The first Islamic bank was established in 1983. In 1993, commercial banks, merchant banks and finance companies were allowed to offer Islamic banking products and services under the Islamic Banking Scheme (IBS). These institutions however, are required to separate the funds and activities of Islamic banking transactions from that of the conventional banking business to ensure that there would not be any co-mingling of funds.
ISLAMIC BANKING
Islamic banking is a banking activity that is based on Syariah principles. It does not allow the paying and receiving of interest and promotes profit sharing in the conduct of banking business.
SYARIAH PRINCIPLES IN ISLAMIC BANKING
Islamic banking has the same purpose as conventional banking except that it operates in accordance with the rules of Syariah, known as Fiqh al-Muamalat (Islamic rules on transactions). The basic principle of Islamic banking is the sharing of profit and loss and the prohibition of riba' (interest). Amongst the common Islamic concepts used in Islamic banking are profit sharing (Mudharabah), safekeeping (Wadiah), joint venture (Musyarakah), cost plus (Murabahah) and leasing (Ijarah).
SYARIAH ADVISORY COUNCIL/CONSULTANT
Islamic banks and banking institutions that offer Islamic banking products and services (IBS banks) are required to establish Syariah advisory committees/ consultants to advise them and to ensure that the operations and activities of the bank comply with Syariah principles.
In addition, the National Syariah Advisory Council set up at Bank Negara Malaysia (BNM) advises BNM on the Syariah aspects of the operations of these institutions, as well as on their products and services.
SYARIAH CONCEPTS IN ISLAMIC BANKING Wadiah (Safekeeping)
In Wadiah, a bank is deemed as a keeper and trustee of funds. A person deposits funds in the bank and the bank guarantees refund of the whole amount of the deposit, or any part of the outstanding amount, when the depositor demands for it. The depositor, at the bank's discretion, may be rewarded with 'hibah' (gift) as a form of appreciation for the use of funds by the bank. Mudharabah (Profit Sharing)
Mudharabah is an arrangement or agreement between a capital provider and an entrepreneur, whereby the entrepreneur can mobilise funds for its business activity. Any profits made will be shared between the capital provider and the entrepreneur according to an agreed ratio while losses are borne solely by the capital provider. Musyarakah (Joint Venture)
This concept is normally applied for business partnerships or joint ventures. The profits made are shared on an agreed ratio while losses incurred, will be divided based on the equity participation ratio. Murabahah (Cost Plus)
The selling of goods at a price, which includes a profit margin agreed by both parties. The purchase and selling price, other costs and the profit margin must be clearly stated at the time of the sale agreement. Bai' Bithaman Ajil (Deferred Payment Sale)
The selling of goods on a deferred payment basis at a price, which includes a profit margin agreed by both parties. Wakalah (Agency)
When a person appoints a representative to undertake transactions on his/their behalf. Qardhul Hassan (Benevolent Loan)
A loan extended on a goodwill basis and the borrower is only required to repay the amount borrowed. However, the borrower may, at his discretion, pay extra (without promising it) as a token of appreciation. Ijarah Thumma Al Bai' (Hire Purchase)
There are two contracts involved in this concept. The first contract, Ijarah contract (leasing/renting) and the second contract, Bai' contract (purchase) are undertaken one after the other. For example, in a car financing facility, a customer enters into the first contract and leases the car from the owner (bank) at an agreed rental over a specific period. When the leasing period expires, the second contract comes into effect, which enables the customer to purchase the car at an agreed price. Bai' al-Inah (Sell and Buy Back Agreement)
The financier sells an asset to the customer on a deferred payment and then the asset is immediately repurchased by the financier for cash at a discount. Hibah (Gift)
A token given voluntarily in return for loan given or benefit obtained.
BANKING PRODUCTS/SERVICES OFFERED BY ISLAMIC BANKS AND IBS BANKS
There is a broad array of products and services offered by Islamic banks and IBS banks. The list of products/services are given in Appendix.
All banks that provide Islamic banking products and services are required to display the Islamic banking logo as shown below:
Appendix II
Banking Institutions Offering Islamic Banking Products and Services (as at 30 September 2003)
Islamic Banks
Bank Islam Malaysia Berhad
Bank Muamalat Malaysia Berhad
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