Professional Documents
Culture Documents
Islamic Banking Products - Risks and Mitigants
Islamic Banking Products - Risks and Mitigants
Islamic Banking Products - Risks and Mitigants
Contd.
Murabahah – Risks and Mitigants
RISKS MITIGANTS
Contd.
Ijarah – Risks and Mitigants
RISKS MITIGANTS
5. Payment Default/Delay Risk (Contd.) Security Coverage / Legal
Coverage (Contd.)
In case of default in rental
payments, Ijarah Agreement will
be terminated and Client will be
obliged to purchase the Ijarah
asset from IBI as per its
Undertaking to Purchase. In case
Client fails to do so, IBI can sell
the Ijarah asset in the market to
recover any unpaid rentals and
charity due. If the asset price
received does not cover
rentals/charity, then the deficient
amount will be recovered from
the Client.
Ijarah – Risks and Mitigants
RISKS MITIGANTS
6. Shariah Non-compliance Risk Clear Understanding of Ijarah
Process Flow
While executing Ijarah transaction, all
relevant Shariah rules need to be followed. CRM/CRO should have clear
Any violation e.g. receipt of rentals before understanding regarding the
delivery, may lead to profit being given in Ijarah Process Flow. In this
charity fund. regard, different training sessions
are carried out to ensure that the
understanding of Ijarah product is
clear.
CRM/CRO should also educate
the Client to ensure Shariah
compliance at all steps.
Diminishing Musharakah Product
DM – Risks and Mitigants
RISKS MITIGANTS
1. Failure of Supplier to deliver Assets Agent/Client's responsibility
In cases of new asset DM, Client purchases
the asset as agent of IBI. The supplier of the Since the Supplier was chosen by
Client, upon receipt of funds, may refuse to the Agent, therefore, Agent
deliver the assets due to any reason: would be asked to arrange the
receipt of funds from Supplier.
a- The supplier may also refuse to return the
amount paid to it. In such case, IBI will be The Bank should ask the Agent to
dependent upon the Client to recover the purchase IBI's assets only from
funds from Supplier. IBI's entire principal prominent suppliers who have a
amount can be at stake in such case. history devoid of any such
fraud/deceit.
b- The supplier may return the payment after
certain delay. In such case, IBI will remain out
of funds for a certain period and will not be
able to receive any profit from Client.
In case no negligence of the Agent/Client is
proved, then IBI will have to bear the loss.
D.M. – Risks and Mitigants
RISKS MITIGANTS
2. Transportation risk Takaful Coverage
In cases of new assets DM, Client, as IBI's Takaful coverage of assets in
Agent, purchases fixed assets and takes transit can be obtained by IBI.
delivery from Supplier. During the transfer of Any Takaful proceeds would,
assets from Supplier's site to the Client's however, be shared as per
factory, there is a risk that the DM assets proportionate ownership ratio.
may be stolen/theft or damaged/destroyed.
Any loss/damage to DM assets, unless
negligence of Agent is proved, will have to be
borne by IBI, since IBI is the owner of the
assets.
D.M. – Risks and Mitigants
RISKS MITIGANTS
Contd.
D.M. – Risks and Mitigants
RISKS MITIGANTS
7. Payment Default/Delay Risk (Contd.) Security Coverage / Legal
Coverage (Contd.)
In case of default in rental
payments/failure to purchase
Musharakah units, IBI can sell the
DM asset in the market to
recover any unpaid
rentals/Musharakah units price
and charity due. If the asset price
received does not cover unit
price/rentals/charity, then the
deficient amount will be
recovered from the Client.
D.M. – Risks and Mitigants
RISKS MITIGANTS
8. Shariah Non-compliance Risk Clear Understanding of DM
Process Flow
While executing DM transaction, all relevant
Shariah rules need to be followed. Any CRM/CRO should have clear
violation e.g. receipt of rentals before understanding regarding the DM
delivery, may lead to profit being given in Process Flow. In this regard,
charity fund. different training sessions are
carried out to ensure that the
understanding of DM product is
clear.
CRM/CRO should also educate
the Client to ensure Shariah
compliance at all steps.
Istisna Product
Istisna – Risks and Mitigants
RISKS MITIGANTS
1. Performance Failure Risk (a) Product Structure
After disbursement of funds, Client may fail / 1.IBI can terminate Istisna
refuse to manufacture the goods, as per the Agreement and recover the
contract. outstanding Istisna contract price
from the Client.
Client may delay the delivery of IBI can reduce the Istisna
manufactured goods. Contract Price by a certain
amount on daily basis (for the
number of days delayed). The
reduction amount needs to be
agreed at the time of Master
Istisna Agreement sign-off.
Security Coverage
During the Istisna tenure, cost of It would be agreed by IBI and the
manufacturing may be higher than Client in the Master Istisna
anticipated earlier. Agreement that the increased
manufacturing cost would be
borne by Manufacturer (Client)
unless the increase in cost is due
to force majeur. In case of force
majeur, Istisna contract price may
be varied by mutual consent.
Istisna – Risks and Mitigants
RISKS MITIGANTS
4. Quality Risk Legal Coverage
The manufacturer (Client) may deliver IBI can exercise its option of
defective goods or inferior goods i.e. not as Khiyar-e-Aib (option of canceling
per agreed specification. contract if defect is found) and
refuse to accept the goods.
Available Options:
1.IBI may opt to recover the
Istisna contract price, if already
paid to the client. In such a case,
IBI would not be able to recover
profit amount; or
Contd.
Istisna – Risks and Mitigants
RISKS MITIGANTS
6. Commodity Price Risk (Contd.) Legal Coverage
Instead of Agency arrangement
and facing commodity price risk
during the Istisna tenure, IBI may
fix the minimum sale price by
either (a) entering into Parallel
Istisna or (b) receiving an
Undertaking to Purchase from a
3rd party, whereby, the third party
would purchase the Istisna goods
from IBI at minimum sale price
once they are manufactured.
Istisna – Risks and Mitigants
RISKS MITIGANTS
7. Refusal of Client to act as Agent Commercial Decision
The Client may handover the goods to IBI and IBI should avoid entering into
refuse to act as Agent to sell the Goods in the Istisna contract for goods which
market. are difficult to sell in the market
e.g. goods only for export,
In such situation, IBI will only be able to hold specialized goods such as
back the Agency Fee. garments manufactured as per
specific order etc.
Contd.
Istisna – Risks and Mitigants
RISKS MITIGANTS
7. Refusal of Client to act as Agent (Contd.) Minimizing chances of Client’s
refusal
The Seller (Client) may sell defective assets or IBI can exercise its option of
inferior assets i.e. not as per agreed Khiyar-e-Aib (option of canceling
specification. contract if defect is found) and
refuse to accept or return the
assets within six months of the
sale between IBI and Client.
Contd.
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
1. Quality Risk (Contd.) Available Options:
Contd.
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
1. Quality Risk (Contd.) Commercial Decision
Contd.
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
2. Storage Risk (Contd.) Exception to the Risk Coverage
Contd.
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
4. Failure of the Agent to sell Assets (Contd.) Minimizing chances of Client’s
refusal
Since the Client had sold the
assets at discount to IBI, this also
encourages the Client, in normal
circumstances, to act as Agent in
sale of assets and receive
incentive fee (i.e. the additional
amount it would receive if the
assets are sold at a price above
the minimum sale price).
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
5. Default/Delay By Third Party Best Option Available
The Agent sells the assets to market/ third All efforts should be made by
party on behalf of IBI. If the goods are sold CRM/Credit that the assets are
on credit payment basis, there is a risk that sold against LCs so that the risk of
the third party delays/defaults in payment of delay/default by the third party is
the minimum sale price. minimized.
If the Agent has made its best efforts to
recover the minimum sale price and there is
no negligence on its behalf, then in such case
the Agent cannot be held responsible for loss Contd.
incurred. Even charity amount cannot be
received from the Agent for the delay.
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
5. Default/Delay By Third Party (Contd.) Other Options:
The Agent can be instructed to
sell the IBI's assets to its top-tier
buyers (who do not have a history
of delay or default of payment).
In case it is proved that the
delay/default by third party is
caused due to negligence or
misconduct of Agent, then IBI can
recover the minimum sale price
from the Agent
Karobar Financing – Risks and Mitigants
RISKS MITIGANTS
6. Shariah Non-compliance Risk Clear Understanding of the
Transaction:
To ensure that the transaction is Shariah-
compliant, the steps and documentation of CRM/CRO should have clear
the transaction need to be executed in a understanding regarding the
particular sequence. Violation may lead to Transaction Process Flow. In this
transaction being void and profit given in regard, different training sessions
charity fund. can be carried out to ensure that
the understanding of Karobar
Financing product is clear.
CRM/CRO should also educate
the Client to ensure Shariah
compliance at all steps.