Intro To Islamic Finance

Mohd Johan Lee J.
Lee & Associates For Kowloon Mosque & Islamic Centre
ISLAMIC FINANCE & TAKAFUL: AN INTRODUCTION
(c) Mohd Johan Lee 2012
3/17/2012
OUTLINES
Sources of the Shariah Framework of Islamic Finance Shariah, Fiqh & Muamalat Necessary Requirements of Islamic Finance Riba, Gharar, Maysir & Others Essential Contracts in Islamic Finance Products and Instruments
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SOURCES OF THE SHARIAH
Primary Sources
The
Holy Quran
Sunnah
(the sayings, deeds and endorsements of Prophet Muhammad PBUH)
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SOURCES OF THE SHARIAH
Secondary Sources (mostly by the exercise of Ijtihad (reasoning by the learned)) Ijma (Unanimous decision of the Ulama) Qiyas (analogy) Istishan/ Istihab (equity in Islamic law) Maslahah (necessity of the people) Surdul Daraih (Blocking the means) Uruf (custom)
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FRAMEWORK OF ISLAMIC FINANCE

In general, the framework of Islamic finance is the same framework used by the conventional finance practices. These frameworks are, inter alia legal and regulatory framework, taxation framework, accounting and auditing standards, etc. Might have different or additional framework, such as accounting and auditing standard, etc, due to its peculiarity. In certain jurisdiction, Islamic banking and finance might be regulated by different sets of regulations, either separate or additional, e.g. IBA 1983
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CONTD
However, Islamic Finance, as the name suggests, has another framework, which is considered the major element that differentiates IBF from the conventional banking and finance. Any violation of this framework will definitely effect the validity of Islamic finance itself. Shariah Compliance Framework
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THE SHARIAH FRAMEWORK OF ISLAMIC BANKING AND FINANCE

Three main interrelated terminologies: Shariah, Fiqh & Muamalat Shariah, when viewed from legal perspective is the fixed elements of Islamic law, i.e. what has been clearly stipulated and mentioned in the text. E.g. five time prayers, prohibition of riba, etc. As such, it is revealed in nature
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SHARIAH & FIQH

Shariah, in this sense, is wide and encompassing various branches of Islam Normally, it comes in its generality and it emphasizes only on the principles and not the detailed rules (not all the time) It is the duty of the judge (qadi), mufti and jurisconsult (ulama) to exert their intellectual efforts in deriving and applying these principles on certain given scenarios. The result of human reasoning and understanding to the shariah is known as fiqh Fixed v. Flexible Agreements v. Differences
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FIQH MUAMALAT (ISLAMIC COMMERCIAL LAW)

However, in its general usage, it is called al-syariat alIslamiyyah (Islamic law). Islamic commercial law is one of the components of Islamic law Other components of Islamic law include:

Islamic law of purification and worship Islamic family law Islamic criminal law Islamic law of evidence and procedure Islamic law of inheritance, etc
The main subjects of Islamic commercial law are commercial contracts and the rules governing them
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ISLAMIC FINANCE PARADIGM
Original rule of permissibility: - Initial legal ruling in commercial contract is permissibility

- Contrary to acts of devotion (Ibadat) - No legal injunction is needed in sanctioning new contract - Every contract is considered lawful and acceptable if no principle of shariah is violated - Open a very wide door for further innovations
Real Economic Activities Transactions-oriented not loan-based.
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WHAT AMOUNTS TO SHARIÀH COMPLIANCE?
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In Islamic jurisprudence, the main source of law is the Shariàh or Islamic law as contained in the Quran and Sunnah Underlying rule: all contracts are deemed permissible except when there is contravention of any established principles of Islamic law / Shariàh Legal maxim (qaìdah fiqhiyyah):
Al Asl fi al Ùqud al Ibahah -the original rule in contracts is permissibility
The parameter: Avoidance of any contravention of the established principles and prohibitions in Islamic law
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WHAT TO DO AND WHAT TO AVOID

Conclusion of contract by mutual consent The avoidance of riba The avoidance of gharar The avoidance of transactions involving maysir (gambling) The avoidance of transactions involving prohibited commodities
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WHAT TO BE AVOIDED
Riba prohibited in many Quranic verses and sayings of the Prophet s.a.w. Meaning: riba is every excess in return of which no reward or equivalent counter value is paid, in short, every unjust enrichment is riba
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THE AVOIDANCE OF RIBA

Literally: excess, expand, increase, growth Any unjustified excess above and over the capital, whether in loans (between creditor and debtor) or in trade (with similar commodities)
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PROHIBITION OF RIBA IN THE QURAN

4 STAGES
First Stage (30:39)

Compare riba with zakat & charity Praising zakat & charity, not riba
Second Stage (4:160-161)

Attaching the practice of riba with the Jews Consider the practice as an iniquity (zulm)
Third Stage (3:130)

Prohibiting the practice of charging double and multiple riba
Fourth Stage (2:275-281)

Conclusively prohibiting all forms of riba Any excess over the capital is disallowed
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(AR RUM 30: 39)
and that which you give in gift (to others), in order that it may increase (your wealth by expecting to get a better one in return) from other peoples property, has no increase with Allah
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4:160 - 161
and their taking of Riba though they were forbidden from taking it and their devouring of mens substance wrongfully. and we have prepared... a painful torment.
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3:130
O you who believe, Eat not Riba doubled or multiplied, but fear Allah that you may be successful.
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2: 275
those who eat riba will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaitan leading him to insanity. That is because they say: trading is only like Riba, whereas Allah has permitted trading and forbidden Riba. So whosoever receives an admonition from his Lord and stops eating Riba, shall not be punished for the passt; his case is for Allah (to judge); but whoever returns (to riba), such are the dwellers of the Fire they will abide therein forever.
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2: 276 - 278
Allah will destroy riba and will give increase for sadaqat (deeds of charity, alms). . O you who believe, be afraid of Allah and give up what remains (due to you) from Riba (from now onward), if you are really believers
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2:279
And if you do not do it, then take a notice of war from Allah and hiss Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than our capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums).
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2:280 - 281
And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay; but if you remit it by way of charity, that is better for you if you did but know. And be afraid of the Day when you shall be brought back to Allah. Then every person shall be paid what he earned, and they shall not be dealt with unjustly.
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CONTD
There are also a number of narrations from the Sunnah on the prohibition of riba Some of the narrations give general prohibitions of riba, e.g.: The Prophet of Allah s.a.w. cursed the receiver and the payer of riba, the one who records it and the two witnesses to the transaction and said: they are alike (in guilt).
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CONTD
Under Islamic law, riba can occur in two main situations, i.e.:
riba al duyun (loan): the riba or excess which occurs in debt and loan transactions because of extension/delay in repayment riba al buyu` (exchange): the riba or excess which occurs in trading transactions involving the exchange of ribabearing commodities without observing the required rules
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PROHIBITION OF RIBA (LOAN)

Surah al-Baqarah, ayat 275
But Allah hath permitted trade and forbidden usury
Interpretative Efforts
What amounts to Trade
Criteria Fair exchange of goods or value Fair distribution of risk & return
Usury
Criteria Oppressive / unfair distribution of risk & return Unjustified enrichment at expense of others
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PROHIBITION OF RIBA (EXCHANGE)

Sunnah of the Prophet:
Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt - like for like, equal for equal, and hand-to-hand (spot); if the commodities differ, then you may sell as you wish, provided that the exchange is hand-to-hand or spot transaction.
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Interpretative Efforts Application Currency Rules

Same denomination At Par Spot Different denomination Spot
Staple Food Rules

Same Type At Par Spot Different Type Spot
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SUMMARY OF RULES UNDER THE HADITH

2 conditions:
money1 + money1 food1 + food1 money1 + money2 food1 + food2 money + food others + others
Equality Hand-to-hand
2 conditions: =
Equality Hand-to-hand
= = = =
1 condition:
Hand-to-hand
1 condition:
Hand-to-hand
No condition free trading No condition free trading

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CONTD
In contemporary finance, riba can occur in:

All interest-based lending activities (e.g. all conventional bonds) Fixed return on deposits in conventional banking (e.g. designated accounts for receivables of the bonds) In the secondary trading of debt securities if the transaction is not spot & if there is discounting (according to global Shariàh standard)
Thus, to be Shariàh compliant, all contracts in Islamic finance cannot be involved in any of the usurious activities mentioned above
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THE AVOIDANCE OF RIBA

Literally: excess, expand, increase, growth Any unjustified excess above and over the capital, whether in loans (between creditor and debtor) or in trade (with similar commodities)
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DIVISION OF RIBA
Riba al-Duyun (RIba in Loan Contract) Riba al-buyu (Riba in exchange contracts )
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RIBA AL-DUYUN
The debtor borrowed money to be paid in certain time, and the amount is more than the amount borrowed A creditor gives a periodic loan and takes monthly interest. The capital sum lasts until the expiration of the period. Upon expiry, if the debtor cannot pay, the period to pay back the capital will be extended and interest will be charged Arising out of exchange contract, a buyer must pay a consideration. If he failed to settle on time, the period will be extended by increasing the amount (principle + interest).
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RIBA AL-BUYU
Mainly based on the saying of the Prophet: Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt; like for like, hand to hand, in equal amounts; and any increase is riba.
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CONTD
These commodities can be classified under two main categories which make the illah (ratio decidendi) for their prohibition: - i- medium of exchange (currency): Gold and Silver -ii- Staple foods: Wheat, barley, dates and salt Any other items, even though not mentioned in the hadith but serve the same purpose will be considered as having the same illah by way of qiyas (analogy)
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RIBA IN MODERN FINANCIAL TRANSACTIONS
Riba al-duyun in loans and certain controversial contracts (bay al-inah, bay al-dayn, etc)
Riba al-buyu mainly in bay al-sarf (exchange of currencies)
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THE AVOIDANCE OF GHARAR
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Meaning of gharar: - Literally: risk, uncertainty, hazard - The sale of probable item whose existence or characteristics are not certain, due to the risky nature which makes the trade similar to gambling
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EXAMPLES OF THIS KIND OF SALE IN HADITH

Sale of fish in the sea, birds in the sky Sale of unborn calf in its mothers womb Sale of runaway animal, slave Involve item which may or may not exist However, the Prophet did not lay down the principles (qawaid) for the prohibition of gharar. Examples given in the hadith were some of the manifestations of the doctrine, but not principles. This has led to the dispute among jurists on the area and coverage of gharar.
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GHARAR
Meaning: has a range of negative connotations, such as, uncertainty, deception, risk, hazard, ignorance etc. If there is gharar, the contracting party/ies do not really understand the attributes / consequence of the contract Under Islamic law, gharar is prohibited because its existence in the contract may deny the parties of equal bargaining power and they cannot make informed decisions; or if there is risks on deliverability of the object of the contract
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PROHIBITION OF GHARAR
Surah an- Nisa: ayat 29
squander not your property amongst yourself unjustly (batil) except it be a trade among you by mutual consent
Interpretative Efforts What amounts to Unjust (batil)
Trade by Mutual Consent
Criteria
All illegal & defective elements in contracts including gharar & uncertainty
Criteria
Offer & Acceptance, indicating consent Elimination of mistake, fraud etc
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PROHIBITION OF GHARAR IN THE SUNNAH
The sunnah uses the word gharar and its derivatives much more extensively than the Quràn in the sense that several new meanings are added In relation to commercial transactions, the Prophet s.a.w. in many of his sayings directly prohibited the sale involving gharar (uncertainty) and jahalah (ignorance) Thus, the prohibition of gharar is made conclusive by the sunnah / hadith of the Prophet s.a.w. Examples: the prohibition of gharar sale (i.e., the sale contract affected by gharar), the prohibition of the sale of fish in the sea, bird in the air, unborn animals, lost items, etc.
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CONTD
In Islamic law, gharar can be of two degrees:

Excessive or major (gharar fahish) Minor and tolerable (gharar yasir)
Only major /excessive gharar will affect the validity of contracts, where it will render the contract void / voidable, depending on the degree of uncertainty Gharar affects trading and exchange contracts (muàwadat); not charitable and unilateral contracts In banking & finance gharar can be triggered e.g. in the sale contract to create the indebtedness if the asset used is uncertain / vaguely identified; the trading of a securitised debt which is unconfirmed / not established, sale of insurance policy
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APPLICATION OF GHARAR
Broadly speaking, gharar will effect the validity of contract if it occurs in these areas: - gharar in kind / type / attribute / quantity of the object - gharar due to delivery time - gharar due to the price/ mode of payment - doubt over the ability to deliver
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THE BENCHMARK
Gharar which is excessive (gharar fahish) occurs in exchange contracts (uqud almuawadat) To prevent gharar, the parties to contract must have adequate knowledge and information on the subject matter: i- Their existence and deliverability ii- Its quality, quantity and attributes are known iii- Time frame for payment and delivery
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TOLERABLE GHARAR
However, gharar is tolerable if: - i) it is trivial (gharar yasir) - ii) It occurs in other than exchange contracts, such as in gratuitous contracts. -iii) It happens to the ancillary object (appendages) only (not the principal and main subject matter of contract) - iv) the economic need for the contract embodying the risk is substantial
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OTHER THINGS TO BE AVOIDED
Transactions involving the prohibited commodities, e.g., pork and liquor

Surah al Maidah (5:3) Surah al Maidah (5:90)
Transactions involving gambling or maysir/qimar
Surah al Maidah (5:90)
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THE AVOIDANCE OF TRANSACTIONS INVOLVING MAYSIR (GAMBLING)

Involves the creation of risk for the sake of risk A combative relationship between two contracting parties, each of whom undertakes the risk of loss and the loss of one means gain for the other Apply to all games of pure chance No economic activities are gained in the practice. The gambler will simply seek to amass wealth without efforts. Gambling is gharar in its worst scenario. Prohibited by al-Quran in Surah al-Maidah (5:90)
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TRANSACTION INVOLVING PROHIBITED COMMODITIES

It is also not allowed to conclude contract on illegal commodities such as pork, liquor etc. Illegality of certain commodities has been spelt out clearly in the texts of al-Quran and Sunnah of the Prophet. E.g. : - Surah al-Maidah (5:3) - Surah al-Maidah (5: 90)
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ESSENTIAL CONTRACTS IN ISLAMIC FINANCE
Underlying principles utilised in devising products of IBF is very important as they separate IBF from conventional products. Contrary to conventional finance, which is specification driven product, Islamic finance is more structure and principle based product Rules and regulations will differ from one product to another, depending on the structure employed In general, various underlying Shariah principles have been utilised in devising products of Islamic Banking and Finance. They can be summarised as below: - Sale based products - Lease based products - Participatory products - Fee based products
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EXAMPLES OF THE PRODUCTS AND UNDERLYING PRINCIPLES

Banking products IIMM products Capital Market Products
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SHARIÀH COMPLIANCE: MAIN PRINCIPLES

CONTRACTS
Mutual consent
Avoid
Lawful Contractual Objective
Interest (riba)
Uncertainty (gharar)
Gambling (maysir/qimar)
Other prohibitions e.g. Liquor, pork
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ENCOURAGEMENT OF TRADE BY MUTUAL CONSENT
The Quran encourages work and trade The Prophet (s.a.w.) himself was a trader The encouragement of trade is evidenced by the many instruments of trade available during the Prophet's lifetime and in Islamic history thereafter
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BUSINESS CONTRACTS RECOGNISED IN ISLAM
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Contracts of sale and purchase (bay`), including all its subdivisions, like:

normal or spot sale mark-up sale (murabahah) deferred payment sale (BBA) sale with advance payment but deferred delivery (bay` al salam) sale for future delivery of goods with flexible payment of the price or manufacturing contracts (bay` al istisna`) sale of currency (sarf), etc.
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CONTD
Some controversial sales:

Sell and buy back (bay al ìnah) Sale of Sale of debt (bay` al dayn)
Islam recognises partnership contracts which are mainly based on profit and loss sharing (PLS), e.g.:

mudharabah musharakah Musharakah mutanaqisah

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A relatively new invention in this regard is:
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CONTD
Islam recognises public and private project financing, e.g.:

Leasing (ijarah) - private; Endowment (waqf) private/public; State treasury (bayt al mal) public. Operational lease Financial lease AITAB (hybrid contract)
Modern forms of private project financing:

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CONTD Islam recognises other additional contracts
to provide security to the parties in a contract, i.e., the contracts of security (ùqud al tawthiqat), e.g.:
suretyship/guarantee (kafalah): involves three parties mortgage (rahn): involves two parties
These security contracts are normally combined with other types of contracts, e.g.:
the contract of BBA may be secured by a contract of security involving collateral (rahn) contracts of trusts (al amanat), e.g.: safe-keeping (wadiàh) contracts to do a specified task, e.g.: commision (juàlah); agency (wakalah)
Other contracts recognised in Islamic law:

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KEY ISLAMIC COMMERCIAL CONTRACTS
Gratuitous Contracts
Trading Contracts
Investment Contracts
Supporting Contracts
Gift
Leasing
Sale
Mudarabah
Kafalah
Waqf
Loan Ibra Operational Lease Financial Lease Bay` Bithaman Ajil (BBA)
Musharakah
Rahn
Hiwalah Wadiah
Murabahah
Wakalah Salam Istisna etc. Jualah Muqasah
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Islamic Banking
SOURCES OF FUND
APPLICATIONS OF FUND
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EQUITY FINANCING
DEBT FINANCING
Mudharabah Musharakah
Sale based financing BBA / Murabahah Inah/Tawaruq/dayn Salam Istisna
Lease Based Financing Fee Based Services -Ijarah Wakalah -AITAB Kafalah
Comsumer Banking
Corporate Banking
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ISLAMIC CAPITAL MARKET
Equity Market
Bond Market
Derivatives Market? -Future Contract -Options -Swap
Musyarakah Mudarabah
-Debt Based -ABS -Equity Based
Mutual Fund / Islamic REITs Wakalah / mudarabah / musharakah
Islamic Hedge Fund

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CONCLUSION
Besides various frameworks applied to banking practices (be it Islamic or conventional), Shariah framework is a framework which is peculiar to Islamic finance alone Yet, it forms the very substance of Islamic finance, without which Islamic finance will loss its Islamicity As such, in practicing Islamic finance, the dos and donts must be clearly observed Islamic commercial law, from the fact that it subjects to human interpretation and understanding admits differences of opinion, as long as these differences are grounded by valid evidence, produced by capable personnel, done according to the right methodology
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TAKAFUL
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Derives from the word Kafalah, a verb, which means to bail, guarantee, warrant or to secure ones need. Means Joint Guarantee. An arrangement between members of community to jointly guarantee each other should mishaps befall to any of them
FOR MORE INFO...
Al Mawrid: A Modern Arabic-English Dictionary, Dar-el-Ilm Lilmalayin, Beirut, Lebanon, 1991

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PROLOGUE TO MALAYSIAN TAKAFUL ACT 1984
National Fatwa Committee in Malaysia resolved that the present-day life insurance business provided by the conventional insurance companies was not in line with the principles of Shariah as it contains elements which are against Islam such as Riba (Usury), Gharar (uncertainty) and Maisir (Gambling). ~~~ June 1972
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PROLOGUE TO MALAYSIAN TAKAFUL ACT 1984
Perak Fatwa Committee subsequently also declared that: life insurance is not permissible as it is based on riba from which the profits of policyholders are derived. The policyholders must pay premiums for an indeterminate period which lead to the element of gharar (uncertainty).
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TAKAFUL PIONEERS
Takaful started some 30 years ago in the Middle East with the launching of two companies in 1979:
The Islamic Arab Insurance Co. (IAIC) in the UAE and The Islamic Insurance Co. of Sudan
But it took some time for the movement to take shape. Later in 1984, Malaysia played a pioneering role in setting the first Legal framework specific to Takaful (Takaful Act Malaysia). This was instrumental in the successful launching of the Takaful movement in Malaysia and in other countries of South
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OTHER ISLAMIC/ TAKAFUL LEGISLATIONS

Other markets such as the Sudan and Iran have Islamic regulatory environments and became naturally Takaful markets. In Pakistan Takaful Act is enacted in 2005. In the Gulf countries specific Takaful legislations are coming through in Bahrain and in Saudi Arabia
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TAKAFUL TODAY
From a handful of operators two decades ago the Takaful movement has blossomed into a fast growing phenomenon in many Muslim countries with very promising prospects in other countries with a large Muslim community.
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TAKAFUL DRIVERS
This movement is driven by a strong demand from a public who would not insure otherwise (because of religious beliefs); and The successful development of Islamic banking institutions providing capital and Islamic financial instruments for asset management and investment.
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TAKAFUL DRIVERS
Islamic banks and financial institutions play a strategic and important role in the distribution of Takaful products (especially Life Takaful Products). Just as Bancassurance played an important role in the distribution of personal lines insurance products Bancatakaful is an important driver for Takaful.
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TAKAFUL WORLDWIDE
The number of Takaful operators worldwide is now estimated at: 150 Takaful companies operating in 40 countries 10 Retakaful companies and 6 Conventional Reinsurance companies have established Islamic windows. Takaful is one of the fastest growing segments in insurance (at around 20% pa. on average) World Takaful contributions are conservatively estimated at around US$ 3billions, of which:
60% General Takaful 40% Family Takaful
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TAKAFUL GEOGRAPHICAL SPREAD
South&
East Asia : Middle East : Africa: Europe, USA & Others:
56% 36% 7% 1%
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WORKING OF THE TAKAFUL BUSINESS: THE MALAYSIAN CASE

(c) Mohd Johan Lee 2012 3/17/2012
Takaful Business is based on the concepts of Mudarabah and Tabarru. Involvement of these two Islamic forms of business eliminates the elements of Riba from insurance contract and convert Gharar into tolerable form.
In Family Takaful each Takaful installment is divided and credited into two separate Accounts namely, the Participants' Account(PA) and the Participants Special Account(PSA). A substantial proportion of the installments is credited into the PA solely for the purpose of savings and investment.
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The balance of the installments is credited into the PSA as `tabarru' for Sharikah Takaful Malaysia to pay the Takaful benefits to the heir(s) of any participant who may die before the maturity of the contract. The amount accumulated in the PA is invested in various business according to Islamic financing techniques, and the resultant profits are divided between the company and the participants according to the agreed upon ratio, e.g., 30-70. The participant's share is calculated according to their individual share in the PA, and credited into their respective accounts, the PA and the PSA.
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Mudarabah Model Family Takaful

Company
Profit Attributed To Shareholders
Companys Admin & Manag. Expenses 30% Investment Profit 70%
Takaful Contract based on Mudarabah
PA
Participant
PA
FTF
PSA PSA
Payment from PA Payment from PSA

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PAYMENT OF CLAIMS
Should the Participant die or suffer Permanent and Total Disability in the fifth year of participation, Takaful benefit will be paid in the following manner:
i. From Participant's Account =RM 4,890 (RM978 x 5) profit if any, say RM 400 ii. From Participants Special RM 5,000 Accounts (RM1000 x 5) Total Takaful Benefit Payable RM 10,290
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IN CASE THE PARTCIPANT SURVIVED

Should the Participant survive until the maturity of his FTP, payment of Takaful benefit will be made to him as follows:i. From his Participant's Account = RM 9,780 (RM978 x 10) profit from investment RM 1,800 ii. From Participants Special RM XXXX Account Total Takaful Benefit = RM 11,580 + surplus determined by Sharikah Takaful.
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MUDARABAH MODEL
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General Takaful
COMPANY
PROFITS ATTRIBUTABLE TO SHAREHOLDERS
COMPANY'S ADMINISTRATION & MANAGEMENT EXPENSES PROFITS FROM INVESTMENT
TAKAFUL CONTRACT BASED ON PRINCIPLE OF AL-MUDHARABAH
INVESTMENT BY COMPANY
OPERATIONAL COST OF TAKAFUL PARTICIPANT TAKAFUL CONTRIBUTI ON PAID BY PARTICIPANT GENERAL TAKAFUL FUND GENERAL TAKAFUL FUND
OPERATIONAL COST OF TAKAFUL
SHARE OF SURPLUS FOR THE COMPANY SURPLUS (PROFIT) 40% (Example Only) 60% (Example Only)
OPERATIONAL COST OF TAKAFUL
SHARE OF SURPLUS FOR THE PARTICIPANT
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WAKALAH MODEL
COMPANY
TAKAFUL ADMIN & MARKETING EXPENSES 25% TO 35%
SHARE OF PROFIT FOR THE COMPANY
MANAGEMENT EXPENSES OF COMPANY
PROFIT / LOSS ATTRIBUTABLE TO SHAREHOLDERS
40% TAKAFUL CONTRACT BASED ON PRINCIPLE OF AL-WAKALAH INVESTMENT BY FUND PROFITS FROM INVESTMENT 60% OPERATIONAL COST OF TAKAFUL / RETAKAFUL GENERAL TAKAFUL FUND OPERATIONAL COST OF TAKAFUL OPERATIONAL COST OF TAKAFUL SURPLUS (PROFIT) SHARE OF SURPLUS FOR THE PARTICIPANT 100%
PARTICIPANT
TAKAFUL CONTRIBUTIO N PAID BY PARTICIPANT
GENERAL TAKAFUL FUND 65% TO 75%
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Waqf Model
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DEFINITION OF WAQF

Waqf is an Arabic word and it means to stop to withhold and not to let go. In technical meaning Waqf means to allocate or donate some property or cash for a specific purpose to get pleasure of Allah and not to let it go through consumption or sale. The Waqf property comes into ownership of Allah (SWT) and Waqif will have no property rights on it.
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Waqif has right to set the rules for Waqf and manage the Waqf. Waqf may be general purpose or specific purpose, like Waqf Ala al Aulad or Waqf Ala al Aqarib. In Islamic Law Waqf is a legal entity
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WAQF MODEL
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COMPANY
TAKAFUL OPERATOR FEES FOR ADMIN & MARKETING EXPENSES 25% TO 35%
SHARE OF PROFIT FOR THE COMPANY

40%
MANAGEMENT EXPENSES OF COMPANY
PROFIT / LOSS ATTRIBUTABLE TO SHAREHOLDERS
INITIAL DONATION BY SHAREHOLDERS TO CREATE WAQF FUND
PROFIT SHARING ON MUDARABHA BASES
Waqf
TAKAFUL CONTRACT BASED ON PRINCIPLE OF AL-WAKALAH PARTICIPANT
Waqf
INVESTMENT BY FUND
PROFITS FROM INVESTMENT

60%
OPERATIONAL COST OF TAKAFUL /RETAKAFUL
TAKAFUL CONTRIBUTION PAID BY PARTICIPANT
WAQF FUND 65% TO 75%
WAQF FUND
OPERATIONAL COST OF TAKAFUL OPERATIONAL COST OF TAKAFUL
SURPLUS (PROFIT)
SHARE OF SURPLUS FOR THE PARTICIPANT

100%
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A Waqf Fund would basically be a separate legal entity to which the Shareholders would initially make a donation to establish the Waqf Fund. The donation can be of any reasonable amount (Shariah Board may specify such an amount). The objectives of the Waqf fund would be to provide relief to participants against defined losses as per the rules of the Waqf fund.
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In this modified Wakala Model with Waqf, the relationship of the participants and of the operator is directly with the Waqf fund. The Operator is the Wakeel of the Waqf Fund and the participants pay one sided donation to the WAQF fund (not conditional) which also eliminates the issue of Gharar. The WAQF fund rules may define the sharing of surplus and other rules under which it would operate but there is no obligation to distribute surplus. Further the Qard would be given by the shareholders to the WAQF entity and not to individuals as in the typical Wakalah model.
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FUTURE OUTLOOK
Despite the remarkable growth rate recorded by Islamic finance and Takaful industry, penetration is still far below the enormous market potential offered by the Muslim community worldwide (23% of the total world population).
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GROWTH OUTLOOK
World Muslim population is estimated at 1.5 billions, of which around 97% are based in Asia and Africa. A two-digit growth in the range of 15% to 20% can be reasonably sustained for at least the next 10 years in the existing markets (Far and Middle East).
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NEW TAKAFUL FRONTIERS

Markets like Europe, North and Latin America, Central Asia, Australia where large Muslim communities live are huge untapped reservoirs; The recent opening towards Islamic windows in the banking sector in Europe is likely to be followed by Takaful windows initiatives.
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ISLAMIC FINANCE AND TAKAFUL PRODUCTS TO NON-MUSLIMS

Islamic Finance and Takaful Products are not exclusive to Muslims. Competitively priced and sold through the right channel it could attract any consumer irrespective of their origin or faith.
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CONCLUSIONS
Despite the challenges facing this new industry, exciting times are ahead once the latent potential is unleashed. The success of Takaful largely depends on that of Islamic Financial institutions on a global basis.
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THANK YOU & WASSALAM
Mohd Johan Lee J. Lee & Associates A-16-13, Tower A, Menara UOA Bangsar 59000 Kuala Lumpur
Tel:03-22881699 Fax:03-22881799 email:jlee@jlee-associates.com mohdjohanlee@yahoo.co.uk

Also at: Kuala Terengganu & Penang
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Intro To Islamic Finance

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Intro To Islamic Finance

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Mohd Johan Lee J.

Lee & Associates For Kowloon Mosque & Islamic Centre

ISLAMIC FINANCE & TAKAFUL: AN INTRODUCTION

(c) Mohd Johan Lee 2012

(c) Mohd Johan Lee 2012

SOURCES OF THE SHARIAH

(the sayings, deeds and endorsements of Prophet Muhammad PBUH)

(c) Mohd Johan Lee 2012

SOURCES OF THE SHARIAH

(c) Mohd Johan Lee 2012

FRAMEWORK OF ISLAMIC FINANCE

(c) Mohd Johan Lee 2012

(c) Mohd Johan Lee 2012

THE SHARIAH FRAMEWORK OF ISLAMIC BANKING AND FINANCE

(c) Mohd Johan Lee 2012

SHARIAH & FIQH

(c) Mohd Johan Lee 2012

FIQH MUAMALAT (ISLAMIC COMMERCIAL LAW)

(c) Mohd Johan Lee 2012

ISLAMIC FINANCE PARADIGM

Original rule of permissibility: - Initial legal ruling in commercial contract is permissibility

Real Economic Activities Transactions-oriented not loan-based.

WHAT AMOUNTS TO SHARI`AH COMPLIANCE?

(c) Mohd Johan Lee 2012

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WHAT TO DO AND WHAT TO AVOID

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THE AVOIDANCE OF RIBA

(c) Mohd Johan Lee 2012

PROHIBITION OF RIBA IN THE QURAN

First Stage (30:39)

Second Stage (4:160-161)

Third Stage (3:130)

Fourth Stage (2:275-281)

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(AR RUM 30: 39)

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PROHIBITION OF RIBA (LOAN)

PROHIBITION OF RIBA (EXCHANGE)

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Interpretative Efforts Application Currency Rules

Staple Food Rules

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SUMMARY OF RULES UNDER THE HADITH

No condition free trading No condition free trading

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In contemporary finance, riba can occur in:

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THE AVOIDANCE OF RIBA

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