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Non-Bank
Banking Financial Financial
System Intermediaries Markets
Financial
System
Private/Public Money
Conventional Conventionatial
Debt Securities Market
ISLAM
IBADAH MUAMALAT
The relationship between Islamic financial system with Islam and Syariah
The Objectives of Islamic Finance
• To put before to all Muslims, contemporary Islamic
financial dealings in strict respect of the ethical individual
and social values of Islamic Shari’ah, without contravening
the heavenly imposed prohibition of dealing in riba (interest
or usury).
• To serve all Muslim communities in mobilising and utilising
the financial resources needed for their true economic
development and prosperity within the principles of Islamic
justice assuring the right and obligations of both the
individual and the community.
• The serve the ‘ummat al-Islam’ (Islamic communities) and
other nations by strengthening the fraternal bonds through
mutually beneficial financial relationships for economic
development and the enhanced environment for peace.
Principles of Shari’ah in Islamic Finance
• Muslim jurists suggested a numbers of shari’ah principles which can be
classified into four categories:
i. Profit and loss sharing principles
a. mudarabah
b. musyarakah
ii. Trade-based based principles
a. Murabahah
b. Bay al-Muajjal/ bay bithaman ajil
c. Ijarah
iii. Fee-based principles
a. al-ujr
b. al-Wakalah
. iii. Free service principle (Qard hasan)
a. Qardh
b. Wadiah
c. Rahn
Contracts in Islamic Law
Contracts in Islam ic Law
syarikah M udarabah
• Savings Accounts
– Al-Wadiah Savings Account
• Concept
• Al-Mudharabah
• Profit-sharing
• Refers to an agreement made between a party, who provides
the capital and another party (entrepreneur), to enable the
entrepreneur to carry out business projects, which will be on a
profit sharing basis, according to a pre-determined ratios
agreed upon earlier.
Leasing-i Ijarah
Antara-Bank MEPS
Pusat Perbankan Elektronik
Akaun Pelaburan
Niaga
BIMB B.MUAMALAT MAYBANK
PEMBIAYAAN TRADE FINANCING TRADE FINANCE
PERDAGANGAN Al-Murabahah Working Capital PRODUCTS
Surat Kredit DI Bawah Financing Wakalah Bills for
Pembiayaan Kedai & Rumah BBA Fixed Asset Murabahah Cash Line
Golf (MCASH)
Pembiayaan Tanah Education Financing
Pembiayaan Bersindiket
Persekuritian/Pengeluaran Bon
Islam
Al-Ijarah
Al-Naqad
Kiriman Wang
W akalah H ib ah
Ijarah M u rab ah ah
Conclusion
• The development of philosophies and objectives in
Islamic banking are in line with the principles of
Islamic business as highlighted in the al-Quran and
Sunnah.
• As institutions whose foundations are based on Islamic
doctrines, Islamic banks must conforms to Islamic rules
and regulations.
• Islamic business entities are required to engage
themselves in legitimate and lawful business, and to
fulfill all obligations and responsibilities.
• Islamic bank have to uphold both profit and moral
principles.
Main References
• Saad Abdul Sattar Al-Harran (1993) Islamic
Finance-Partnership Financing. Pelanduk
Publications. Kuala Lumpur.
• Sami Hassan Homoud (1985). Islamic Banking.
Arabian Information. London.
• Sudin Haron and Bala Shanmugam (2001).
Islamic Banking System- Concepts &
Aplication. Pelanduk Publications. Kuala
Lumpur.
• Islamic Finance Bulletin. March 2004. Rating
Agency Malaysia Berhad. Kuala Lumpur.
Where to Get More Information
• http://www.bnm.gov.my/
• http://www.bankislam.com.my/
• http://www.maybank2u.com/
• http://www.channel-e.com.my/
• http://islamic-finance.net/
• http://www.ibfim.com
• http://www.irti.org/
• http://www.alrajhibank.com.sa
• http://www.islamicbankingonline.com
• http://www.ifsb.org
• http://www.bahisl.com.bh
• http://www.albaraka.com.pk/
December 4, 2023 WB3053 80
CHAPTER 4
82
Islam
83
Shariah Requirements
84
Shariah Requirements
85
Gharar
Gharar is divided into two namely:
87
Riba
Riba means extra and it is of four kinds. Two kinds
are sub-divisions of riba duyun and the other two are
sub-divisions of riba buyu’u.
88
Riba
beginning.
1.2. Riba jahiliyah i.e. there is no riba at the
beginning; riba is imposed
only after default.
89
Riba
90
Riba
Ribawi materials are divided into two basis and under
each basis are the different kinds as follows:
Basis Basis
Medium of Foodstuffs
Exchange
Gold Grains
Silver Rice
Shilling Wheat
£ Corn
Meats
Beef
Mutton
Chicken
Fishes
91
Riba
(..continued)
Basis Basis
Medium of Exchange Foodstuffs
USD Vegetables
Singapore Dollar Tomatoes
Australian Dollar Beans
Hong Kong Dollar
¥ Fruits
Apples
Oranges
Salts
Salt
Sugar
Condiments
Medicines
92
Rules of Exchange of Ribawi Materials
Exchanges Rules
1. Ribawi materials of the same kind of 1. Materials must be of the
the same basis. same weight, measurement
(5 grams of 916 gold for 5 grams or number of units.
of 750 gold; 2. Payment must be on cash
10 grams of Basmathi rice for terms.
10 grams of A1 rice)
Exchanges Rules
3. Ribawi materials of different kinds of - No rules are imposed.
different bases. (Difference in weights,
(10 kgs of dates for 1 gm of gold; measurements or
30 kgs of wheat for USD10; number of units
1 tonne of palm oil for RM1,500) allowed.)
94
Riba
Riba buyu’u is sub-divided into:
96
Riba
(..continued)
97
Gambling
98
Forbidden Contracts
Forbidden and void contracts which involve
gharar, riba and gambling are:
- Bai al-Mulamasah
- Bai al-Munabazah
- Bai al-Hisat
- Bai Habl-il-Hablah
- Bai al-Madhamin
- Bai al-Malaqih
- Bai al-Gharar
- Lending and borrowing with interest
- Betting
99
Islamic Muamalat
After taking out the types of muamalat
(transactions) that are prohibited, those that are
permitted can be divided into three broad
categories as follows:
1. Trading Contracts.
2. Contracts of Profit Sharing.
3. Supporting Contracts.
100
Trading Contracts
Some of the most widely used transactions are;
101
Trading Contracts
(B) Deferred payment sales (debt financing)
103
Supporting Contracts
The Shariah also permits contracts to support and
facilitate trading and mobilisation of capital. These
contracts are:
(i) Rahnu (mortgage)
(ii) Kafalah (guarantee)
(iii) Wakalah (agency)
(iv) Wadiah (safe custody)
(v) Qardh Hasan (benevolent loan)
(vi) Hiwalah (transfer of debt)
(vii) Tabarru’u (donation)
(viii) Hibah (gift)
(ix) Wakf (endowment)
(x) Ibraa’ (rebate)
(xi) Muqasah (set-off)
104
Banking Contracts
105
Different Features of Contracts
The different features of Murabahah, Istisna’a, Bai
Bithaman Ajil and Ijarah.
Murabahah
Definition: A sale based on the cost price plus profit.
- The
cost price or profit must be known
to the
buyer.
-
Normal practice price paid in a lump sum.
Istisna’a
Definition: An order made by the buyer for the
106 manufacture of a
merchandise according
Different Features of Contracts, cont.
Bai Bithaman Ajil
Definition: A sale with the payment of the
selling price
deferred to an agreed
later date.
- The merchandise exists
at the time of
contract.
- The Shariah
does not require that the
cost price be known to the buyer.
Ijarah
Definition: A sale of the use of another’s
property. 107
- The property
Ownership of Assets
The purpose of contracts is to obtain ownership of
asset or the ownership of benefits of the assets.
Where there are two contracts, one immediately
following the other proper sequence in their
executions must be followed.
108
Real Sale and Purchase
109
Real Sale and Purchase, cont.
Essential Elements of Contracts
The essential elements of contracts of Sale and
Ijarah are:
Sale Ijarah
- seller -
lessor
- buyer -
lessee
- asset - asset
- price - benefit
(use or usufruct)
- contract - rental
110
1. Contract of Sale
The essential elements of a contract of sale with the
necessary conditions are:
1. Contract :Offer and Acceptance
(i) Absolute and in definite and
decisive language.
- in the past or present tense.
- not in the future or imperative
tense.
- not conditional
- not limited to a certain period.
(ii) The acceptance must agree with the
offer.
(iii) The offer and111acceptance must be made
at the one and same
Contract of Sale, continued
3. The Price
- It must be known in currency and
absolute amount.
4. The Seller
(i) He must be capable of taking
responsibility.
- of sound mind (aqil)
- has attained the age of puberty (baligh)
- has attained majority (rasheed/ 18
years old)
114
Contract of Sale, continued
5. The Buyer
(The necessary conditions are the same as
those for the seller.)
115
2. Contract of Leasing
The essential elements with the necessary conditions are:
116
Contract of Leasing, continued
2. The Asset
(i) It must be owned by the lessor.
- or agent , or natural , or appointed guardian of the
owner(wali mal).
117
Contract of Leasing, continued
3. The Benefit (use or usufruct)
(i) It can be fixed in value
(ii) The lessor has the power and capacity to use and
lease the asset
(iii) It must be permissible
(iv) It must be known
- the purpose for which the asset is used must be
known
- the period of leasing must be known.
(v) It must not be any material part of the asset.
118
Contract of Leasing, continued
4. The Rental
- It must be known in currency and absolute amount
5. The Lessor
(The necessary conditions are the same as those for
buyer and seller.)
6. The Lessee
(The necessary conditions are the same as those for
119
3. Bai Inah
Bai Inah must meet the following requirements:
121
Musharakah &Mudharabah
122
Essential Elements of Musharakah &
Mudharabah
Musharakah
Mudharabah
- partners - owners of capital
- capital - entrepreneur
- business - capital
- profit sharing and - business
- contract - profit
sharing and
- contract
123
5. Musharakah
The essential elements and the necessary conditions are:
1. Partners
- capable of appointing agents &being appointed
as agents.
2. Capital
(i) asset valued in money
(ii) not debt
(iii) specific amount
(iv) paid into capital fund
124
Musharakah, continued
3. Business
(i) Halal
(ii) All partners have right to manage
4. Profit sharing
(i) According to proportion of shares or according to
agreement in fraction ,ratio or percentage; not in
absolute amount.
(ii) Loss borne according to proportion of shares.
5. Contract
- Absolute and in definite and decisive language.
125
6. Mudharabah
The essential elements are necessary conditions are:
1. Contract
- Absolute and in definite and decisive
language.
2. Owner of capital
- Capable of appointing agents and being
appointed as agent.
3. Entrepreneur
- Capable of appointing agents and being
appointed as agent.
126
Mudharabah, continued
4. Capital
(i) In money only
(ii) Not debt
(iii) Specific amount
(iv) Paid to entrepreneur
(v) From owner of capital only
5. Business
(i) Halal
(ii) Managed by entrepreneur only.
6. Profit sharing
(i) Profit shared according to agreement in
fraction,
ratio or percentage ,not in absolute amount.
(ii) Loss borne
127
by owner of capital only.
7. Security
130
10. Ibraa’
Thank you
Wassalamu alaikum
131
Appendix
132
Appendix
RETAIL FINANCING
1. Bai Bithaman Ajil - Baiti House Financing
- Land Financing
- Shop & Shophouse Financing
- Umrah & Ziarah Financing
- Tour Package Financing
- Naqad Overdraft Facility
- Vehicle Financing
- Golf Financing
- Education Financing
133
Appendix
134
Appendix
• The depositor does not share in the risk or return in a any form. Any profit
or loss resulting from the investment of these funds accrues entirely to the
bank.
• Another view is to treat these deposits as qard or benevolent loan by the
depositor. Accordingly the bank operates “qard hasan current account”. As
in the above, the bank is free to utilize these funds at its own risk. The
depositor in its role as the lender is not entitled to any return as the latter
would constitute riba.
• The qard hasan model is less popular than the wadiah model among
bankers for the simple reason that marketing considerations demand
providing additional benefits to the depositor. Under qard hasan
framework, benefits to a lender (the depositor in this case) are rightly
frowned upon as being against the spirit of this mechanism.
SAVINGS (WADIAH/MUDARABA)
1. This deposits account basically serves the need for the safekeeping of
one’s surplus funds while providing a modest return.
2. Savings deposit however, differs from current account deposit in that the
bank now provides a return to the depositor, purely at its discretion as a
gift. Such gift is not part of the contract.
3. The following are the main features of this product. The product requires
the Islamic bank :
o To accept deposits from its customer looking for safe custody and a degree
of convenience in their use of their funds.
o To claim ownership over all profits derived from the use of such funds
SAVINGS (WADIAH/MUDARABA) (cont’d)
This products under the former are accepted for a specific period, which
is mutually determined by the depositor and the bank . The contracts
terminates at the end of the end of the accounting period. Deposits are
automatically renewable unless a notice of three months is given to
terminate the contract. No withdrawals or further deposits are permitted
in this kinds of contract, but customers are allowed to open more than
one account.
FINANCING
PRODUCTS
DEFERRED PAYMENT FACILITY ( BBA WITH COST PLUS SALE
(MURABAHA)
LEASING (IJARA) FACILITY
DEFERRED DELIVERY SALE (SALAM) FACILITY
MANUFACTURE SALE (ISTISNA’) FACILITY
RECURRING SALE (ISTIJRAR) FACILITY
BENEVOLENT LOAN (QARD) FACILITY)
REPURCHASE (BAI AL EINAH)
BILL DISCOUNTING/ FACTORING (BAI AL DAYN)
TRIPARTITE SALE (TAWARRUQ) FACILITY
BAI BITHAMAN AJIL (BBA)
o Bai bithaman ajil (BBA) or simply bai mu’ajjal is a sale where payment of
price is deferred to a future date. Often it includes features of a murabaha,
which implies a sale on a cost plus basis.
o As a financing product, bai muajjal murabaha is a very popular, and
perhaps the most popular product. BBA is a Shariah approved mechanism.
The mechanism may be described as follows. Individual A is in need of
commodity X. He approaches Bank B. Now, B buys X from the vendor
/supplier at price P. This price is also known to A. Next, B sells X to A at a
marked-up price, say P+M, where M is agreed profit or mark up taken by
B. The payment of price P+M is now deferred to a future date and is made
in full or in parts.
o BBA or bai mu ‘ajjal simply implies deferment of payment of price
irrespective of whether the cost or mark up are known to parties or not. In
a murabaha, both parties to the transaction must know the cost and the
profit or mark up. Where the seller does not disclosure the cost and profit
thereon, the transaction is called musawama.
LEASING (IJARA) FACILITY
o The first and a very popular mechanism used by Islamic Banks in South
East Asian countries is based on repurchased or bai al einah.
o A murabahah can change into bai al einah if the identity of the vendor is
not different from its client; when the banks purchases a commodity
from its client on a spot basis and sells it back to the client at a cost plus
price and on a deferred basis.
BILL DISCOUNTING/FACTORING (BAI AL DAYN)
Under the Islamic Guiding Principles, there are strict prohibitions that must be adhered to :
- DEPOSITOR – CUSTODIAN
Islamic View - INVESTOR – ENTREPRENEUR
- SELLER – BUYER
OVERVIEW OF CIMB ISLAMIC
BANK
• CIMB Islamic Bank Berhad is the global Islamic banking and
finance arm of CIMB Group. CIMB Islamic products and
operations are managed in strict compliance with Shariah
principles under the guidance of the CIMB Islamic Shariah
Committee, which comprises the world’s leading Islamic
scholars. CIMB Islamic Bank offered various types of Islamic
Financing Concept such as BBA (Bai’ Bithaman Ajil), Bai’ Al
Inah, Al Ijarah, Al Qardhul Hassan, Bai Al-Salam, Bai Al-
Dayn, Murabahah, Istisna, Bai’ Al Istiral and Musyarakah.
THE MOST POPULAR CONCEPT USED IN ISLAMIC FINANCING BANK
6 Banks pays
developer /
5
Bank will sell back the property to
customer at The Purchase price Plus vendor
profit. Customer & Bank signed
Property Sale Agreement
( PSA )
y s t he
pa
7
r
1
t om e
Cus k ’s
Customer : found B a n b y
a suitable house Pr i c e
l l i ng t s Bank buys the property
Se en From customer at the
4
l l m
insta Bank’s Purchase price.
3
Customer & Bank signed
Customer goes to the Property Purchase
Agreement ( PPA )
Bank for financing
BBA Cont..
PRICIPAL RM100,000.00
10
years
Progressive Installment Period 8
Period 2 years
years
Part I Part II
BBA Cont..
BBA – Calculation of Bank’s Selling Price – Under Construction
PRICIPAL RM100,000.00
CUSTOMER = BUYER
BANK = SELLER
THE MOST POPULAR CONCEPT USED IN ISLAMIC FINANCING BANK
BAI Cont..
BAI’ AL -INAH (BAI) – Underlying Assets ( Seller / Buyer )
Lessee = Person
Lessor = Owner Who
holds the asset
THE MOST POPULAR CONCEPT USED IN ISLAMIC FINANCING BANK
Ijarah Cont..
PERSONAL FINANCING /
HOME FINANCING HOME FINANCING TERM FINANCING
TERM LOAN
BUSINESS PREMISES /
CREDIT LINE BUSINESS PREMISES /
COMMERCIAL BULDING CASH LINE
( OVEDRAFT ) COMMERCIAL BULDING
TRADE FINANCE
FACILITIES
PROCEDURES INVOLVED
( Business Rules)
– Joint
• Tenor can be based on the younger applicant who must be gainfully
employed and meet the minimum employment duration on 6 months.
Relationship to applicant :
– Husband
– Wife
– Parents
– Siblings
– Children
Note: At least one of the asset/collateral owners must be a party to the loan/Financing
Annual income in Form B/BE/J of Inland 100% of (AI) stated in Form B/BE/J
Revenue Department divide by 12 months = ( AI / 12 )
Annual income in EA form for salaried individual. 100% of (AI) stated in EA form divided by
* For self – employed EA form NOT acceptable 12 months = ( AI / 12 )
Monthly pay slip – Expenses claim NOT ELIGIBLE for monthly income
computation
Personal Bank statements showing salary credit Average of 3 months salary credit
*Salary Deduction Adjustment Factor
applicant (self – employed is EXCLUDED)
Interest income from fixed deposit or profit from NOT ELIGIBLE for monthly income
Islamic FD equivalent (proof provided) computation
Dividend income (proof provided) 100% of gross dividend income stated in the
dividend warrant divided by 12 months
This estimation is only applicable fro self-employed / Average credit turnovers must be estimated
partner / directors. (Salaried individual is EXCLUDED) using the 3 months bank statements. This
Personal Saving / Current / FD accounts owned by a Monthly income = ( 20% average credit turnovers)
self-employed / partners / directors Numbers of account holders
This estimation is only applicable for self-employed / Average credit turnovers must be estimated
partner/director. (Salaried individual is excluded) using the 3 months bank statements. This
computation method allowed if the self-employed
applicant submits less the months bank statement
• 7 - CREDIT CHECKINGS :
But Exception may be given to housing loan/financing-I for abandoned project (with documentary evidence)
- Where balance outstanding is less than RM25k or due to small outstanding of RM10k or less.
- MOF up to 60%
- Stock and share quoted on BMSB (Bursa Malaysia Securities Bhd.)
- Unquoted shares ARE NOT acceptable
- Shares of licensed FIs / IFIs pledged as collateral shall not be aggregated
to more than paid up capital of the license FIs / IFIs concerned as
stipulated in BAFIA S21 of Islamic Banking Act 1983.
- Only Shariah Compliant stock and share are accepted.
PETROPACK
–I
Bank
Cash Line Financing Guarantee
– I ( CL – Package – For – I ( BG –
I) Petronas Petrol I)
Station
For the
Up to 5 years Term financing of
For the purchase fixed asset,
of petroleum, Financing purchases for
petroleum ( TF – I ) retail /
product and convenience
working capital store and
As performance bond, working capital
tender guarantee, security
deposit to oil companies
and other purposes related
to its business
BUSINESS FINANCING
( NON PROPERTY- PROJECT FINANCING )
PERSONAL FINANCING
-I
HIGH PURCHASE –I
AWAM –I FINANCING
FINANCING
Concept BAIL AL - INAH Concept AL-IJARAH
RETAIL FINANCING
( PROPERTY- HOME /BUSINESS PREMISES )
CONCEPT :
BAI’ BITHAMAN AJIL ( BBA )
Bai’Bithaman Ajil ( BBA ) – is a standard Islamic Banking Concept ap
Bank Negara Malaysia which refers to the sale of goods on a deferred pa
basis at a price, which includes a profit margin agreed to by both parties
Margin of financing (MOF) is up to 90% for home financing and 85% for Business
premises.
MRTT / GMTT can be financed ( 5% from loan amount ). Tenure maximum 30 yrs or
applicant reaches age of 65 yrs.
Non – Free Moving Cost ( Non-FMC ) – Valuation ,Legal and stamping fee are to be
born by customer
Mode of payment –
During construction or development ( progressive period ), payment will be cover profit
portion of the facility as prescribed rate stated above and it is based on the amount disbursed
For house / premises that are completed earlier than the expected progressive period, and
the facility amount has been fully disbursed, the customer may option to pay monthly
payment immediately and the payment will be charged based on the current profit rate.
For completed premises, the customer will start to serve the payment in the event of the
first disbursement is less than the Bank’s Purchase Price.
Excess Payment –
Any excess amount paid by the customer shall be treated as advance payment under the
facility and is parked in the system as memo item.
Advanced Payment –
Customer is allowed to make advanced payment based on following terms :-
Advanced payment ( ‘Go Holiday’ ) Upfront lump sum payment amount for a specific period
of time.
Advanced + Prepayment. Lump sum payment amount for a specific period time and any
excess is to settle principal amount.
Where ;
Rebate = Outstanding Profit – Profit Due but Not Paid – Profit Not Rebate
And
Profit Not Rebated =
3% x original Facility Amount or RM5000.00 which ever is higher.
Where ;
Rebate = Outstanding Profit – Profit Due but Not Paid
RETAIL FINANCING
( PROPERTY- HOME /BUSINESS PREMISES )
For failure to pay any monthly payment / progressive payment of the facility from the
date of first disbursement until the last date of the facility period, the compensation
rate that shall be applied is 1% p.a on the overdue amount or any other method
approved by BNM.
If the facility remains unpaid after the facility period, the compensation rate that shall
be applied is the Bank’s current Islamic Inter bank Money Market ( IIMM ) rate on the
outstanding principal balance or any method approved by BNM.
Financing Officer
Click Acceptance, solicitor ( appoint by customer ) and Valuer selection ( refinancing ).
Sent acceptance LO, Insurance form ( MRTT ) to RETAIL CREDIT ADMIN DEPT ( RCAD )
and Solicitor for disbursement
Cont….
SOLICITOR
CSA Officer CSA Officer
# Stamping Document
Power Attorney ( PA ) # Advise to release
# Register title at Land Office /
execution # 1st disbursement
High Court
Salaried Applicant:
• NRIC photocopy.
• Latest 3 months salary slip.
• Last 3 month bank statement ( saving – salary )
• EA form / EPF statement (last 2 years).
• Sales & Purchase Agreement / Booking receipt from developer / Valuation Report
( If available ).
Self-Employed:
• NRIC photocopy.
• Latest 3 months salary slip.
• EA form / EPF statement (last 2 years).
• Sales & Purchase Agreement / Booking receipt from developer / Valuation Report
( If available ).
• Business registration A&D
• Last 3 months bank statement ( Saving / Current Account )
DOCUMENTATION IN ISLAMIC FINANCING
( APPROVED AND ACCEPT BY CUSTOMER -
( HOME / BUSINESS PREMISES )
Prepared by Financing Officer
Recovery
Collect payments from Non Performing ( NPL ) accounts
Litigation
Collect payments of NPL accounts via legal action
STRATEGIC COLLECTION
ACTIVITIES
3 CONSECUTIVE MONTHS
3 MONTH –
3 MONTH –
2ST LEGAL NOTICE OF DEMAN
ST
LEGAL NOTICE OF DEMAND
( settled within 14 days )
SUMMONS FILED
NON PERFORMING LOAN ( NPL )
( JUDGEMENT )
Notice of Demand
Served by AR registered
Served Not Served
Appearance entered
Not contested No appearance
Contested
Consent Judgment Judgment in default
NON PERFORMING LOAN ( NPL )
( JUDGMENT)
Defendant filed defence
Judgment Judgment
Application dismissed
( Judgment allowed ) ( Judgment allowed )
Full Hearing
Decision
( Plaintiff’s claim
allowed / dismissed )
NON PERFORMING LOAN ( NPL )
( PUBLIC AUCTION )
NOTICE OF
DEMAND
16D NOTICE
Contract breach within 30 days The expiry of the notice varies
according to the annexure
LAND OFFICE HIGH COURT
Title num : H.S. Title num : H.S. ( D ) /
(M) GRANT
16G FORM ORIGINATING SUMMONS &
FILED AFFIDAVIT FILED
( Balance financing / particular grant )
INQUIRY PERSONAL SERVICES
( VISIT / AR )
HIGH COURT
Title num : H.S. ( D ) / GRANT
SUCCESSFUL UNSUCCESSFUL
SERVICE SUBTITUTED
SERVICE
SERVICE
Title num : H.S. ( M )
- ADVERTISE
LAND OFFICE
- COURT POSTING
- PREMISS
POSTING
AFFIDAVIT OF NO APPEARANCE
SERVICE
CERTIFICATE OF
APPEARANCE NO APPEARANCE
FILEDOF
NOTICE
APPOINTMENT APPOITMENT NOTICE
TO HEAR
ORIGINATING
SUMMONS
(NATHOS)
SERVICE NATHOS
bank )
LAND OFFICE
HEARING OF NATHOS
Auctioneer
VALUATION REPORT
2. Reserve Price
SUMMONS FOR DIRECTION & AFFIDAVIT
3. Date Of Auction
ORDER FOR AUCTION
SALE
NON PERFORMING LOAN ( NPL )
( PRIVATE AUCTION )
Issue Notice Of Demand cum Notice to Quit
Letter to Developer for Notification
Letter to Valuer for Valuation Report
Appoint Auctioneer
Advertisement of Auction
( Letter to Defendant to inform Auction Date )
Auction
PERSONAL SERVICE
UNSUCCESSFULL
NON PERFORMING LOAN ( NPL )
( BANKRUPTCY )
CONT
…
SUBSTITUTED SERVICE
BANKRUPTCY NOTICE VALID FOR 3 MONTHS. IF
NOT SERVED WITHIN THEN, TO RENEW BY FILLING
APPLICATION TO COURT
NOTICE SERVED
IF NO RESPONSE, FILE CREDITORS PETITION WITHIN
6 MONTHS AFTER SERVICE OF BANKRUPTCY
NOTICE
FILE AND EXTRACT CREDITORS PETITION
PERSONAL SERVICE
NON PERFORMING LOAN ( NPL )
( BANKRUPTCY )
CONT
…
UNSUCCESSFUL
SUBSTITUTED SERVICE
PETITION SERVED
THE ACCOUNTING
ENVIRONMENT OF ISLAMIC
BANKS
Accounting Process Accounting
in Islamic Banking Principles
The Accounting
Environment
of Islamic Banks
1. Income Statement
2. Statement of Financial Position (Balance Sheet)
3. Statement of Changes in Shareholders’ Equity
4. Cash Flow Statement
5. Statement in Changes in Restricted Investments and their Equivalent
6. Statement of Sources and Uses of Zakat and Charity Fund
7. Statement of Sources and Uses of Qard Fund
• While the first 4 reports seemed the same as conventional banking, presentations are
rather different mainly because of certain distinct definitions of items within Islamic
banking environment. The last 3 reports are unique to Islamic banking.
MAJOR USER GROUP
Given the many user groups, reports within the financial statement
of an Islamic bank need to be broad enough to address the different
requirements of these groups.
Other
depositors
Others who
transact Holders of
business investment
with the account
Islamic bank
Major users of
an Islamic
bank’s
Current financial
and saving report
Equity
accounts holders
holders
Zakat Regulator
agency agencies
KEY
DIFFERENCES
BALANCE SHEET
In conventional accounting, the balance sheet has these few components,
namely assets, liabilities and owners’ equity. In Islamic banking, there is one
additional component called “equity of unrestricted investment account
holders”.
Asset Liabilities
• The Guidelines on the Specimen Reports and Financial Statements for Licensed
Islamic Banks or GP8-i was issued to the Islamic banks (IBs) in August 2003. It sets
out the minimum requirements for the presentation and disclosure of reports and
financial statements of IBs. The GP8-i is to be adopted by the IBs for annual accounts
commencing 2004.
• Reporting institution shall include a note in the Directors' Report in the annual financial
statement on compliance with the Bank's expectations on financial reporting, including the
Guidelines on Classification and Impairment Provisions for Loans/Financing.
SHARIAH
COMMITTE
E
SHARIAH COMMITTEE’S REPORT
• Bank Negara Malaysia through its “Garis Panduan 8 –i" (GP8-i)
had required the Shariah committee to produce a Shariah
committee report expressing their opinion on the Islamic Bank’s
compliance with Shariah. Currently the minimum requirement of
the report is shown in Appendix I. The current Shariah Committee
report for Islamic banking in Malaysia had been issued in
compliance with the minimum requirement as been outlined by
Bank Negara Malaysia through the GP8-i. This is evidence as been
observed in their respective annual report.
DUTIES AND RESPONSIBILITIES
● in manufacturing sector
● in construction sector
● in general commerce
Economic Sector Focus & Sectoral Caps
Sectoral Caps and Hurdle Limits
Economic Sectors Caps and Limits
● Manufacturing Sector 30% of Total Loans
● Real Estate Sector 7.5% of Total Loans
● Construction Sector 7.5% of Total Loans
● Housing Sector 20% of Total Loans
● Telecommunications Sector RM 1.5 billion
● Oil and Gas RM 3.0 billion
Country Limits
Main Considerations
● To establish country ceilings on the amount of cross-
border risk that is deemed acceptable to the bank
● Each country ceiling must be carefully reviewed on a
periodic basis in relation to the bank’s capital and
the respective lending environment
Country Limits
Example
Country Total Limit
● China USD 500 million
● Cambodia USD 50 million
● Vietnam USD 230 million
● Myanmar USD 25 million
● Indonesia USD 250 million
● Philippines USD 250 million
Bank Limits
Main Considerations
● Limits can be set for risk exposures to banks and
other financial institutions as a constituent to the
overall country limit for that country concerned
● Securities held-for-trading
● Securities held-to-maturity
● Securities available-for-sale
Securities Portfolio
ISLAMIC MARKETING
INTRODUCTION
• When we say Islam is not just a religion, it’s a way of life then it
must provide us the guidelines on how to conduct business. A lot
of work has been done on Islamic finance but limited, very
limited work has been done on this topic.
• this is to change as scholars, academics, policy makers,
managers and other practitioners from all around the world are
gathering in Kuala Lumpur, Malaysia for the“1st International
Conference” on Islamic Marketing and Branding, which will be
held on the 29th and 30th November, 2010. Another step in the
right direction is the launch of “Journal of Islamic
Marketing”which aims to lay the foundation of, and advance,
Islamic marketing as a new discipline
DEFINE
• Marketing is the management process that
identifies, anticipates and satisfies
customers requirements profitably
• Marketing is the process of planning and
executing the conception,pricing,promotion
and distribution of ideas, goods and service
to create exchanges satisfy individual and
organizational objective.
Product development
• Permissible
• Promised quality
• Beneficial for health or life
• Trustworthiness
• Beneficial for people
5PS OF MARKETING
• PRODUCT
manufactured should be legalize and its
impact on customer satisfaction should be
positive.
according to islamic values product must
be lawful and not created a flatness of mind in
any form.
• PRICE
islam does not prohibited price control and
• PLACE
the intend of distribution channels should
be to create values and strengthen the
standard of living by providing sharia
compliant satisfactory services
• PROMOTION
purpose of advertising is to inform or
educate the consumer, it is pertinent that the
information dispersed encourage good deeds
• PEOPLE
customer has the right to get accurate
information about the product and is
indicative of the status given to him by islam,
as well as of the predetermined right of his
wealth that he spends in purchasing product
of any company
SELLING IN ISLAMIC
PERSPECTIVE
• The subject matter that is to be sold should
be some value, specific , quantified should
not be harmful for individual as well as for
society and can be capable of
ownership ,can be delivered and must be in
possession of seller at the time of sale
CHALLENGE FACED BY
ISCM
• Riba (interest)
• Ihtikar(hoarding)
• Adulteration
• Sale of defective goods
• Sale of one debt to another
• Sale of nonexistent commodity
• Short measuring
CONCLUSION
• Islam teachings are civilized, create wisdom of
responsibility and accountability in the mind of believers.
Muslim consumer feel comfortable with marketing
practices carried out in shariah compliant perspective,
information about target muslim market will be valuable to
both business as well as muslim in identified the gap
between muslim consumers expectations and current
business practices with respect to islamic marketing. islam
does not bear intervention in the market system by
hoarding , adulteration , and other form of exploitation and
thus such product should not be marketed or sold as well.