Key Trends & Update on Global Islamic Financial Market

1. Key Trends & Update on Global Islamic Financial Market Prof. Dr. Mohd. Ma’sum Billah www.drmasumbillah.blogspot.com Shangri-La- Hotel, Jakarta

2. FINANCING MODULE

3. TOPICS 1. Financing Principles 2. SPI Consumer Financing 3. SPI Commercial Financing 4. SPI Corporate Financing 5. SPI Trade Financing 6. Target Market

4. PRE-REQUISITE UNDER BBA i) Buyer ii) Seller iii) Merchandise iv) Price of the merchandise v) Aqad/Contract (Offer and Acceptance)

5. FINANCING PRINCIPLES • Murabahah - Bai-Bitaman Ajil • Bai Al-Dayn • Istisna’ • Ijarah • Wakalah • Kafalah • Musyarakah

6. PRINCIPLE OF MURABAHAH “Sale contract between the bank and its customer for the sale of goods at a price which includes the bank’s profit margin” Bank is theseller, Customer is the buyer. Murabahah = Cost Plus Common Mechanism = Deferred Lump Sum Sale

7. PRINCIPLE OF BAI-BITHAMAN AJIL(BBA) Bai-Bithaman Ajil (BBA) is known as Deferred InstalmentSale. A contract of “buying and selling” of an asset between a bank and a customer. BBA = Cost Plus Common Mechanism = Deferred Instalment Sale

8. MODES OF BAI-BITHAMAN AJIL FINANCING OPERATION • Customer identifies the asset to be acquired. • Bank purchases the asset from the vendor • The bank resells the asset to the customer plus bank’s profit margin • Customer repays by installments within agreed period

9. CONSUMER FINANCING PRODUCTS • House Financing • Study Financing • Unit Trust Financing • Other Consumer Financing • e.g Share Financing

10. LETTER OF OFFER • Similar to Conventional Letter of Offer. • The difference are:- • Pricing - Bank Purchase Price - Bank Selling Price • Repayment • Grace Payment Period • Security Documentation • Takaful • Penalty (compensation clause) • Opening of Wadiah Savings Account

11. BBA • DOCUMENTATION

12. PROPERTY WITH TITLE • Property Purchase Agreement • Property Sale Agreement • Charge Document (Form 16A & • Annexure)

13. PROPERTY WITHOUT TITLE • Property Purchase Agreement • Sale Agreement Cum Assignment • Deed Of Assignment

14. PRODUCTCONVENTIONAL BBA FEATURES LOAN FINANCING ConceptBase on loan principle Base on buy and sale (borrowing and lending) principle Pricing Pegged against BLR Fixed profit rate applied Repayment Varies as BLR Repayment is fixed fluctuates Total Amount Known only at the end Known upfront Payable of the period COMPARISON BETWEEN CONVENTIONAL LOAN AND BBA FINANCING

15. OTHER CONSUMER FINANCING • Example • Share Financing • Apply the principle of BBA, Murabahah

16. PRINCIPLE OF BAI ISTISNA’ Bai Istisna is a contract on acquisition of goods by specification or order by the financier, where the price is paid progressively to the seller in accordance with the progress of a job completion. It is a buy and sale contract whereby a buyer (financier) purchases a contract or order from a seller (customer) and subsequently appoints the seller as an agent to make an asset or goods that he requested. Istisna = Cost Plus

17. PRINCIPLE OF BAI ISTISNA’ • The seller must complete the asset/good within a period of time. The buyer and seller will fix the price of the asset/goods and method of payment. • When the goods is delivered/completed, the financier will sell the completed goods to the customer. • Applicable to : Bridging Financing Contract Financing Project Financing Made to Order

18. PRINCIPLE OF BAI AL-DAYN Bai Al-Dayn is a “Debt Trading” The Bank purchases the customer's rights to the debt at a discounted price (i.e invoice price minus bank's profit margin) which is normally securitised by a Bill of Exchange. Upon maturity customer purchases back his debt from the Bank at full invoice price. Bai Al-Dayn = Discounting of Debt

19. IJARAH (LEASING) • This is IBD’s new product and still under development • Only one case (pilot case ) so far • Apply the concept of leasing Type of leasing • Financial lease • Operating lease

20. Financial lease • Maintenance is borne by lessee • Lessee will acquire the asset at the end of the tenor • Lessee will enjoy capital allowance • Lessee will not enjoy tax exemption on rental paid

21. Operating lease • Maintenance is borne by lessor • Lessee has no right to purchase the asset at the end of • the tenor • Lessor will enjoy capital allowance • Lessee will enjoy tax exemption on rental paid

22. Other features • This product is offered on selective basis • This product is offered for new equipment or equipment that enjoy capital allowance in Malaysia. • The bank will ensure the profit rate charge on customer will commensurate with capital allowance enjoyed by the Bank • IBD to assist on computation aspects

23. COMMERCIAL FINANCING PRODUCTS • Asset/Working Capital/Other Financing • Small Entrepreneur Fund (TUK) • Small Medium Industries Financing (TIKS) • Fund For Food (3F) • Rehabilitation Fund For Small Medium Industries

24. ASSET/WORKING CAPITAL/OTHER FINANCING • Concept • This financing can apply the concept of Bai Bithaman Ajil or Murabahah • Issues of collateral • Secured by same property • Different property • Corporate guarantee

25. SPI FUND FOR SMALL ENTREPRENEUR (TUK) SPI Fund for Small Entrepreneurs or widely known as Tabung Usahawan Kecil (TUK) is aimed at providing an efficient and systematic delivery system to channel financing ranging from RM2,000 to RM50,000 for the benefit of the small entrepreneurs in the country.

26. SMALL MEDIUM INDUSTRIES FINANCING (TIKS) • This financing is similar to Tabung Industri Kecil dan Sederhana (TIKS) in Conventional Banking. • It involves two relationship:- • Bank and customer • Bank and Bank Negara

27. Bank and customer Bank gives financing to customer by using principle of BBA or Istisna’ or Murabahah. For example Bank gives financing 6.5% to customer. Bank and Bank Negara Bank sells the loan to Bank Negara at 4.0% (current BNM funding rate) using the concept of Bai Al-Dayn. Therefore, Bank’s profit margin is 2.5%.

28. Pricing • In Letter of Offer, bank gives financing rate of 10.5% to • customer. • In actual payment, customer makes repayment to the • bank base on financing rate of 6.5% • The difference 4.0% is a rebate to the customer.

29. SPI FINANCING UNDER FUND FOR FOOD (3F) • This financing is similar to Fund For Food in • Conventional Banking. • It involves two relationship:- • Bank and customer • Bank and Bank Negara

30. Bank and customer Bank gives financing to customer by using principle of BBA or Istisna’ or Murabahah. For example Bank gives financing 4.0% to customer. Bank and Bank Negara Bank sells the loan to Bank Negara at 1.0% (current BNM funding rate) using the concept of Bai Al-Dayn. Therefore, Bank’s profit margin is 3.0%.

31. REHABILITATION FUND FOR SMALL AND MEDIUM INDUSTRIES • This financing is similar to Rehabilitation Fund for Small and Medium Industries in Conventional Banking. • It involves two relationship:- • Bank and customer • Bank and Bank Negara • .

32. Bank and customer Bank gives financing to customer by using principle of BBA or Istisna’ or Murabahah. For example Bank gives financing 5.0% to customer. Bank and Bank Negara Bank sells the loan to Bank Negara at 1.0% (current BNM funding rate) using the concept of Bai Al-Dayn. Therefore, Bank’s profit margin is 4.0%.

33. CORPORATE FINANCING PRODUCTS • Islamic Securitization • Property Financing • Asset Financing • Equipment Financing

34. ISLAMIC SECURITIZATION Requirement = Financing must be executed under any underlying financing contracts permitted under Syariah.

35. COMMON FINANCING CONTRACTS FOR ISLAMIC SECURITIZATION • Murabahah = Short-term Working Capital Financing • BBA = Long-term Financing • Ijarah Common Feature : Element of Profit Margin Built-in Trading Concept : Bai Al-Dayn (Debt Trading)

36. In Malaysia, the common Islamic Securities is Debt Based Securitization. First Example Year 1990 Company Shell MDS Sdn. Bhd. Concept Used BBA Amount RM125 million

37. STATISTICS(30/6/99) an Example of RHB 22 issues amounting to RM 8.071 billion (excluding Malaysian Government/Government Agencies issuance) • 15 issues of Islamic Commercial Paper • amount RM 6.181 billion • 7 issues of Islamic Corporate Bonds • amount RM 1.890 billion

38. RHB GROUP ISLAMIC FINANCE INITIATIVE RHB Bank Facility Gas District Cooling (KLIA) Sdn. Bhd. Murabahah Notes Issuing Facility Year 1999 Function Arranger Amount RM 207 million

39. RHB GROUP ISLAMIC FINANCE INITIATIVE RHB Sakura Facility Sarawak Shell Berhad Musyarakah Bond Year 1994 Function Lead Arranger Amount RM 560 million

40. RHB GROUP ISLAMIC FINANCE INITIATIVE RHB Sakura Facility Petronas Gas Berhad Islamic Debt Securities Year 1995 Function Joint Lead Manager Amount RM 800 million

41. RHB GROUP ISLAMIC FINANCE INITIATIVE RHB Sakura Facility KLIA BBA Bonds Year 1997 Function Co-Advisor Amount RM 2.2 billion

42. RHB GROUP ISLAMIC FINANCE INITIATIVE RHB Sakura Facility Petronas Gas Berhad Murabahah Notes Issuing Facility Year 1997 Function Lead Arranger & Agent Amount RM 900 million

43. RHB GROUP ISLAMIC FINANCE INITIATIVE RHB Sakura Facility Petronas Gas Berhad BBA Bonds Year 1999 Function Lead Arranger Amount RM 500 million

44. PROPERTY FINANCING • BBA based financing and Istisna’ based financing • Common Tenors = 5 years to 7 years • Reasons For BBA/Istisna’ = Lock in Cost

45. ASSET FINANCING • Murabahah/BBA based financing • Any form of tangible asset • Receivables as a form of asset (Murabahah financing)

46. EQUIPMENT FINANCING • Ijarah based financing • No system support at this point of time • Big ticket items on an ad-hoc basis • Expect to launch in early 2000

47. Internet allows businesses to reduce costs, increase efficiency and improve network of suppliers and customers. Online services have problems such as authorized access, user and system identification, data integrity and confidentiality - as well as e-mail virus, and hacking. Online services are allowed in Islam as long as they do not violate the rules and limitation that Allah (s.w.t) has laid down. Online Financial Services under Shari’ah

48. Types of online financial services: Smart Authorization Credit Card Processing Electronic Check Processing E-dinar

49. Smart Authorization Credit card processing with built-in fraud screening. Helps online merchants easily combat credit card fraud and process more valid orders automatically.

50. Credit Card Processing This solution enables secure, reliable, real-time card processing in multiple currencies. Major cards and card types are supported across multiple processors, worldwide.