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Understanding Islamic Finance - Doha Academy of Tertiary Studies

Understanding Islamic Finance - Doha Academy of Tertiary Studies

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The Way Forward 477very difficult for IFIs unless they change their strategy and structure. In order to meet thischallenge, IFIs have to make efforts in coordination with the regulators, Sharī´ah scholarsand the customers. Prospering in the competitive environment on a sustainable basis wouldrequire;• conformity <strong>of</strong> products and transactions with the Sharī´ah principles;• best practice strategy for screening <strong>Islamic</strong> investments along with taking care <strong>of</strong> credit,market and other operational risks;• innovative products;• better quality <strong>of</strong> service to the customers.In a highly competitive environment, IFIs would require some structural adjustmentsenabling them to deal with real sector business, implementation <strong>of</strong> trading, leasing and realestaterelated contracts using both pr<strong>of</strong>it/loss sharing (PLS) and “fixed-rate” <strong>Islamic</strong> modes<strong>of</strong> financing. For example, banking laws and regulations in many jurisdictions require thatdeposits be treated as capital guaranteed, while Sharī´ah requires that the same should bebased on pr<strong>of</strong>it/loss sharing. This problem could be resolved if IFIs operate in the form <strong>of</strong>mutual funds. Such an approach would enable them to earn higher pr<strong>of</strong>its, as businessesin the real sector normally earn, and pass on a greater part <strong>of</strong> the pr<strong>of</strong>its so earned to thesavers/investors.Developing Benchmarks<strong>Islamic</strong> financial institutions require benchmarks for pricing <strong>of</strong> goods and services andfor determining sharing ratios for distribution <strong>of</strong> pr<strong>of</strong>it among partners <strong>of</strong> joint ventures.Such benchmarks will be different in different jurisdictions and sectors/subsectors and willrequire deep study, keeping in mind the level <strong>of</strong> development, the supply and demand <strong>of</strong>goods and services and also the assets and liabilities <strong>of</strong> the customers. Such studies needto be undertaken at international as well as country levels. One such effort was made byAbbas Mirakhor and Nadeem ul Haque in 1998, focusing on developing some indices forcalculating rates <strong>of</strong> return on national participation papers (NPP). 12For the time being, conventional benchmarks are being used by IFIs in almost all jurisdictions.Although permissible from a Sharī´ah point <strong>of</strong> view as a tool and basis for pricing<strong>of</strong> goods and their usufructs, a benchmark reflective <strong>of</strong> fictitious assets, as is the case in theconventional framework, will not be helpful in realizing the socio-economic objectives <strong>of</strong><strong>Islamic</strong> banking and finance. This will require long-term and sustained efforts on the part <strong>of</strong>the economists, bankers, policymakers and the Sharī´ah scholars.Product Development – Financial EngineeringThe need for innovative products for cash management and financing <strong>of</strong> various sectors,particularly the government or public sector, cannot be overemphasized. It requires mutualefforts by the economists, practitioners, Sharī´ah scholars and the regulators. The majorchallenge in product innovation and designing the investment products is ensuring Sharī´ahcompliance in line with the mainstream theory developed so far. Any resort to Sharī´ah12 Mirakhor and ul Haque, 1998.

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