks is reduced from four to only two,
which are 5 percent and 20 percent. The 5 percent benchmark is for activities
(a) and (b) in the old screen (see Table 2), while the 20 percent benchmark is for
activities (c) and (d) in the old screen.
Table 2
Comparison of the Old and New Equity Screening Methods of the
Malaysian Securities Commission
Old
Benchmark
New
Benchmark*
5%
5%
Business
Activity
Benchmark
Activity
a. Conventional
banking;
conventional
insurance; gambling; liquor and liquorrelated activities; pork and pork-related
activities; non-halal food and beverages;
Shariah non-compliant entertainment;
and other activities deemed noncompliant according to Shariah.
10%
b. Interest income from conventional
accounts and instruments; tobacco
and tobacco-related activities; and
other activities deemed non-compliant
according to Shariah.
20%
c. Rental received from Shariah noncompliant activities; and other activities
deemed non-compliant according to
Shariah.
20%
d. Hotel and resort operations; share
trading; stock-broking business; and
other activities deemed non-compliant
according to Shariah.
25%
Financial
ratio
Benchmark
None
33%
1. Non-compliant cash deposit over total
assets
2. Non-compliant debt over total assets
Note: *The new screen is applicable as of November 2013.
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In addition, the Securities Commission also proposes to screen financial
ratios for the first time. Two ratios would be used: (1) cash over total assets and
(2) debt over total assets. For the cash ratio, only cash placed in conventional
accounts and instruments is included, whereas cash placed in Islamic accounts
and instruments is excluded from the calculation. Likewise for the debt ratio,
only interest-bearing debts are included in the calculation of the ratios, whereas
Islamic debt and sukuk are excluded. Both ratios use balance sheet items and
are measured against the same benchmark of 33 percent. It is obvious that these
ratios are aimed at measuring the extent of non-compliance in the non-Islamic
financial transactions of the company. The benchmark of 33 percent probably
has its root in the well-known Hadith of the Prophet that limits donation to onethird of one’s wealth (Obaidullah, 2005). This benchmark is also used in the
screening standards of developed markets such as the DJ, FTSE, S&P and MSCI
(Derigs and Marzban, 2008). However, the Securities Commission’s definition of
cash and total debt includes only the non-compliant component and is considered
more appropriate than others that use total debt and total cash whether they are
Islamic or not.
There are two positive observations in the new method. First, it is simpler than
the old method because a lesser number of benchmarks is used in the industry
screen. This should pave the way for a quicker and more economical calculation
process. It would also expedite the extraction of relevant information from the
companies. Secondly, the idea of using a financial ratio has gained momentum
in the international market, and this is included in the new screening method.
The financial ratios are aimed at measuring the extent to which the financial
management of companies complies with the Shariah principles. Again, with
only two ratios to calculate, this would expedite the calculation and classification
of companies.
On the negative side, the new screening method is somewhat more restrictive,
and this may result in the exclusion of companies that were previously classified
as Shariah-compliant by the old standards. This possibility has been alluded to
by Abdul-Rahman et al. (2010), who found a drastic reduction in the Shariahcompliant universe when the DJIS screens were applied to the local listed
stocks. The upshot of this is that, in the short run, local investors may have fewer
companies listed in their Shariah-compliant universe. In the long run, however,
it is expected that companies will respond positively to these benchmarks and
adjust their operations accordingly in order to qualify for the coveted Shariahcompliant status. One implication of this limitation in the local Shariah-compliant
investment field is that local investors may have to look for international
diversification of their portfolios.
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Qualitative Screen
All twenty-eight institutions included in this review employ a two-stage screening
process. The first process is the industry screen. This is a qualitative screening
based on whether the main business activity of the company is Shariah-compliant
or non-compliant. Companies that pass the industry screen are then subject to
quantitative screening. Shariah non-compliant businesses may be classified into
five categories based on the nature of the business: riba and gharar; non-halal
products; gambling and gaming; immoral activities; and other impermissible
activities. This study compiled all prohibited activities as stated by each institution
and their respective Shariah advisor or board. In general we find that there is
a high degree of agreement among all institutions regarding non-permissible
business activities. This is hardly surprising because these prohibitions have clear
Shariah rulings on them. The only difference among the users is in the detailed
specification of these activities.
We analyse the qualitative information provided by the users in Table 3. For
users with multiple Shariah advisors, there are variations among the advisors
in the specification of non-compliant activities. Table 3 tabulates the frequency
each item is mentioned by the advisors. The information may be summarised as
follows:
In terms of riba and gharar activities, the main activities mentioned are
conventional financial services, which are riba-based banking and insurance.
Many users also include stock-broking or share trading in non-Shariah stocks in
this category.
Because non-halal products are very clearly defined, there is no variation in
the screening by the users. Basically any form of business activity associated
with liquor or pork is included.
Gambling and gaming businesses in their various forms are clearly prohibited
in Islam and therefore there is no variation in the screen used.
Regarding immoral activities, the most frequently mentioned is “nonpermissible entertainment” and pornography. A few users specifically mentioned
music, hospitality services, movies and recreations as not permissible in Shariah.
Other impermissible businesses include tobacco products, weapons and
defence product manufacturing.
In summary, there is definitely a clear list of activities that are Shariah noncompliant and the majority of institutions have a comprehensive list of them.
Companies whose main activities are prohibited by Shariah are deemed Shariah
non-compliant and would be rejected, while those that are not involved in any
of the prohibited activities are deemed to be Shariah-compliant. This leaves
companies with mixed activities that would be subjected to further tests.
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Table 3
Shariah Non-Compliant Business Activities:
Frequency Distribution
Business Activity
Frequency
Percentage (%)*
25
75.53
Conventional banking
7
20.59
Conventional insurance
16
47.06
Stock broking in non-compliant stocks
12
35.29
Riba-based financial activities
8
23.53
Others
2
5.88
Non-halal products
29
70.59
Liquor and related products
24
64.71
Pork and related products
22
41.18
Others
0
0
Gambling, casinos, lottery
34
100.00
Gaming
20
58.82
Others
0
0
Non-permissible entertainment
30
88.24
Pornography
24
70.59
Music
6
17.65
Hospitality, hotels, resorts
5
14.71
Cinemas, movies
5
14.71
Recreation
4
11.76
Others
3
8.82
products
32
94.12
Weaponry and defense
21
61.76
Other non-permissible activities
32
94.12
Riba and Gharar
Conventional financial services
Non-halal products
Gambling and gaming
Immoral activities
Other Impermissible
Tobacco and related activities and
*The percentages are based on 34 Shariah Advisors of the 25 users.
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Quantitative Screening
Companies with a mixture of Shariah and non- Shariah compliant activities are
subject to quantitative screening to test the extent of non-Shariah contribution to
the business. Quantitative screening may be subdivided into two categories: nonpermissible business percentage and financial ratios.
Non-Permissible Income Screening
At this stage, non-permissible activities identified from the initial business
screening are further quantified to check if their level is acceptable by the
respective institutions. Table 4 shows the benchmark used by the institutions to
test for the contribution of the non-Shariah activities. It can be seen from the table
that the Securities Commission operates a four-tier benchmark of non-permissible
income: the clearly prohibited activities have a very restrictive benchmark of
5 percent, followed by umum balwa (commonly practiced forms of business)
activities with a 10 percent benchmark, mixed rental payment, 20 percent and
maslahah (public interest) activities, 25 percent. Recall that these are exactly
the same classifications as presented in Table 2 earlier. It is also clear from the
table that, with few exceptions, every institution applies the classification of the
Securities Commission. This is to be expected as it is a regulatory requirement
that all Islamic mutual fund companies comply with the Securities Commission’s
classification.
It is interesting to note that twelve of the twenty-five mutual funds have
overseas investments (see Table 1) and the screening of these overseas
investments is beyond the Securities Commission regulation. Table 4 shows that
even those investing overseas do not apply their own screening, except for one
user, AmBank, which may be considered a special case in that it has five different
Shariah advisors with differences in their screening methods: one advisor follows
the Securities Commission’s classification; two advisors have a flat 5 percent
screen for all types of non-compliant contributions; and two advisors do not have
any quantitative screening at all, which means that a company involved in any
form of non-compliant activities, regardless of the amount, would be excluded.
It is further noted that the benchmarks operate on two denominators: total
revenue and profit before tax. There are two tests for each benchmark: the first is
the gross contribution from the non-compliant sector divided by the gross revenue
of the firm. The second is net contribution before tax of the sector, divided by
total profit before tax of the firm. Violation of either of these tests would result
in the company being dropped from further consideration. Companies that fail
the non-permissible income screening are deemed to be Shariah non-compliant,
while those that pass the test are further subjected to financial ratio-tests.
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Table 4
Benchmark for Non-permissible Income
Clearly
prohibited
Umum
balwa
Mixed
rental
payment
USERS
1
2
3
4
5
Securities Commission (SC)
FBM EMAS Shariah Index
FBM Hijrah Shariah Index
Affin
Alliance
x%
x%
x%
x%
TR and PBT
TR and PBT
TR and PBT
TR and PBT
5%
10%
AmBank
<
26
Pheim
27
Prudential
28
TA
25%
5%
TY
None
None
6
Bank Islam
BSN
CIMB
Hong Leong
Public
RHB
Amanah Raya
Apex
ECM Libra
HwangDBS
ING
Inter-Pacific
Kenanga
MAA
MIDF Amanah
OSK-UOB
Pacific
PMB
PNB
20%
SC
SC
SC
SC
SC
<
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Maslahah
5%
TY
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
SC
Note: SC indicates that the institution simply follows the classification of the Security Commission.
ISLAM AND CIVILISATIONAL RENEWAL
SHARIAH-COMPLIANT SCREENING PRACTICES IN MALAYSIA
344
Financial Ratio Screen
Use of financial ratios is basically confined to screening of companies’ nonShariah operations. It is vital to understand that Shariah strongly prohibits riba or
interest in any form of business or financial transaction. Conventional borrowing
and lending, which is interest-based, is therefore not Shariah-compliant. Many
scholars are of the view that it is necessary to screen non-compliant financial
operations of the companies by looking at selected financial ratios. Previous
studies classified financial ratios screening into three types: debt, liquidity
and interest. Debt screening is to weed out companies involved in excessive
borrowing, while liquidity screening is aimed at assessing the amount of cash
and liquid assets. Interest screening is of course to filter the amount of interest
income to total income. The interest screen is not included here because interest
income will have already been screened either in the qualitative stage or in the
non-permissible income stage. Table 5 reports the results of the twenty-eight
screen users.
Our compilation of results of the screen users reveals only four users of debt
ratio screening – FBM Hijrah Shariah Index, AmBank, CIMB and Prudential.
All other users seem to follow the Securities Commission in not having any
financial ratio screening. AmBank alone employs five different Shariah advisors
with each specifying its own debt ratio screen. The debt ratio benchmark is either
30 or 33 percent, while the denominator used is either total assets or market
capitalisation value of equity. Readers interested in exploring the justification for
the benchmarks as well as the denominators should refer to previous studies such
as Khatkatay and Nisar (2006) and Derigs and Marzban (2008).
Liquidity measures applied by the users and their Shariah advisors consist
of three types: accounts receivables, receivables plus cash and cash plus
conventional deposits. Similar to debt screening, only four users (eight advisors)
apply liquidity screening. Since the Securities Commission of Malaysia has not
imposed any official restrictions on liquidity, those institutions that follow the
Securities Commission regulation have not set any limit on liquidity. Shariah
boards of Amanie, AmBank, Al-Rajhi and CIMB apply a 33 to 49 percent
benchmark to total receivables over total assets or market value of equity. FTSE
as the Shariah advisor for the FBM Hijrah Shariah Index is the only board that
applies receivables plus cash of 50 percent limit over total assets. For cash plus
conventional deposits, the limit varies between 30 percent and 33 percent of total
assets or market value of equity.
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345
MOHAMED AZAM MOHAMED ADIL ET AL.
Table 5
User
Financial Ratio Screen
Shariah Advisor
Debt
Screen
Total
Debt
Securities
Commission
FBM EMAS
Shariah Index
Affin
Alliance
IBFIM
IBFIM
Amanie Advisors Sdn. Bhd.
Khalij Islamic (BVI) Limited
Shariah Advisory Board
Shariah Supervisory Board
Al Rajhi Banking &
Investment Corp (M) Bhd
Bank Islam
BSN
Shariah Panel, SC
IBFIM
CIMB
CIMB Islamic Bank Berhad
Hong Leong
Public
RHB
Amanah Raya
Apex
ECM Libra
HwangDBS
ING
Inter-Pacific
Kenanga
MAA
MIDF Amanah
OSK-UOB
Pacific
PMB
PNB
Amanie Advisors, SC
ZI Shariah Advisory Services
RHB Islamic Bank Berhad
IBFIM
Shariah Committee, SC
IBFIM
IBFIM
IBFIM
Amanie Advisors
IBFIM
IBFIM
MIDF Shariah Committee
IBFIM
BIMB Securities
BIMB Securities
Shariah Committee
Amanie Advisors
IBFIM
Prudential
TA
Cash
+ IBS*
33%
50%
33%
TA
TA
TA
Securities Commission
FTSE, SC
Pheim
Receivables
+ Cash
Receivables
SAC
FBM Hijrah
Shariah Index
AmBank
Liquidity Screen
Amanie Advisors
IBFIM
IBFIM
Note: *IBS = Interest bearing securities.
ISLAM AND CIVILISATIONAL RENEWAL
33%
49%
33%
MVEq
MVEq
MVEq
30%
30%
MCap
MCap
33%
45%
33%
AvMCap
AvMCap
AvMCap
33%
33%
33%
AvMCap
AvMCap
AvMCap
30%
45%
30%
MCap
AvMCap
MCap
30%
45%
30%
AvMCap
TA
AvMCap
33%
45%
AvMCap
MCap
SHARIAH-COMPLIANT SCREENING PRACTICES IN MALAYSIA
346
It should be mentioned that the use of a financial ratio is still subject to much
debate, both in the ratio specification as well as in the critical cut-off point. For
example, should we include all debts or just conventional debts in calculating the
debt ratio? Filtering the involvement of companies in interest-based financing
has merit in the sense that this is a clearly prohibited transaction, but there is no
clear Shariah ruling on companies operating on high leverage if the debts are
Shariah-compliant. Secondly, it may be understandable to screen for cash placed
in conventional money-market instruments and other short-term deposits, not as
a measure of liquidity per se, but rather as an additional measure of Shariah noncompliance in financial management. This is indeed the position taken by the
Securities Commission in its new screening methodology. However, there is an
alternative view as explained by Khatkatay and Nisar (2006) and Shaikh (2010),
that Islam does not allow income to be derived from liquid assets. According to
this view the market value of liquid assets is equal to the residual of the market
value of equity after netting out fixed assets and external financing. Some Islamic
scholars have stated that there should be a limit to this market value of liquid
assets. Flaws to this approach have been pointed out by Khatkatay and Nisar
(2006).
Summary and Conclusion
This study reviews twenty-eight equity screen users in the Malaysian Islamic
capital market. The objective of this review is to document the various screening
processes and to draw out common rules and practices. The users are mainly
mutual fund managers affiliated with various financial institutions such as
investment houses, banks and insurance companies. The comprehensive data
also include the Securities Commission and two major Shariah index providers.
Information on the screening practices is obtained from the official sites of the
respective users and their financial advisors during 2012.
The foremost screen provider in the Malaysian Islamic capital market is the
Securities Commission, the capital market regulator, which began to screen
for Shariah-compliant securities in 1995. The Securities Commission, with the
overriding objective to develop the Islamic capital market, employs a more
liberal screening process that allows more securities to be classified as Shariahcompliant. The screen applied is the industry screen that filters companies based
on the percentage of the Shariah non-compliant component in the companies’
income. Nevertheless, the Securities Commission has announced that it would
begin to apply the industry as well as financial ratio screens beginning in
November 2013, a move that is seen as more in line with international practices.
ICR 4.3 Produced and distributed by IAIS Malaysia
347
MOHAMED AZAM MOHAMED ADIL ET AL.
Reviewing the practices of the rest of local screen users, it is found that the
majority of these users follow the practice of the Securities Commission. We
also found that all users apply both qualitative and some form of quantitative
screening processes. The qualitative screen filters companies that are clearly
Shariah non-compliant based on their main business activities. Those passing
the qualitative screen are then subjected to non-permissible income screening,
which is the first part of the quantitative screening. In this stage the percentage
contribution of various non-permissible incomes is measured against their
respective benchmarks. Those passing this stage are further tested by financial
ratio screening. Two ratios are basically applied in the financial ratio screening
– debt ratio and cash ratio – and these are measured against pre-determined
benchmarks. Most users apply either a 30 percent or 33 percent benchmark based
on either total assets or equity market values.
Policy Recommendations
• From a policy standpoint, the Securities Commission needs to strike a balance
in its role between regulating and developing the Islamic capital market. A
strict screening standard would have the effect of reducing the universe of
Islamic securities and thus curtail the development and growth of the Islamic
capital market. On the other hand, too liberal screening processes may
jeopardise the local market in the eyes of international Islamic investors.
• The move to use financial ratios in addition to the simplification of the current
non-permissible income screening may be considered as the right combination
to move forward.
• Shariah screening would result in only a subset of the entire market being
available to Islamic investors, putting them at a disadvantage from the
perspective of an efficient portfolio.
• It is hoped that more securities would be encouraged to be Shariah-compliant
in the future and in the meantime investors should aggressively screen
international securities to expand their investment universe in order to achieve
equitable returns.
• Debt is a worrying problem and a major driver of financial crises. Hence
the limits on debt-based trade and finance should be carefully observed. This
recommendation stands for both Islamic and conventional finance.
• Furthermore, regulatory authorities and government should reconsider the tax
incentives given to debt-based financing. At present debt- and credit-based
financing is preferred to asset-backed transactions simply because of the tax
advantages for debt, which make it more appealing. These incentives should
be reconsidered.
ISLAM AND CIVILISATIONAL RENEWAL
SHARIAH-COMPLIANT SCREENING PRACTICES IN MALAYSIA
348
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Notes
*
Mohamed Azam Mohamed Adil is Deputy CEO cum Principal Fellow at IAIS Malaysia, and Associate
Professor at Universiti Teknologi MARA (UiTM), Shah Alam, Malaysia.
Catherine S. F. Ho is the Head of the Centre for Finance, Insurance, Economics and Islamic Banking
Studies at the Faculty of Business Management, Universiti Teknologi MARA (UiTM), Shah Alam.
Mansor Md. Isa is Professor of Finance at the Faculty of Business and Accountancy, University of
Malaya. He is now attached with Capital Market Authority, Saudi Arabia.
Ezani Yaakub is Deputy Dean, Research and Industrial Linkages, Academy of Contemporary Islamic
Studies (ACIS), Universiti Teknologi MARA (UiTM) Shah Alam, specialised in Islamic Economics.
Mohammad Mahyuddin Khalid is a lecturer at Academy of Contemporary Islamic Studies (ACIS),
Universiti Teknologi MARA (UiTM) Shah Alam, specialised in Islamic Economics.
1.
Our attempts to obtain information from other investment institutions such as EPF, KWAP, LTAT, Takaful
and Tabung Haji have not been successful. Therefore we are unable to include them in our analysis.
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