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Understanding Islamic Finance - Doha Academy of Tertiary Studies

Understanding Islamic Finance - Doha Academy of Tertiary Studies

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Financing Principles and Practices 359different countries. While banks and non-banking institutions like investment banks aremanaged mostly by the central banks, equity and debt market businesses, funds, unit trusts,venture capital, etc. are governed by the Securities and Exchange Commissions in respectivejurisdictions. But there may be some slight differences in regulatory set-up in variousjurisdictions.<strong>Islamic</strong> financial institutions (IFIs) obtain funds from a number <strong>of</strong> sources, which include:shareholders’ equity, customers’ general or investment deposits, inter-bank borrowings and,in some cases, the central banks. The bases for mobilization <strong>of</strong> funds are Mudarabah andWakalatul Istismār (agency). Unrestricted or restricted investment deposits are based on theprinciple <strong>of</strong> Shirkah, while current accounts are normally kept as loans and are not entitledto any return.14.3.1 Management <strong>of</strong> Deposit Pools and InvestmentsFor the purpose <strong>of</strong> investment <strong>of</strong> funds, IFIs maintain common and separate pools or generaland individual portfolios. The volume <strong>of</strong> investment deposits determines the banks’investment strategies. If depositors are risk-averse, banks should also be risk-averse, investingin less risky modes and avenues. Keeping in mind the depositors’ risk pr<strong>of</strong>iles,pr<strong>of</strong>itability and liquidity, they should invest through PLS modes in high-risk venturesand through debt-creating modes in low-risk investments. They should also deploy fundsin financial markets and make fee-based earnings through investment management andservices.The financing assets <strong>of</strong> <strong>Islamic</strong> banks are grouped into different investment pools withrespect to the source <strong>of</strong> funds. The funds and financing assets can be allocated to thefollowing investment pools:• general deposit pools (domestic or foreign currencies);• central bank’s refinance scheme pools (like the <strong>Islamic</strong> export refinance scheme <strong>of</strong> theState Bank <strong>of</strong> Pakistan);• treasury/financial institutions pool;• equity pool;• specific customers’ pools.The above pools are managed at the Head Offices or the Area Offices <strong>of</strong> the banks.The internal auditor and/or Sharī´ah advisor have to take the following steps to ensurethe Sharī´ah compliance <strong>of</strong> deposit management with respect to investments by an <strong>Islamic</strong>bank:• Distinguish between various kinds <strong>of</strong> deposits <strong>of</strong>fered by the bank under variousschemes and to see that proper ratios for sharing pr<strong>of</strong>its/losses have been given andweightages assigned based on the tenors <strong>of</strong> deposits and disclosed to the depositors;assigning different weightages on the basis <strong>of</strong> size <strong>of</strong> accounts <strong>of</strong> the sametenor, although permissible with proper disclosure to all depositors, has to be generallydiscouraged, as it may lead to favouritism and injustice. It should also be ensuredthat the pr<strong>of</strong>it is allocated using the concept <strong>of</strong> daily product and the weightagessystem.• Ensure that the bank has not assured any fixed return to any individuals or group<strong>of</strong> depositors; if any projected rates have been quoted, the same must be subject to

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