Professional Documents
Culture Documents
2011
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ISLAMIC BANKING IN INDIA
OM NAMAH SHIVAY
INDEX
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ISLAMIC BANKING IN INDIA
BANKING SECTOR
But in India only 40% of the people only have tasted the sweetness of the
facilities of the banks. Still the marginalized 60% haven't got chance to go
through the entire banking process. These downtrodden groups are keeping
themselves away from the banking procedures because of the huge interest
imposed by the banks. A grand welcome will be made to those initiatives
taken, which would act in a friendly manner by providing interest free
banking facilities would make these marginalized groups also to be a part of
the banking sector. An interest free banking system is functioning
successfully around the globe. This banking system is called Islamic Banking.
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INTRODUCTION
The Islamic banking today has become most popular and reliable financial
system in the world. It appeared in the world scene as active players over
three decades ago. But as many of us know most of the principles which is
based on the Islamic banking, commonly accepted by all over the world goes
for century then decades. Islam as a religion very clearly prohibits the Riba-
the interest, so the basic principle of Islamic banking is the prohibition of
Riba (interest) base transactions.
Islamic banking responds to the needs of Muslim customer, they are not
acting as religious institutions. Like other bank their main motive is to
maximize its profit but in case of the Islamic banking it is not there they act
as the mediator between the savers and investors and offer custodial
services which is found in other traditional banks. The major constraints
which are being faced by this bank (Islamic banks) are based on the
prescriptions in the Shariah law.
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In the next 20 years or you can say that in the next two decades interest-free
banking attracted more attention, partly because of the political interest it
created in Pakistan and partly because of the emergence of young Muslim
economists. Works specifically devoted to this subject began to appear in
this period. The first such work is that of Muhammad Uzair (1955). Another
set of works emerged in the late sixties and early seventies. Abdullah al-
Araby (1967), Nejatullah Siddiqi (1961, 1969), al-Najjar (1971) and Baqir-al-
Sadr (1961, 1974) were the main contributors. The early 1970s saw
institutional involvement.
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In 1972, the Mit Ghamr Savings project became part of Nasr Social Bank
which, currently, is still in business in Egypt. In 1975, the Islamic
Development Bank was set-up with the mission to provide funding to
projects in the member countries. The first modern commercial Islamic
bank, Dubai Islamic Bank, opened its doors in 1975. In the early years, the
products offered were basic and strongly founded on conventional banking
products, but in the last few years the industry is starting to see strong
development in new products and services.
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Islamic Banking is growing at a rate of 10-15% per year and with signs of
consistent future growth. Islamic banks have more than 300 institutions
spread over 51 countries, including the United States through companies
such as the Michigan-based University Bank, as well as an additional 250
mutual funds that comply with Islamic principles. It is estimated that over US
$822 billion worldwide Shariah-compliant assets are managed according
to The Economist. This represents approximately 0.5% of total world
estimated assets as of 2005.According to CIMB (Commerce International
Merchant Bankers) Group Holdings, Islamic finance is the fastest-growing
segment of the global financial system and sales of Islamic bonds may rise by
24 percent to $25 billion in 2010.
The Vatican has put forward the idea that "the principles of Islamic finance
may represent a possible cure for ailing markets."
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Saudi Arabia
Libya
Iran
Egypt
Kuwait
Turkey
Qatar
UAE
Pakistan
Malaysia
Bahamas
Switzerland
Luxembourg
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Indonesia
Iraq
Uzbekistan
Bangladesh
Afghanistan
Yemen
Nigeria
Kazakhstan
And there are many more countries which are using Islamic principles.
The basic condition for membership is that the prospective member country
should be a member of the Organization of the Islamic Conference (OIC).
The economy of Organization of Islamic Conference (OIC) combines the
economies of other 56-57 members’ states that are using Islamic principles
or running Islamic banks. Those countries have a combined GDP (at
Purchasing Power Parity, {PPP}) of US$7,740billion. The richest country on
the basis of GDP per capita at PPP is United Arab Emirates. On basis of per
capita GDP, Qatar is richest country with incomes exceeding US$108,000
per capita.
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The rules and norms of Fiqh Muamalat emanated from two primary sources
of Shariah namely the Quran and the Sunnah and other secondary and
Authoritative sources of Islamic law.
Islamic banking operates under a number of contracts under Fiqh Muamalat.
Amongst the widely used concepts in Islamic banking include profit sharing
(Mudarabha), safekeeping (Wadiah), joint venture (Musharakah), cost plus
(Murabahah) and leasing (Ijarah).
SHARIAH COMMITTEE
Islamic banks and banking institutions that offer Islamic banking products
and services (IBS banks) are required to establish a Shariah Supervisory
Board (SSB) to advise them and to ensure that the operations and activities
of the banking institutions comply with Shariah principles. Each institution is
therefore required to set up a Shariah Committee to provide advice on
Shariah issues and to ensure that its operations and activities comply with
the Shariah principles. In Malaysia, the National Shariah Advisory Council,
which has been set up at Bank Negara Malaysia (BNM), advises BNM on the
Shariah aspects of the operations of these institutions and on their products
and services. In Indonesia the Ulama Council serves a similar purpose
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PRINCIPLES
Islamic banking has the same purpose as conventional banking except that it
operates in accordance with the rules of Shariah, 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 (usury).
Common terms used in Islamic banking include profit sharing (Mudarabha),
safekeeping (Wadiah), joint venture (Musharakah), cost plus (Murabahah),
and leasing (Ijarah).
WADIAH (SAFEKEEPING)
For deposit product or Wadiah contract, a bank is the custodian and trustee
of funds. A person deposits funds in the bank and the bank guarantees
refund of any part or the whole amount of the deposit when requested by
the depositor. The depositor, at the bank's discretion, may be given 'HIBAH'
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(gift) as a form of appreciation for the use of funds by the bank. As a trustee
of the items, the custodian may charge a fee to the customer.
Bai' al inah is a financing facility with the underlying buy and sell transactions
between the financier and the customer. The financier buys an asset from
the customer on spot basis. The price paid by the financier constitutes the
disbursement under the facility. Subsequently the asset is sold to the
customer on a deferred-payment basis and the price is payable in
installments. The second sale serves to create the obligation on the part of
the customer under the facility. There are differences of opinion amongst
the scholars on the permissibility of Bai' al ‘inah; however this is practiced in
Malaysia (A set of strict conditions must be complied) and the like
jurisdictions.
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the parties. Like Bai' al 'inah, this concept is also used under an Islamic
financial facility. The problem in this is that this includes linking two
transactions in one which is forbidden in Islam.
WAKALAH (AGENCY)
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one after the other for example, in a car financing facility, a customer enters
into the Ijarah contract to lease the car from the owner (financier) at an
agreed rental for a specific period. When the leasing period ends, the Bai’
contract comes into effect, to enable the customer to purchase the car from
the owner at an agreed price.
HIBAH (GIFT)
A token given voluntarily in return for loan given or benefit obtained. Hibah
usually arises in practice when Islamic banks voluntarily pay their customers
a 'gift' on savings account balances, representing a portion of the profit
made by using those savings account balances in other activities.
IJARAH
Ijarah means lease, rent or wage. Generally, Ijarah concept means selling the
benefit of use or service for a fixed price or wage. Under this concept, the
Bank makes available to the customer the use of service of assets /
equipments such as plant, office automation, motor vehicle for a fixed
period and price.
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The first call for separate Islamic bank was made in 1980, in a seminar
held in the National University of Malaysia. The participants passed a
resolution requesting the government to pass a special law to setup an
Islamic bank in the country. Responding to the request, the government set
up a National Steering Committee in 1981 to study legal, religious and
operational aspects of setting up an Islamic bank. The committee established
the blue print of a modern Islamic banking system in 1983, which later
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marked a milestone for the development of Islamic bank and financial system
bank, but along the principles of Islamic laws (Shariah). The bank offers
deposit taking product such as current and saving deposits under the concept
Mudarabha (profit sharing). The bank grant provide finance facility such as
financing under Bai’ Bithsmsn Ajil (deferred payment sales), leasing under
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State government had said that Islamic bank would going to be establish in
Kochi as soon as possible but the bank didn’t opened and the date keep on
expanding and on 29 march 2011 an article by TimesWireService.Com
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Correspondent, said that those people who are in support of interest free
banking system will not have to wait for long because it is going to be
establish in Mumbai. Reports have surfaced that the Reserve Bank of India
may soon allow a foreign Islamic bank to open its branch in Mumbai.
An initial capital of Rs 500 cr. (Rs 5 billion) was to be mobilized from leading
non-resident Indians (NRIs) and Indian business houses. The bank was to
invest all its funds in wealth generating investment avenues and will
distribute profit to its shareholders. And they had said as registration
formalities will be completed. Then they will establish the first Islamic bank
in India in mid 2010.
The first Islamic bank may be a Turkish bank because Turkish bank has asked
for the permission from reserve bank of India to open its branch so that it
could offer Shariah-compliant lending in the country.
A finance ministry official said: "So far the bank has only sought permission
to open a representative office. We are considering their application." He
further added: "After the global economic crisis, RBI has been stringent with
allowing foreign banks in the country. As a part of its liberalized policy for
foreign banks, it has now granted permission to Bank Asya."
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It is understood that the RBI has requested the Central government to look
into the case. Any positive development will take place within 45 days that is
the time that the RBI has given to the Turkish bank. Bank Asya is a new
launch in Turkey as it came into existence in 1996. Since then it has
expanded with an aim to develop interest-free banking products. In Turkey
the bank is hugely popular with some 179 branches.
Famous Islamic banking scholar Mufti Abdul Qader Barkatullah said that the
comprehensive changes are needed in Indian banking laws in order to
implement interest free economic system. Comprehensive change is needed
in the Indian banking laws in order to implement interest-free economic
system, said famous Islamic banking scholar Mufti Abdul Qader Barkatullah.
It is difficult to bring full-fledged Islamic banking in the present conditions in
India.
Mufti said that majority of the countries followed economic systems that
were about half a century old. But, living conditions and development ideas
have moved a lot forward. Change is needed in economic matters also as per
the change in the other fields.
India is following the laws of Britain in the banking field. Indian banks cannot
invest capital in trade and others as in Britain. At the same time, interest is
given to the investors and levied from those who take loans making rupee a
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good for trade. Money is not a good for trade in the Islamic banking idea.
Islamic banks distribute the profit from re-investing the money of the
investors in business activities and the like. And so, investors are responsible
to share chance of loss also along with profit. But, the chance of loss is not
shared with investors in the traditional banking system.
The global economic downturn has not affected the Islamic banks in Britain
much, said Mufti who is the Islamic financial adviser of several famous banks
in Britain. The relevance of the Islamic banking system increased in the UK
when a good percentage of investments turned to interest-free banking and
a considerable share of investments came from the Gulf regions. As a result,
the Islamic Bank of Britain was established in 2004. The bank has opened
seven branches within five years.
The relevance of such banks is increased by the fact that about 20 percent
account-holders are non-Muslims. Mufti added that investing in the real
estate field and others, where scope of loss is comparatively less, would be
better for those working on the field of Islamic banking in India.
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The Dean has the sole discretionary authority to design and implement
course curriculum with suggestions and advice from an Academic Council
constituted and updated with experts in respective fields. The Dean is
suitably assisted in this by a team of distinguished faculty and alumni of the
Institute.
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This pioneer institution apart from being India’s first and only of its kind, is
privileged to offer the Post Graduate Diploma in Islamic banking and Finance
in twelve countries around the world and has received enquiries/requests
for academic collaborations for setting up similar institutions/branches from
more than fifteen countries worldwide.
The Institute by its own efforts has created a niche for itself not only in the
Islamic Finance community but also in software companies, social net
working enterprises, NGO's and other professional bodies.
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