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At the outset, I would like to thank the organizers of this august forum and the
management of Riphah University for providing me this opportunity to share
my thoughts with you.
I would like to say that we as a country are facing one of the most crucial times
in our history on the political front, as well as, on the economic front. In these
difficult times, it is a need, that economic activity be initiated at the grass root
level, by pooling resources and providing means of living and mutual benefits
to the poor and needy people. This will provide the poor but capable people of
Pakistan, an opportunity to find their destiny, in form of economic
sustainability, self-sufficiency and prosperity, and all of these within the
parameters defined by the Creator of this world. And this understanding
compelled me to do what I can do in visualizing a model for that.
Another reason for this endeavor, is that Islamic finance and banking is a
progressing commercial venture in the world. It is a viable business, as well
as, an avenue providing a shelter to the Muslim Ummah against Riba and
other prohibited financial transactions and businesses. At the same time, this
system, at present is facing a number of objections. And through a proposed
model I want to do some service to Islamic Finance.
Basic Arguments Against Islamic Banking
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International Conference on Islamic Micro Finance
21-22 July 2009
Since we have to stick to our topic today, hence, we have no time to go into
detail for such objections and to discuss arguments and counter-arguments for
the same. But I would only like to say that this effort is intended to be free from
these objections.
My Vision about Islamic Economic System
This system does not prohibit anybody to earn, save and invest, and allows
individual ownership rights to an individual in his life, and at times even makes
it mandatory to earn livelihood for an individual. At the same token, this system
puts hurdles and prohibitions on earnings through impermissible activities
(which are primarily against the overall social and economic objectives), as
well as, discourages uncontrolled concentration of wealth in individual’s hands.
This system, when in operation, does not accept anyone living his life below
the poverty line. It gives right to individuals on the common resources, and
establishes a passage of drain of wealth and resources within the system and
from rich to poor.
This system encourages trade and commerce and promotes every individual
to play his role in the socio-economic cycle.
The basic tools used by this system to achieve its objectives include, without
limitation, the tools like Zakat and Ushr, Sadaqat and Khairat, Khums, Fay,
Khiraj and Jizya, as well as, law of inheritance and discouragement of being
miser and stingy.
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Due to scarcity of time, I would like to call your attention towards just one
matter i.e. we have to be mindful of the fact that Riba is impermissible, in all
forms – so our transactions have to be interest-free. It is also noteworthy that
Riba is one of the worst sins, a human can commit i.e. due to its severity, it
has been construed as a war against Allah Almighty and His Messenger.
1. In asking for Qard, the person is more likely in real need as compared to
donations because donations make a person fond of easy money;
2. In case of donations, the recipient more often turns out to be a futile part
of the social and economic system;
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I have a firm believe that Micro Finance is a need of time, duly debated,
discussed and established. In addition, even experts with conventional
mindset conclude that in countries and societies like ours, an Islamic variant of
Micro Finance is mandatory to attract and appeal the masses.
Experiences of Islamic Micro Finance in Pakistan
In Pakistan, even the conventional Micro Finance has not yet reached any
respectable level, let alone Islamic Micro Finance. It would not be an
exaggeration to say that the current status of Islamic Micro Finance in
Pakistan, is far below than a good beginning.
But this is not the only problem, as other issues are also arising with regard to
the operational model, as well as, Shariah compliance. It is worthwhile to
mention that everything claimed to be Islamic, particularly in the fields of
banking and finance, is not necessarily Islamic.
I feel that we now already have done enough discussion on the background,
and now should proceed to the summary of the proposed model:
1. The first and the foremost point to mention is that this proposed IMFB
model is a mix of commercial and benevolent objectives;
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• In rural areas:
o Financing under various modes for farmers for having access directly
to the market, and thus avoiding excessive commissions and
intermediary profits charged by the middle men
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International Conference on Islamic Micro Finance
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There is a long list of avenues and opportunities, as well as, the options which
can be utilized to fund such requirements, but the scarcity of time does not
allow us to go in further details of the same.
In case of Murabaha, Ijarah and Diminishing Musharaka i.e. the fixed return
based products, the rate of profit will be somewhere around K-2% to K-3%.
In case of Salam and Istisna, the expected profit ratio would be within the
same range. But, we are not going to virtually fix the return, so the difference
between the actual and expected selling prices would relate to the IMFB.
I would also like to propose that in case of Musharaka, the Bank’s share as a
dormant partner would, in any case, not exceed 60% of the proportion of the
Bank’s investment in the venture. This proposed condition is stricter than the
condition imposed by Shariah.
Financings would be generally for short to medium term i.e. from 3 months to
2 years. However, in certain cases the tenure may be increased upto 5 years.
It will be our endeavor to identify short to medium term, projects which are
more viable, productive and result-oriented.
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Since all these transactions will be based on profit and loss sharing, hence,
there arises a risk that the return being offered by the IMFB on its PLS
deposits would theoretically be less than the rates being offered by
conventional banks and Islamic banks. This may cause problems in deposit
mobilization for the IMFB. Consequently, it may be said that common
depositors would not be attracted by this IMFB and it will have to emphasize
on two categories of depositors:
1. Those who would like to be a part of the objectives of this IMFB, and for this
purpose, the would even be willing to sacrifice a part of their profits; and
2. The population from the target area – who will be able to reap additional
benefits from the operation of IMFB in their area, including the benefits of
Micro Takaful.
However, it is just a risk and the theory suggests that since our maximum
efforts will focus on separation of charitable purposes from the commercial
venture, hence, the commercial venture of its own, will remain a viable and
feasible business.
Loans for Personal Need
Loans for personal needs may be divided in two different categories i.e.:
1. emergency and urgent needs e.g. against medical needs, for repair of
house in catastrophe or during unemployment period; and
2. the long-term needs e.g. construction of house, boring for water or higher
education of children.
Loans for urgent and important personal needs will preferably be provided on
Qard-e-Hasana basis. However, taking care of the ground realities, if the Qard
Fund can not support any such transactions, then any appropriate financing
transaction may be applied.
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Here arises the question as to how Qard will be used for financings for
commercial purposes. For that we have two conditions:
• We can not finance major amounts in Qard i.e. the amount required should
be very minor or negligible – e.g. in the beginning this may be set at the
level of Rs. 10,000; and / or
• The financing shall be used for some purpose providing significant social
benefit – e.g. in providing financing for a private school, madrassa, book
shop, dispensary or clinic (even with profit-motive).
Limitations to be laid down for Qard-e-Hasana
Our IMFB cannot work solely, or even primarily, on the basis of Qard because
of:
1. inflation effect, which will shrink the purchasing power of funds available;
2. bad debts and non performing assets which will reduce the pool size; and
The Trust will also allow the IMFB to use a portion of such fund e.g. 20%
thereof, in its commercial transactions which will provide sustainability to the
IMFB.
It will also be a policy of IMFB to deploy a portion of current accounts say 40%
thereof, in disbursing Qard. This will not have any additional cost on the IMFB,
and will enable it to continue with its Qard transactions, without additional cost.
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Similarly, Qard TFCs may also be issued to the public at large. It will have
benefits to the IMFB and the overall mission, in various forms and will prove
sustainability and growth, as well as, will support in capital requirements.
IMFB will also request its investors to re-invest their respective dividends in
current accounts, till the time they don’t personally need them or to put them in
the Qard Fund maintained by the Trust. This will enhance the fund base
available for the providing Qard.
Is it commercially feasible?
Having said that, at the same time, it needs to be said that this plan includes at
least two facets which will significantly contribute to the profitability – on the
commercial side. The first one is that the level of fixed expenditure has been
set at the lowest possible level. The second one is that the charitable aspect
and not-for-profit activities including the Qard-e-Hasana mechanism has been
set in a china-wall style through which it will be ensured the charitable and not-
for-profit activities remain self-funded and do not hamper the commercial
viability and profitability of the project. Even we have suggested a model of
payment of receivables against genuine defaults through Zakat. In addition, at
this point of time, a tax benefit is also available to Micro Finance institutions
which will also improve the bottom line.
But these arguments are not enough. This model is not just meant to become
a profit-earning device for a bunch of capitalists. This, instead, is a model
suggested for those who pray to Allah Almighty for the best returns in this life,
and the life hereafter. Even if all the returns are kept by Allah Almighty for the
life hereafter, we expect that they are not going to say that it is a deficit case.
Establishment of Islamic Micro Finance Bank (IMFB) – Corporate
Setup
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There is, nevertheless, probability that if the sponsors are not able to provide
complete capital as per their respective requirement, they may provide 51% of
capital and then refer to the general public in form of IPO of the IMFB, or
through private placements.
Even if, any organization or a group of people is willing to do this sort of effort,
and they do not have sufficient capital available, even then, they can take start
through forming a cooperative society, which may, in reasonable time be
transformed in IMFB. However, there shall remain a number of legal
impediments on the operation of the cooperative society.
• Qard – obtained from public and masses, primarily for the IMFB’s Qard
operations
Trustees and management of the Trust would be separate from the IMFB’s
management. However, representation of IMFB’s BOD and the SSB, will be
ensured in the Trust through one ex-officio Trustee each, from both of them.
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Besides other uses of Zakat Fund, in line with customary practices, a key use
of Zakat and donations will be in payment of debts of genuine insolvent
debtors or customers of the IMFB. This will however, always be subject to
approval of the Trustees of the Trust. This will significantly reduce the default
and NPL rate, and additionally, will provide support and strength to the
customers of the IMFB.
Capital will be sourced and pooled through all possible sources, and will be
categorized in the commercial capital and mission-oriented capital. Our
business model will be ensuring market compatible returns for the commercial
capital and the less-profitable activities will be catered through different kinds
and types of mission-oriented capital, whose primary motive is social, rather
than economic.
Limiting the Infrastructure: Thus Saving Costs
This will save staff fixed cost in the beginning, till the time the IMFB is able to
invest further on the human capital and infrastructure.
Number of branches of the IMFB shall also remain minimum and the field
units, partner organizations and a network of volunteers will be filling in the
gap. In addition, window based setups can be arranged with one or more
Islamic commercial banks for providing network support and save the
infrastructure costs.
Role of Partner NGOs and Volunteers
As a result of this sort of business structure, this IMFB will be more and more
dependent on the partner NGOs and network of volunteers.
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This IMFB will also develop a network of volunteers, who will be providing a
number of services on honorary basis. However, on a business case basis,
honorariums may also be paid to some or all of the volunteers. These
volunteers will be provide a number of services particularly including the
background check for customers, transaction executions support e.g. as agent
of the IMFB, providing guarantees to the customers and at times providing
guidance and support in accounting and book-keeping, where required.
We will try to identify volunteers who have good credibility in the society and
have a social position providing them a suitable knowledge about the
members of a specific population group. As an example, we may identify good
volunteers amongst school teachers, Hakims and Imams.
Difference with Contemporary Islamic Banking
Keeping eye on the ideal state, by the same token, we will also consider the
practical issues in implementation of a profit and loss sharing based financing
and investment mechanism. In this respect, particular attention would be given
to the application of Musharaka and Modaraba, to the maximum extent
possible.
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• It will be our endeavor to avoid appointing the same person as agent for
procuring and selling the goods, and taking delivery thereof, on behalf of
IMFB. Instead of that, respective volunteers, guarantors or any other
person will be requested to be appointed as the agent.
We also suggest that the Board of Directors (BOD) of the IMFB should also
have representation from technocrats, minority interest and an ex-officio
representative from the SSB.
Social Responsibilities
In our proposed model, the Micro Takaful and Mutual Kafalah System has
much more significance as compared to the prominence given by a
conventional micro finance bank in respect of micro insurance. We can rather
say that it is an integral part of our proposed model, rather than an ancillary
product attached to Micro Finance business. The objective is that the target
group of population should be provided an opportunity of putting their first step
on the way of self-sufficiency, leading eventually to prosperity.
One of the prime reasons for giving such prominence to the same is that
generally a rich or a well-off person always has to face major risks, but
generally the probability of the risk of bankruptcy of such a person by virtue of
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On the other hand, a poor and needy person, even if he is self-sufficient in his
earnings and expenditure hardly has any room for absorbing even a small risk
like personal or family-member’s illness or a loss of shelter in catastrophic
situations. Such a person immediately falls below the line and turns out to be a
burden on the society through un-employment and other relevant and ancillary
factors. Further to that, his family also immediately starts suffering which may
include e.g. disturbance of children’s education, and so on. Keeping in view
these real-life situations, it will remain a focal point for our project.
However, we may not be able to start a full-fledged Micro Takaful entity at the
beginning. It, nevertheless, does not mean that we want to ignore this job at
this stage, but, we would like to establish a working connection with one or
more Takaful companies operating in the country. If it works out properly, then
this arrangement may continue in future also, as we do not want to be Jack-
Of-All-Trades. Nevertheless, since the present day Takaful business is
established with profit motives, we may have to avoid a few of its ancillary
functions, to make it compatible with our model.
Objective of Micro Takaful Project
Here we have the next question, as to what objectives this proposed Micro
Mutual Takaful system will aim to achieve?
Now, I would like to summarize in a few words, at the conclusion of this paper,
the vision and mission of this project.
Whereas, we have full faith and believe that Allah Almighty has not created the
mankind without any purpose. We also feel that as a part of these purposes, it
is the responsibility of the whole society as a Fard-e-Kifaya to ensure that
avenues are always available for providing help, both financially and socially,
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We firmly believe that through establishment of this model IMFB and through
implementation of a system of Islamic Micro Finance and Micro Takaful, we
can contribute something to the society and make some efforts to fulfill the
responsibilities that Allah Almighty has bestowed on us, as individuals and
collectively as an Ummah. We feel that this model can contribute positively
towards establishment of a just and equitable social and economic system,
that can bring happiness and prosperity for us in this worldly life and in the life
hereafter.
In the end, I would like to pray to Allah Almighty to help us in our efforts, and
make all such efforts fruitful, in this worldly life, as well as, in the life hereafter.
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Apart from advisory and audit related activities, Omar is the author of a book
“Managing Finances – A Shariah Compliant Way”. The book has been widely
welcomed as a source of conceptual and practical guide by Islamic finance
experts, bankers and practitioners.
Omar has been one of the key speakers and a trainer for training courses for
Islamic bankers arranged by the National Institute of Banking and Finance
(NIBAF) and has delivered courses and lectures at various professional and
training institutions.
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