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Islamic Mode of Finance

The document outlines a comprehensive course on Islamic banking and finance, covering key concepts, sources of Shari’ah, and the evolution of Islamic finance in Pakistan. It emphasizes the differences between Islamic and conventional banking, the significance of various Islamic legal schools, and the implications of core principles such as Riba, Gharar, and Maysir. The course aims to equip students with the necessary knowledge and skills for careers in Islamic finance, highlighting the growing global market and its diverse segments.

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0% found this document useful (0 votes)
23 views28 pages

Islamic Mode of Finance

The document outlines a comprehensive course on Islamic banking and finance, covering key concepts, sources of Shari’ah, and the evolution of Islamic finance in Pakistan. It emphasizes the differences between Islamic and conventional banking, the significance of various Islamic legal schools, and the implications of core principles such as Riba, Gharar, and Maysir. The course aims to equip students with the necessary knowledge and skills for careers in Islamic finance, highlighting the growing global market and its diverse segments.

Uploaded by

maisumcloud
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Module 1: Introduction to the Course

• Course Overview:
o Covers fundamental principles, theory, and practice of Islamic banking and
finance.
o Focuses on Islamic banking practices in Pakistan.
o Highlights differences between Islamic and conventional financial products.
• Learning Objectives:
o Introduce students to Islamic banking and finance comprehensively.
o Emphasize differences between Islamic and conventional finance.
o Prepare students for entry-level roles or advanced studies in Islamic finance.
• Learning Outcomes:
o Achieve basic competency in Islamic banking and finance.
o Understand and appreciate differences between Islamic and conventional
banking.
o Be ready for entry-level positions or pursue higher qualifications.
• Recommended Textbooks:
o Islamic Law of Contract and Business Transactions by Dr. Tahir Mansoori.
o Islamic Finance by Dr. Muhammad Imran Ashraf Usmani (Meezan Bank’s Guide,
revised).
o Understanding Islamic Finance by Muhammad Ayub.

Key Takeaway: This course provides a foundation in Islamic finance, equipping students with
practical and theoretical knowledge for career readiness.

Module 2: Some Fundamental General Concepts

• Deen:
o Recognition of the universal system and living in harmony with it.
o Broad, generic concept encompassing life’s principles.
• Shari’ah:
o Framework prescribed by Islam for believers to live in submission to Allah.
o Specific guidance for leading a religious life.
• Fiqh:
o Understanding Shari’ah requirements to derive specific rules and regulations.
o Acts as a rulebook drawn from Shari’ah.
• Differences:
o Deen: Very generic, universal.
o Shari’ah: Specific Islamic framework.
o Fiqh: Detailed rules derived from Shari’ah for practical application.

Key Takeaway: Deen, Shari’ah, and Fiqh form a hierarchy of Islamic principles, with Fiqh
providing actionable rules for compliance in finance and daily life.
Module 3: Sources of Shari’ah

• Four Fundamental Sources:


1. Quran:
▪ Revealed book, preserved in original form.
▪ Offers general guidance, not a detailed rulebook.
2. Sunnah:
▪ Recorded sayings and actions of Prophet Muhammad (PBUH).
▪ Provides detailed guidance on permissible and prohibited actions.
3. Ijma’:
▪ Consensus among scholars on matters lacking clear Quran/Sunnah
guidance.
▪ Contemporary example: Rulings by OIC’s Fiqh Academy.
4. Qiyas:
▪ Analogical reasoning to judge new phenomena based on similarities to
existing rulings.
▪ Used when Quran, Sunnah, and Ijma’ are silent.
• Ijtihad:
o Process of deriving new rulings for unprecedented issues.
o Performed by qualified experts (Mujtahids) when all Shari’ah sources are silent.

Key Takeaway: Shari’ah sources (Quran, Sunnah, Ijma’, Qiyas) provide a structured approach to
Islamic law, with Ijtihad enabling adaptation to new contexts like finance.

Module 4: Schools of Islamic Legal Thought

• Major Schools:
1. Hanafi:
▪ Largest school, prevalent in Indian subcontinent, Turkey, Central Asia.
2. Shafa’ii:
▪ Second largest, dominant in Egypt, Malaysia.
3. Hanbali:
▪ Prevalent in Saudi Arabia.
4. Maliki:
▪ Common in Sudan, North Africa.
5. Ja’afari/Zaidi:
▪ Associated with Shia Islam.
6. Others:
▪ Smaller or less widespread schools.
• Significance:
o Different schools interpret Shari’ah, influencing Islamic finance practices
globally.

Key Takeaway: Understanding regional school dominance (e.g., Hanafi in Pakistan) is key for
applying Islamic finance principles locally.
Module 5: Islamic Finance in a Global Context

• Historical Development:
o Emerged in countries like Philippines, Egypt, Pakistan, UAE, Saudi Arabia.
• Geographic Spread:
o Strong in GCC countries, Muslim world, and growing in the West.
• Segments:
o Islamic banking, capital markets, Takaful (Islamic insurance), microfinance.
• Current State:
o Global Islamic finance market: $2.941 trillion (2021, Global Islamic Finance
Report).

Key Takeaway: Islamic finance is a growing global industry with diverse segments, offering
opportunities for businesses like Reborn Business Solutions in markets like Saudi Arabia.

Module 6: Islamic Banking and Finance in Pakistan

• History:
o 1960s: Failed Islamic cooperative bank in Karachi (lasted 6 months).
o 1980s: Military government attempted full banking system Islamization.
o 1990s: Struggle for Islamization; Modaraba Companies Ordinance (1980).
o 2000s Onward:
▪ First full-fledged Islamic bank in 2002.
▪ Now: 5 Islamic banks, 17 conventional banks with Islamic windows.
▪ Active Islamic fund management, Sukuk issuance, Takaful, microfinance.
• Intellectual Thoughts:
o Contributions from Ulama and first-generation Islamic economists.
• Demand:
o Political and constitutional push for an Islamic economic system.

Key Takeaway: Pakistan’s Islamic finance sector has evolved significantly since 2002, offering
a robust ecosystem for career opportunities and business ventures.

Module 7: Islamic Banking and Finance in an Islamic Economic Context

• Islamic Economy:
o Operates on Islamic principles governing economic activities.
o Islamic Economics: Studies behavior of economic actors in this system.
• Islamic Economic Institutions:
o State, social sector, private sector, international institutions.
• Role of Islamic Banking:
o Mobilizes savings and finances economic activities.
o Not responsible for social goals (e.g., poverty eradication).
o Social goals handled by Awqaf (endowments) and specialized development
finance institutions.

Key Takeaway: Islamic banking supports economic activities within an Islamic economy,
distinct from social welfare roles handled by other institutions.

Module 8: Islamic and Conventional Banking

• What is a Bank?:
o Financial intermediary that collects deposits and offers credit.
• Islamic Bank:
o Acts as a financial intermediary but offers financing (not credit) based on
Shari’ah-compliant contracts (e.g., Murabaha, Ijara).
o Can collect deposits and provide financing, but avoids interest (Riba).
• Differences:
o Islamic banks follow Shari’ah principles, avoiding Riba, Gharar, and unethical
investments.
o Despite differences, Islamic banks resemble conventional banks in structure and
value proposition (financial intermediation).
o Behavior differs (e.g., profit-sharing vs. interest), but both serve similar economic
roles.

Key Takeaway: Islamic banks align with Shari’ah, offering financing instead of interest-based
credit, but maintain a bank-like structure.

Module 9: Three Fundamental Concepts in Shari’ah: Riba

• Riba (Interest):
o Defined as the difference in quantities in an unequal exchange of anything (not
just money).
o Applies to all items, e.g., exchanging 1 kg of dates for 2 kg of dates.
• What is Prohibited?:
o Compulsion in unequal exchanges (e.g., forcing someone to pay extra).
o Unilateral, voluntary extra payment (without prior agreement) is not Riba;
considered a gift.
• Significance:
o Prohibition ensures fairness and prevents exploitation in transactions.

Key Takeaway: Riba is prohibited when it involves compelled unequal exchanges, a core
principle for Islamic finance contracts.
Module 10: Three Fundamental Concepts in Shari’ah: Gharar

• Gharar (Uncertainty):
o Definition: Lack of knowledge or explicit agreement on contract terms and
conditions.
o Involves ambiguity that may lead to disputes or disagreement.
• What is Prohibited?:
o Contractual uncertainty (not general uncertainty).
o Any ambiguity in contracts that could cause disputes is forbidden.
o Example: Selling an item without specifying price, quantity, or delivery terms.
• Scope:
o Some argue Gharar covers general uncertainty and speculation, but the
prohibition focuses on contract-specific issues.

Key Takeaway: Gharar is prohibited in contracts to ensure clarity and fairness, critical for
Shari’ah-compliant financial agreements.

Module 11: Three Fundamental Concepts in Shari’ah: Maysir


• Maysir (Gambling):
o Defined as gambling, where two or more people pool money to reward one or all
disproportionately to their contributions, based on a game, random process, or
event.
• What is Prohibited?:
o Rewarding disproportionately to contributions based on random events.
o Characterized as a zero-sum game, where one person’s loss is another’s gain.
o Question raised: Are Prize Bonds prohibited in Islam?

Module 12: Economic Explication of Riba


• Nature of Riba:
o Involves inequality in exchanging commodities, money, or anything of value,
where one party gives more than the other.
o In interest-based money exchange, the additional amount causes money to lose
value.
• End Result:
o Charging interest creates a debt bubble, diluting everyone’s ownership of money.
o Inflation results from interest-based lending.
o Value-reducing systems are not welfare-enhancing.
o Riba is prohibited as it unjustly expropriates others’ wealth.
Module 13: Controversies over Riba
• Misconception 1:
o Interest can be charged to cover inflation losses.
o Wrong: Inflation is a macro phenomenon; borrowers should not be penalized.
• Misconception 2:
o Riba only covers usury, not interest, or only compound interest is prohibited.
o Wrong: Past English translations incorrectly limited Riba to usury.
• Controversy 1: Bank Interest is Not Prohibited:
o Claim: Only interest on consumption loans is prohibited.
o Wrong: Bank interest includes default penalties, making it Riba.
• Controversy 2: Riba is Misunderstood:
o Claim: Riba is complex and unclear.
o Wrong: Riba’s meaning and scope are well-understood.
Module 14: Islamic Dealings (Mu’amalaat)
• Contract:
o Basis of all Islamic dealings; governs buying, selling, renting, or giving for free.
o Muslims are bound by implicit or explicit contracts.
• What is a Contract?:
o Mutual agreement between parties for Shari’ah-compliant actions under agreed
terms.
• A Valid Contract:
o Between sane, adult, free individuals agreeing on price, payment, and delivery of
a halal object.
o Ambiguity in transactors, price, or object may invalidate it due to Gharar.
• Base Level Contract:
o Spot contract: Immediate payment and delivery, Gharar-free (known transactors,
price, object).
• Other Variants of a Contract:
o Only one countervalue (price or delivery) can be delayed, not both.
o Delayed price or item must be known (attributes, quantity).
• Rules About Sale and Purchase of Money:
o Currencies can be bought/sold only on spot.
Module 15: Types of Islamic Contracts
• Five Categories and Other Arrangements:
o Sale contracts, lease contracts, investment contracts, supporting contracts,
gratuitous contracts.
o Other arrangements: Wa’ad, Tawarruq, Takaful, Sukuk, Tahawwut.
• Sale Contracts:
o Spot sale, deferred payment (Bai’ Mu’ajjal), deferred delivery (Bai’ Salam),
commissioned sale (Bai’ Istisna’), cost-plus (Murabaha).
• Lease Contracts:
o Simple lease (Ijara), hire purchase (Ijara Muntahiya Bittamlik), forward lease
(Ijara Mausufa Fidzimma), lease with gift (Ijara wa Iqtina’).
• Investment Contracts:
o Musharaka, Mudaraba.
• Supporting Contracts:
o Agency (Wakala), Juala (service agency), guarantee (Kafala), pledge (Rehn),
remittance (Hawala).
Module 17: Sale Contracts
• Trade as the Engine of Growth:
o Trade is the basis of business in Islam.
o Islamic banking and finance relies on trading or financing trade.
• Trading and Profit:
o No upper limit on profit, provided no monopoly or market manipulation.
• Anything and Everything Can be Bought and Sold:
o Except haram goods/services, non-existent goods/services, or goods not owned
by the seller.
• Public Goods Cannot Be Bought and Sold:
o Air, water, right of passage.
Module 18: Spot Sale
• Base Level Contract:
o Immediate price payment and delivery.
o Safest, least risky, paradoxically most profitable, and seemingly most prevalent.
• Trading and Profit:
o No upper limit on profit, provided no monopoly or market manipulation.
Module 19: Deferred Payment Sale
• Bai’ Mu’ajjal:
o Immediate delivery, price deferred to a future date.
o Price payable in installments.
o Deferred price can be higher than spot price.
• Time Value of Money:
o Not recognized in Islam, but time is valued.
o Deferment of price can be priced.
o Pricing deferment of debt is strictly prohibited.
Module 20: Salam Sale
• Salam Sale:
o Historically for agricultural produce.
o Seller generates upfront liquidity; buyer ensures future supply.
o Salam price typically lower than market price.
o Applies to generic items, not specific items.
• Is Salam a Forward Sale Contract?:
o Yes, in a limited sense.
o Used by Islamic banks globally, e.g., Sudan for farming finance.
• Important:
o Salam price cannot be changed once agreed, even if delivery is late.
Module 21: Istisna’ Sale
• Istisna’ Sale:
o Commissioned manufacturing, e.g., construction, shipbuilding, furniture on order.
o Price paid in installments; object delivered when ready.
• Example:
o Construction company sells planned houses.
o Buyers pay advance and quarterly installments based on progress.
o After 9 months, house is delivered, and full price paid.
• Istisna’ in Islamic Finance:
o Used in Sukuk, project finance, infrastructure projects.
Module 22: Bai’ ‘Ina
• Bai’ ‘Ina (Buy-back Sale):
o Not accepted by most Islamic law schools, except a minority Shafa’ii view in
Malaysia.
o Heavily used in Malaysia but being phased out.
• Structure:
o Two sales: Seller 1 sells to Buyer 1 on deferred payment (price P1); Buyer 1 (now
Seller 2) sells back to Seller 1 for cash (price P2, P2 < P1).
o Result: Financing facility where Seller 1 gets P2 with financing cost (P1 - P2).
• Validity:
o Valid if implemented properly but remains controversial.
Module 23: Tawarruq
• Tawarruq:
o Most rampant contract in Islamic banking and finance.
o Used in Islamic retail banking, Sukuk, and liquidity management solutions.
o Tri-partite arrangement (requires diagram for understanding).
• Validity:
o Valid contract if implemented properly.
o Remains controversial.
Module 24: Lease Contracts
• Lease Contracts:
o Extension of sale contract; object of sale is usufruct of the asset, not the asset
itself.
o Rent can be paid upfront, in installments, or at the end.
o Leased asset must remain intact and be returned at the end of the lease period.
• Assets to be Leased:
o Money cannot be leased if rent is in money.
o Leasing money for non-money rent (e.g., wheat) is not acceptable; Salam sale
contract applies instead.
Module 25: Simple Lease
• Ijara:
o Lessor leases an asset to lessee for an agreed period and rent.
o Leased asset must be available for lessee’s use.
o Lessee pays rent per agreed terms.
• Important Considerations:
o Lessee not responsible for asset loss unless negligent.
o Maintenance is lessor’s responsibility.
o Lessee may buy Islamic insurance on lessor’s behalf.
• Operating Lease:
o Form of simple lease.
o Most Islamic banks do not practice it.
o Some Leasing Mudarabas in Pakistan use it for industrial machinery.
Module 26: Hire Purchase
• Ijara Muntahiya Bittamlik:
o Lessee becomes owner of leased asset at lease period’s end.
o Rental includes pure rent and asset price component.
• Important Considerations:
o Lessor remains owner during lease period.
o If asset perishes before ownership transfer, lessor returns asset price
component (if lessee not responsible).
• Financial Lease:
o Example of financial lease, subject to jurisdictional accounting laws.
o Used by Islamic banks for car, home, and durable goods financing.
Module 27: Forward Lease
• Ijara Mausufa Fidzimma:
o Forward lease contract is permissible, unlike forward sale.
o Lessor receives rental for an asset yet to exist.
o Used in property market and Sukuk.
• Important Considerations:
o Credible evidence required that leased asset will exist during lease period (e.g.,
construction schedule).
o Once delivered to lessor, asset remains available for lessee’s use during lease
agreement.
Module 28: Lease to Gift
• Ijara wa Iqtina’:
o Used for hire purchase; lessee becomes owner if lease obligations are fulfilled by
lease period’s end.
o Lessor may inflate rental to include asset price.
o Lessee has right to own asset at lease end.
• Important Considerations:
o Binding contract for gifting asset.
o If lessee fulfills obligations, lessor cannot retract gifting.
o Used by Islamic banks for home, car, and durable goods financing.
Module 30: Lease to Gift
• Ijara wa Iqtina’:
o Used for hire purchase; lessee becomes owner if lease obligations are fulfilled by
lease period’s end.
o Lessor may inflate rental to include asset price.
o Lessee has right to own asset at lease end.
• Important Considerations:
o Binding contract for gifting asset.
o If lessee fulfills obligations, lessor cannot retract gifting.
o Used by Islamic banks for home, car, and durable goods financing.
Module 31: Investment Contracts
• Basic Principles:
o No fixed return allowed on investments.
o Losses shared per investment shares.
o Profit sharing per partners’ agreement.
• Investment Agency:
o Simplest form is Wakala for investment activity.
o Fund manager invests for investor without profit sharing; fixed or proportionate
fee agreed.
• Mainstream Islamic Investment Contracts:
o Mudaraba, Musharaka, Wakala Istithmar.
Module 32: Mudaraba
• Mudaraba:
o [No specific details provided in slide content.]
Module 33: Musharaka
• Musharaka:
o [No specific details provided in slide content.]
Module 34: Investment Agency
• Investment Agency:
o [No specific details provided in slide content.]
Module 35: Video 1
• Objectives:
o Deepen understanding via a YouTube video on prohibition of interest.
o Explain why controversies around Riba are invalid, focusing on Riba theme.
o Encourage students to watch other videos to form own opinions.
• Video Link:
o [YouTube link provided in slide].
• Important Points:
o Interest executed through bilateral contract; both giving and taking interest
prohibited.
o Incorrect to argue only charging interest is prohibited, not giving it.
o Interviewee correctly distinguishes between rent and interest.
Module 36: Time Value of Money
• Controversy over Time Value of Money:
o Confusion in Islamic economics, banking, and finance circles.
o Some accept TVM in Islamic framework; others oppose.
• What is TVM?:
o Value of $1 decreases in future, not due to inflation but due to discount formula
for Present Value.
• Present Value Formula:
o PV = FV / (1 + r), where r is typically interest rate.
o FV = PV (1 + r).
• TVM and Justification of Interest:
o Justifying interest with TVM is tautological, like defining a calf as a calf.
Module 37: Applications of Islamic Legal Contracts
• Islamic Legal Contracts and Modes of Financing:
o Cannot be used in original forms as banking tools.
o Contemporary Shari’a scholars developed opinions on their use.
o Shari’a Standards by Accounting and Auditing Organisation for Islamic Financial
Institutions provide best compendium.
• Combining Contracts:
o Most Islamic financial products combine multiple contracts.
o Well-defined rules for combining contracts must be observed.
• Islamic Modes of Financing:
o Murabaha as financing differs from classical Murabaha.
o Musharaka for home financing involves multiple arrangements.
o Murabaha, Musharaka, Mudaraba are main contracts in respective structures.
Module 38: Mudaraba-based Investment Accounts - 1
• Profit Sharing Investment Accounts (PSIAs):
o Based on Mudaraba, two types: Restricted and Unrestricted PSIAs.
• Restricted PSIAs:
o Offered to public with known terms and conditions.
o Funds used for specific activity (e.g., car financing).
o Indicative (non-guaranteed) rate of return offered.
o Customers deposit money, pooled in Mudaraba Pool (may include bank
shareholders’ contribution).
o Pool used for specific financing activity.
• Distribution of Profit to Restricted PSIA Holders:
o Profit distributed pro rata per agreed profit distribution ratio.
o Losses borne pro rata per investment shares.
• Example (Restricted PSIA):
o Individual account: $1; Mudaraba Pool: $1,000,000; Car Financing: $1,000,000.
o Profit: $250,000; Indicative Rate: 10%; Profit Distribution Ratio: 50:50.
o Bank’s Share: $125,000; PSIA’s Share: $125,000; Excess Pool: $0.
o Alternative scenario: Profit Distribution Ratio 10:90, Distributable Profit 13.88%,
PSIA’s Share $90,000, Excess $35,000.
Module 39: Mudaraba-based Investment Accounts - 2
• Unrestricted Profit Sharing Investment Accounts (UPSIAs):
o More flexible than Restricted PSIAs.
• Unrestricted PSIAs:
o Offered to public with known terms and conditions.
o Funds used for any legitimate activity.
o Indicative (non-guaranteed) rate of return offered.
o Customers deposit money, pooled in Mudaraba Pool (may include bank
shareholders’ contribution).
o Pool used for general banking activities.
• Distribution of Profit to UPSIA Holders:
o Profit distributed pro rata per agreed profit distribution ratio.
o Losses borne pro rata per investment shares.
• Example (UPSIA):
o Individual account: $1; Mudaraba Pool: $1,000,000,000; Various Financing:
$1,000,000,000.
o Profit: $250,000,000; Indicative Rate: 10%; Profit Distribution Ratio: 50:50.
o Bank’s Share: $125,000,000; UPSIA’s Share: $125,000,000; Investment Risk
Reserve: $0.
o Alternative scenario: Profit Distribution Ratio 10:90, Distributable Profit 13.88%,
UPSIA’s Share $90,000,000, Investment Risk Reserve $35,000,000, Profit
Equalisation Reserve $25,000,000.
o Another scenario: Profit $150,000,000, Distributable Profit 8.33%, Bank’s Share
$75,000,000, UPSIA’s Share $75,000,000, Investment Risk Reserve $10,000,000,
Profit Equalisation Reserve $5,000,000.
• Ownership of PER and IRR:
o Investment Risk Reserve (IRR) belongs to UPSIA holders.
o Profit Equalisation Reserve (PER) belongs to shareholders and UPSIA holders pro
rata per profit distribution ratio.
Module 40: Recap 1
• Assessment of Learning Achievement:
o Short quiz to gauge student achievement and provide feedback for course
delivery.
• Quiz Question:
o Which cannot be bought/sold on a Salam basis?
▪ A. Burj Khalifa
▪ B. Ribawi Commodities
▪ C. Cars
▪ D. Items sold through Amazon
• Correct Answer:
o A. Burj Khalifa: Specific items cannot be bought/sold on Salam; only generic
items with specified details.
• Incorrect Answers:
o B. Ribawi Commodities (wheat, barley, salt, dates, silver, gold) can be sold on
Salam, though exchanged on spot among themselves.
o C. Cars can be sold on Salam if not specific (e.g., specified model, color).
o D. Generic Shari’a-compliant items on platforms like Amazon can be sold on
Salam; specific plots/houses (e.g., on Zameen.com) cannot.
Module 41: Practical Issues in PSIAs - 1
• Questions:
o Is it permissible to open a PSIA with a conventional bank?
o Is it permissible for a bank to change profit sharing ratio unilaterally?
o Treatment of funds in Profit Equalisation Reserve and Investment Risk Reserve?
o Can Islamic banks guarantee capital and return on PSIAs?
• Answer to Question 1:
o Permissible to open a PSIA with a conventional bank if Mudaraba pool is
segregated (not mingled with other funds).
o Mudaraba allowed between legal persons (individuals or companies, including
non-Muslims).
o Acceptable with conventional bank’s Islamic Banking Window or similar setup.
Module 42: Practical Issues in PSIAs - 2
• Questions:
o Is it permissible to open a PSIA with a conventional bank?
o Is it permissible for a bank to change profit sharing ratio unilaterally?
o Treatment of funds in Profit Equalisation Reserve and Investment Risk Reserve?
o Can Islamic banks guarantee capital and return on PSIAs?
• Answer to Question 2:
o Profit sharing ratio in Mudaraba cannot be changed unilaterally.
o New ratio can be agreed mutually with PSIA holders’ consent.
• Consent Process:
o Decision made with Shari’a Supervisory Committee/Board approval.
o Publicly announced or communicated via letter, email, or text to PSIA holders.
o PSIA holders must explicitly accept offer.
o No response by specified date deemed acceptance if account not redeemed.
Module 43: Practical Issues in PSIAs - 3
• Questions:
o Is it permissible to open a PSIA with a conventional bank?
o Is it permissible for a bank to change the profit sharing ratio unilaterally?
o What is the treatment of funds in Profit Equalisation Reserve and Investment
Risk Reserve?
o Is it permissible for an Islamic bank to offer guarantee of capital and return on
PSIAs?
• Answer to Question 3:
o Excess funds in Profit Equalisation Reserve (PER) shared between shareholders
and PSIA holders.
o Funds in Investment Risk Reserve (IRR) belong to PSIA holders.
• Example:
o Individual Account: $1; Mudaraba Pool: $1,000,000,000; Various Financing:
$1,000,000,000.
o Profit: $250,000,000; Indicative Rate: 10%; Profit Distribution Ratio: 50:50 or
10:90.
o Distributable Profit: 10.5%; Bank’s Share: $125,000,000; Shareholders’ Share:
$105,000,000.
o PSIA Holders’ Share: $90,000,000; IRR: $500,000; PER: $20,000,000; Share of
PSIA Holders and Shareholders: $10,500,000.
Module 44: Practical Issues in PSIAs - 4
• Questions:
o Is it permissible to open a PSIA with a conventional bank?
o Is it permissible for a bank to change the profit sharing ratio unilaterally?
o What is the treatment of funds in Profit Equalisation Reserve and Investment
Risk Reserve?
o Is it permissible for an Islamic bank to offer guarantee of capital and return on
PSIAs?
• Answer to Question 4:
o Not permissible for Islamic bank to guarantee capital or fixed return on PSIAs.
o Mudaraba does not allow capital guarantee or fixed return.
o PER and IRR are profit smoothening reserves for certainty, not guarantees.
• Regulatory Context:
o Some regulators treat PSIAs as deposits, requiring Islamic banks to manage
them as such absent specific PSIA regulations.
Module 45: PSIAs – Complete Story
• Objective:
o Understand complete application of Mudaraba in Islamic banking via PSIA funds
flow.
• PSIA Details:
o Indicative Rate of Return: 10%; Profit Distribution Ratio: 50:50.
o Term: 3 years; Profit Distribution Frequency: Yearly; Minimum Investment:
Rs10,000.
• Funds Flow Example:
o PSIA Account: Rs10,000; Mudaraba Pool: Rs1 billion; Shareholders’ Equity: Rs100
million.
o Financing Activities: Rs1 billion; Profit: Rs250 million (25%).
o Distributable Profit: 10.5%; Bank’s Share: Rs125,000,000; Shareholders’ Share:
Rs105,000,000.
o PSIA Holders’ Share: Rs90,000,000; IRR: Rs500,000; PER: Rs20,000,000.
o Individual Share: Rs999.99; Shareholders: Rs2 million; PSIA: Rs18 million; PER
Share: Rs198; IRR Share: Rs5.5.
• Profit Distribution:
o Some profits distributed, some retained for profit smoothening.
o Final distribution at term end based on PER and IRR funds.
Module 47: Uses of Murabaha - 1
• Uses of Murabaha:
o Applied in retail banking, liquidity management, and capital markets.
• Murabaha for Home Financing:
o Bank buys house from market, sells to customer for disclosed profit.
o Customer pays in monthly installments.
• Process:
o Customer identifies house, negotiates with vendor.
o Approaches Islamic bank for financing.
o Bank approves, buys house for cash, sells to customer for profit.
o Customer signs Purchase Undertaking (Wa’ad).
o Bank buys house via solicitor, sells to customer; profit is price difference.
Module 48: Uses of Murabaha - 2
• Classical Murabaha:
o Cost-plus spot sale with disclosed profit.
o Reduces information asymmetry, used in intra-group transactions.
• Contracts Used in Murabaha Financing:
o Application Form.
o Purchase Undertaking.
o Murabaha Sale and Purchase Agreement.
o Sale and Purchase Agreement (Bank and Vendor).
o Wakala Agreement.
o Takaful Agreement.
o Collateral Agreement.
o General Terms and Conditions.
o Transfer of Liability Agreement.
Module 49: Uses of Murabaha - 3 (Car Financing)
• Process of Murabaha Car Financing:
o Customer identifies car, negotiates with vendor/dealer on price and delivery.
o Approaches Islamic bank for financing.
o Bank approves, buys car for cash, sells to customer for disclosed profit.
o Customer pays monthly installments.
• Steps:
o Customer signs Purchase Undertaking (Wa’ad).
o Bank appoints customer as Buying Agent, informs vendor to deal with customer.
o Bank pays vendor, prepares sale documents with customer.
o Car delivered; profit is difference between bank’s purchase (P1) and sale price
(P2).
Module 50: Uses of Murabaha - 4 (Treatment of Default)
• Treatment of Default and Early Payment:
o No contractual default penalty; compensation for actual loss (decided by third
party, e.g., court).
o Credit seller not obligated to offer early payment rebate.
• Practice:
o Islamic banks apply default penalties (minus administration costs, donated to
charity).
o Regulators require early payment discounts.
• Example:
o Total Debt: Rs500,000; Tenure: 5 years; 47/50 installments paid; Outstanding:
Rs83,333.33.
o Late Payment Penalty Formula: 1% x [Days of Default/Total Days Left] x
Outstanding.
o Example: 1% x [90/210] x Rs83,333.33 = Rs357.14.
• Regulatory Note:
o Some jurisdictions use conventional bank rates for penalties to deter willful
default.
Module 51: Uses of Murabaha - 5 (Treatment of Early Payment)
• Treatment of Early Payment:
o Regulators require Islamic banks to offer early payment discount.
o Seller has discretion to not offer discount once Murabaha price agreed.
o Rebate = Amount Outstanding minus Administrative Charge.
• Example:
o Total Debt: Rs500,000; Tenure: 5 years; 47/50 installments paid; Outstanding:
Rs83,333.33.
o Rebate Formula: Murabaha Rate x [Days Left/Total Days] x Outstanding.
o Example (10% rate): 10% x [300/1825] x Rs83,333.33 = Rs8.22.
• Settlement Amount:
o Total Outstanding - Rebate + Administrative Charge.
Module 52: Uses of Murabaha - 6 (Tawarruq)
• Tawarruq for Personal Finance:
o Islamic banking avoids cash credit; Tawarruq provides synthetic cash access.
• Process:
o Customer needs cash; Islamic bank buys Commodity X on spot from Broker 1.
o Bank sells Commodity X to customer on credit.
o Customer sells Commodity X on spot to Broker 2 for cash.
• Status:
o Compromised solution, increasing use in Islamic retail banking.
o Not allowed in Pakistan for personal financing.
Module 53: Uses of Murabaha – 7 (Tawarruq-based Personal Financing: Further Details)
• Tawarruq-based Personal Finance:
o Instant product, executable in minutes with IT.
o Complicated structure does not discourage use.
o Criticized as a bad product for Islamic banking.
• Process:
o Customer needs cash; Islamic bank buys Commodity X on spot from Broker 1
(price P0).
o Bank sells Commodity X to customer on credit (price P1, paid in installments).
o Customer sells Commodity X on spot to Broker 2 (price P0).
• Steps:
o Application, account opening, commodity purchase, commodity sale, funds
transfer, customer sells commodity, monthly installments start.
o Transaction takes minutes or half an hour based on exchange efficiency and
customer status.
Module 54: Commodity Murabaha
• Commodity Murabaha as Liquidity Management Tool:
o Popular for liquidity management by Islamic banks, unlike criticized Tawarruq for
personal finance.
o Structure same as Tawarruq.
• Process:
o Bank A (liquidity short) buys Commodity X on spot from Broker 1 (price P0).
o Bank A sells Commodity X to Bank B (excess liquidity) on credit (price P1, paid in
installments).
o Bank B sells Commodity X on spot to Broker 2 (price P0).
Module 55: Murabaha Products in Pakistan
• Murabaha Products:
o Offered by all 5 Islamic banks and 17 conventional banks with Islamic windows
in Pakistan.
o Examples: HBL Murabaha (businesses), NRSP Murabaha (SMEs), Bank Alfalah
Islamic Murabaha (working capital).
o Considered most authentic Murabaha application globally.
• Process:
o Client and Islamic bank agree on General T&Cs; dedicated Relationship Manager
(RM) appointed with commodity knowledge.
o Master Murabaha Agreement signed.
• Liquidity Management:
o Pakistan Mercantile Exchange implements Commodity Murabaha for Islamic
banks’ liquidity needs.
Module 56: Recap and Assessment - 2
• Assessment Objective:
o Gauge learning efficacy via short quiz to provide feedback for students and
instructor.
• Quiz Question:
o Islamic Modes of Financing are:
▪ A. Islamic nominated contracts in classical context.
▪ B. Banking products allowed by regulator.
▪ C. Modern applications of Islamic nominated contracts.
▪ D. Not Islamic due to different usage.
• Answers:
o A. Wrong: Islamic nominated contracts not used as centuries ago; modern
modes are composite structures.
o B. Wrong: Islamic modes are not just banking products; products are more
complex.
o C. Correct: Islamic modes are modern applications of Islamic nominated
contracts.
o D. Wrong: Islamic modes are Islamic; critics’ views questioning value proposition
are invalid.
Module 57: Uses of Musharaka 1
• Simple Musharaka:
o Joint investors in an investment fund managed by a fund manager.
o Example of Shirkat ul Milk (joint ownership); no direct contractual Musharaka
among investors.
o Profit and loss shared per investment shares.
• Structure:
o Fund manager uses Wakala (investment agency).
o Investors deemed partners among themselves.
• Scenario 1: Positive Return:
o Total Investment: $100 million; Investors: 200; Wakala Fee: 2% of AUM.
o Example: Investor 1 ($100,000, 0.001 share), Investor 2 ($50,000, 0.0005),
Investor 3 ($60,000, 0.0006).
o Net Return: $10 million; Fee: $2.2 million.
o Investor 1: $7,800; Investor 2: $3,900; Investor 3: $6,680.
• Scenario 2: Negative Return:
o Net Return: -$10 million; Fee: $1.8 million.
o Investor 1: -$11,800; Investor 2: -$5,900; Investor 3: -$7,080.
Module 58: Uses of Musharaka 2
• Diminishing Musharaka:
o Financing mode for home financing; example of Shirkat ul ’Aqd (contractual
ownership).
o Uses Ijara and other contracts.
• Process:
o Customer negotiates with vendor, agrees on house price.
o Approaches Islamic bank; application approved.
o Joint ownership established (e.g., Customer: $10,000, Bank: $190,000).
o Bank remains owner until contract end.
o Customer as lessee, bank as lessor; monthly payments (e.g., $500 = $200 rent +
$300 ownership share).
o Customer’s ownership reaches 100% by contract end.
Module 59: Uses of Musharaka 3
• Sukuk Musharaka:
o Capital market product for governments/corporates to raise funds.
o No pre-existing asset required, unlike other Sukuk structures.
• Process:
o Obligor sets up Special Purpose Vehicle (SPV).
o SPV issues Sukuk (Musharaka Certificates) to investors, detailing fund use,
indicative return, risk profile.
o Investors provide funds; SPV channels to project.
o Project returns distributed: Sukuk holders get indicative return or share
excess/loss.
o At period end, project sold to obligor; proceeds distributed to investors.
Module 60: Running Musharaka
• Running Musharaka:
o Working capital financing in Pakistan’s Islamic banks.
o Offers fixed returns to banks without capital loss exposure; example of risk
management.
• Process:
o Company A seeks working capital; Islamic bank finances via Musharaka.
o Profit ratio favors bank (e.g., 90% bank, 10% company).
• Example Scenario 1:
o Financing: Rs100,000; Expected Return: 10%; Profit: Rs50,000.
o Bank’s Share: Rs45,000; Company’s Share: Rs5,000.
o Income Pool: Rs15,000; Reserve Pool: Rs5,000.
• Example Scenario 2:
o Profit: Rs10,000; Bank’s Share: Rs9,000; Company’s Share: Rs1,000.
o Income Pool: Rs9,000; Reserve Pool: Rs1,000.
• End of Contract:
o Reserve Pool: Rs4,000.
Module 61: Running Musharaka as an Overdraft - 1
• Running Musharaka as Overdraft:
o Meezan Bank offers facility (e.g., Rs1 crore); client draws down as needed,
returns when not needed.
o During drawdown, bank and client are partners; annual profit distributed per
agreed formula.
• Example:
o Company A seeks Rs1 crore overdraft; bank uses Musharaka.
o Drawdown: Rs10 lakh for 30 days; Partnership Ratio: 99.9% (company) to 0.1%
(bank).
• Drawdown Schedule:
o Mar 31: Rs1 million (30 days); May 11: Rs10 million (20 days); June 5: Rs2 million
(10 days).
o Aug 12: Rs10 million (30 days); Oct 11: Rs1 million (15 days); Dec 5: Rs5 million
(10 days).
• Points System:
o Company Points: 365 billion; Bank Points: 615 million.
o Investment Shares: Company 99.83%, Bank 0.17%.
Module 62: Running Musharaka as an Overdraft - 2
• Profit Distribution Formula:
o Company’s Share: (99.83% x 14% of Profit) + (99.9999% x 86% of Profit).
o Bank’s Share: (0.17% x 14% of Profit) + (0.0001% x 86% of Profit).
• Example:
o Year-end Profit: Rs500 million.
o Company’s Share: (99.83% x Rs70 million) + (99.9999% x Rs430 million) =
Rs69.88 million + Rs429.99 million = Rs499.87 million.
o Bank’s Share: (0.17% x Rs70 million) + (0.0001% x Rs430 million) = Rs0.119
million + Rs0.001 million = Rs120,000.
Module 63: Uses of Ijara
• Sukuk Ijara:
o Capital market product for governments/corporates to raise funds.
o Most popular Sukuk structure based on Ijara.
o Has complicated structures, explained in Sukuk segments.
Module 64: Uses of Ijara - 2
• Ijara:
o Simple Islamic legal contract.
o Variants like Ijara Muntahiya Bittamlik and Ijara wa Iqtina’ have complicated
structures, used as Islamic modes of finance.
• Ijara Muntahiya Bittamlik:
o Hire purchase mode for financing household goods, industrial equipment,
aircraft.
o Commonly used in UAE for aircraft financing via Ijara Sukuk.
• Ijara wa Iqtina’:
o Hire purchase mode; lessee receives leased item as gift at lease end.
o Differs from Ijara Muntahiya Bittamlik where lessee buys item.
• Structure:
o Ijara Muntahiya Bittamlik: Lease contract + two undertakings (lessor, lessee).
o Ijara wa Iqtina’: Lease contract + promise to gift.
Module 65: Uses of Ijara - 3
• Car Ijara (Ijara Muntahiya Bittamlik):
o Bank purchases car from dealer, leases to customer.
o Customer makes monthly payments, buys car for nominal price at lease end.
o Payments cover car price, rental, depreciation.
o Customer holds insurance (bank’s responsibility, managed by customer).
o Service Level Agreement (SLA) for car maintenance.
• Contracts and Documents:
o Application Form, Sale and Purchase Agreement (bank-vendor), Ijara Agreement.
o Purchase Undertaking (customer), Sale Undertaking (bank), Insurance/Takaful,
SLA.
• Monthly Payment:
o Includes car price, rental, adjusted for insurance and services.
o Example: Price Rs3 million + Rental Rs2,776,243 - SLA Rs100,000 - Takaful
Rs200,000 = Rs5,476,243; Monthly Installment Rs96,270 (12.79% annual return).
Module 66: Uses of Ijara - 4
• Service Ijara:
o Innovative financing for cash needs (e.g., school fees, medical expenses, hotel
accommodation).
o Replaces Tawarruq-based personal finance.
o Pioneered by Dubai Islamic Bank.
• Process:
o Bank forward leases services (e.g., kidney transplant) to customer.
o Customer procures services from vendor (e.g., hospital), makes monthly
payments.
• Benefits:
o Shari’a authentic, fulfills genuine need, connects Islamic banks to real economy,
more profitable.
• Contracts and Documents:
o Application Form, Forward Lease Agreement (bank-vendor), Ijara Agreement,
Insurance/Takaful.
Module 67: Uses of Ijara - 5
• Islamic Aircraft Leasing:
o Many UAE aircraft deals use Ijara.
o Simple transaction with Shari’a issues.
• Process:
o Bank leases Boeing 777 to Emirates via Lease Agreement.
o Emirates makes monthly payments; aircraft returned at lease end.
• Contracts and Documents:
o Sale and Purchase Agreement (bank-Boeing), Lease Agreement (bank-airline),
Insurance/Takaful, SLA.
Module 68: Uses of Ijara - 6
• Shari’a Issues in Ijara:
o Rules governing lessor and lessee.
o Rules governing use of leased assets.
o Rules governing rental.
o Rules governing ownership and liabilities.
Module 69: Qard Hasan
• Qard Hasan as a Mode of Financing:
o Difficult for banks to use due to no immediate return allowed.
o Other limitations apply.
• Question:
o Can an individual, company, or bank extend Qard Hasan with condition that
borrower shares benefits of money use with lender?
Module 70: Practice on Qard Hasan
• Qard Hasan in Akhuwat Business:
o Excellent use by Akhuwat Foundation, generates returns.
o No Shari’a issues if no contractual compulsion on borrower to contribute beyond
borrowed amount.
Module 71: Recap 3
• Assessment Objective:
o Assess learning efficacy via short quiz for student and instructor feedback.
• Quiz Question:
o Excess funds in Profit Equalisation Reserve (PER) belong to:
▪ A. PSIA Holders.
▪ B. Bank Management.
▪ C. PSIA Holders, Bank Shareholders, Bank Management.
▪ D. PSIA Holders and Bank Shareholders.
• Answers:
o D. Correct: PER funds claimed by PSIA holders and bank shareholders per
Mudaraba pool shares.
o A. Wrong: PSIA holders claim IRR, not PER.
o B. Wrong: Bank management has no claim on PER or IRR; bank’s share deducted
before allocation.
o C. Wrong: Only PSIA holders and bank shareholders claim PER funds.
Module 72: Video 2
• Objectives:
o Deepen understanding via YouTube video on prohibition of interest.
o Explain invalidity of Riba controversies.
o Encourage students to watch other videos to form own opinions.
• Video Link:
o https://www.youtube.com/watch?v=JqdYaCYCFYg.
• Important Points:
o Criticism that Islamic banking is 100% valid is questioned.
o Mudaraba is not cost-plus.
o Holding the nose this way or that way.
o Some Islamic banks are fraudulent.
o Fatwa shopping.
VIDEO LINKS:
1- https://www.google.co.uk/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwj
tv82r2oHzAhWMkxQKHan6AAMQtwJ6BAgGEAM&url=https%3A%2F%2Fwww.youtube.c
om%2Fwatch%3Fv%3DwH3Uz5VE2Ww&usg=AOvVaw14ILt9JFCQBwBy6xAK_Sf5
2- https://www.youtube.com/watch?v=JqdYaCYCFYg

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