Professional Documents
Culture Documents
Pakistan got independence in 1947 and the Quaid-e-Azam Muhammad Ali Jinnah, in his speech on the
occasion of inauguration of State Bank of Pakistan on 1st July 1948, aspired to build the economic and
financial system of country in line with injunctions of Islam. He said,
“I shall watch with keenness the work of your Research Organization in evolving banking practices
compatible with Islamic ideas of social and economic life…. The adoption of Western economic theory
and practice will not help us in achieving our goal of creating a happy and contented people. We must
work our destiny in our own way and present to the world an economic system based on true Islamic
concept of equality of manhood and social justice. We will thereby be fulfilling our mission as Muslims
and giving to humanity the message of peace which alone can save and secure the welfare, happiness
and prosperity of mankind. ”
Initially, the research on Islamic finance was undertaken by the eminent Shariah scholars both from
abroad and Pakistan. An Islamic Economic Division was created in the Research Department of SBP in
1950s and was entrusted to undertake research on Islamic economic system and it also as a
secretariat to Council of Islamic Ideology (CII). Efforts for economy wide elimination of Riba started in
late 1970s and several noteworthy and practical steps were taken in 1980s. Numerous laws were
amended and new laws were enacted to facilitate Islamization of economy during this period in which
State Bank played a major role. In a technical sense it was the most advanced model compared to any
other model being practiced anywhere in the world at that time.
However, the financing procedure based on ‘mark-up’ practiced by banks was declared un-Islamic by
the Federal Shariat Court (FSC) in November 1991 but on appeal to the Shariat Appellate Bench of
Supreme Court the 1991 FSC ruling was suspended till orders of the court. The Supreme Court’s
Shariat Appellate Bench delivered its judgment in December 1999 with the directions that laws
involving interest would cease to have effect by June 30, 2001 and later the date was extended to
June 30, 2002. However, on a review petition filed by a bank, Shariat Bench of the Supreme Court set
aside the previous verdicts on Riba in June 2002 and remanded back the case to Federal Shariat Court
for hearing afresh.
In the mean time, the government decided to promote Islamic banking in a gradual manner as a
parallel and compatible system. The initiative to re-introduce Islamic Banking in Pakistan was
launched in early 2000 to shift to interest free economy through a market driven and flexible
approach, in a phased manner without causing any disruptions. Furthermore it aims at building a
broad based financial system in the country to enable all segments of the population to access
financial services. In this context SBP adopted a three pronged strategy for promotion of Islamic
Banking i.e.
• Permission to establish new full fledged Islamic banks in the private sector,
• Permission to the existing conventional banks to open Stand-alone Islamic banking branches.
A comprehensive regulatory framework including Shariah Governance framework has been introduced
for the development of Islamic banking industry on sound footings. SBP has also been collaborating
with local and international financial regulators and infrastructure development institutions to promote
standardization and harmonization in regulatory framework in line with international best practices, to
facilitate the development of Islamic financial services industry locally and globally.
This new initiative has witnessed a very encouraging response. As currently there are 5 full fledged
licensed Islamic banks (IBs) and 17 conventional banks have licenses to operate dedicated Islamic
banking branches (IBBs)/Islamic Banking Windows (IBWs). All of the five big banks in Pakistan are
providing Islamic banking services. The total assets of the Islamic banking industry are over Rs. 1250
billion as of 31 st December, 2014 which accounts for a market share of 10.4% of total banking
industry assets. The market share of deposits stands at 11.6%. Total branch network of the industry
comprises of more than 1500 branches with presence in over 80 cities & towns covering all the four
provinces of the country and AJK.
The industry over the years has managed to offer a wide array of products encompassing almost the
entire range of Islamic modes of financing that are able to cater to the needs of majority of the
sectors of the economy. The growth of Islamic banking industry has been remarkable.
January 1,
BPD Circular No. 01
2003
All Banks
Dear Sirs,
2.In line with Part-I of this strategy, on 1st December, 2001, State Bank of
Pakistan had already issued detailed criteria for setting up of Scheduled Islamic
Commercial banks based on Sharia Principles in the Private Sector in the form of a
Press Release, which is reproduced at Annexure-I.
(aa) the carrying on of banking business strictly in conformity with the Injunctions
of Islam as laid down in the Holy Quran and Sunnah”
5. For Part-III of this strategy, Guidelines for opening of Stand-alone branches for
Islamic banking by existing commercial banks, enlisting Eligibility Criteria,
Licensing Requirements and other operational guidelines on the subject have been
prepared. These Guidelines are enclosed at Annexure-III.
6. Those interested in establishing Scheduled Islamic Commercial Banks in the
Private sector, Subsidiaries or Stand alone branches for Islamic banking, may
apply to the Director, Banking Policy Department, State Bank of Pakistan, I.I.
Chundrigar Road, Karachi in line with the above-mentioned policies.
Encl: as above.
1. Annexure-I (Islamic Commercial Banks)
2. Annexure-II (Islamic Banking Subsidiary)
3. Annexure-III (Islamic Banking Branches)
4. Annexure-A
5. Application Form for Islamic Commercial Bank
6. Annexure To Form–A
Yours faithfully,
(Muhammad Kamran
Shehzad)
Director
Annexure-I to BPD Circular No. 01 of 2003 (Press Release dated 1st December, 2001)
The State Bank of Pakistan has issued a detailed criteria for the setting of Scheduled Islamic
Commercial Bank for conducting business based on the principles of Sharia in the private sector.
Those interested in establishing the Scheduled Islamic Commercial Bank have been asked to
apply to the Director, Banking Policy Department, State Bank of Pakistan, P.O. Box No. 4456,
I.I. Chundrigar Road, Karachi. Applications may be made giving details with supporting
documents, forms for which can be obtained from the State Bank. Applications, which are not
complete in all respects, shall not be considered. The following will be the broad criteria for
consideration of setting up of the Scheduled Islamic Commercial Bank:-
i) The proposed bank would be a Public Limited Company and would be listed on the
Stock Exchange. A minimum of 50% of shares shall be offered to the general public
ii) All financial transactions will be in accordance with the injunctions of “SHARIA”
iii) The application shall indicate the modes of finance proposed to be used for raising
resources and extending financial assistance.
iv) The applicant will also indicate expertise and other facilities available with them for
ensuring compliance of their banking business with Sharia.
v) To be able to commence business the bank shall have a minimum paid up capital of
Rs 1000 million and also shall at all times maintain minimum capital adequacy Ratio
of 8% based on risk weighted assets.
vi) At least 15% of the total paid up capital shall be subscribed personally by the Sponsor
Directors. The number of Sponsor Directors shall not be less than seven. The amount
proposed to be subscribed by each sponsor Director is required to be indicated.
vii) Sponsor Directors should have to declare personal Net Worth, which should not be
less than the amount to be subscribed by them personally. The Net Worth of each
sponsor Director is required to be indicated and supported by a duly authenticated
copy of the latest Wealth Statement filed with the taxation Department. In the case of
sponsor Directors resident in countries where filing of Wealth statement is not a
requirement of law, a certificate of personal Net Worth and general reputation issued
by an international bank of repute would be acceptable. This facility would also be
available to applicants who have recently returned to Pakistan
viii) Sponsor Director(s) subscribing more than 5% of the total paid up capital, shall
clearly indicate their request separately. However such request should commensurate
with his net worth.
ix) Sponsor Directors shall not dispose of their shares in any manner whatsoever for a
minimum period of 3 years and thereafter only with the specific written approval of
the State Bank.
x) Foreign investment by sponsor Directors shall be permissible only on the basis of
capital being non-repatriable, but dividends will be remittable abroad
xi) Application shall stand disqualified if any of the sponsors and/or Directors their
spouses or firm
a) has been convicted by a Court of law in Pakistan or abroad for a criminal offence.
b) has been associated with any illegal activity especially banking business, deposit
taking, financial dealings and other business;
c) has failed to meet his or her obligations to banks and other financial institutions.
They shall furnish names of the banks/DFIs alongwith the names of the branches
with which they have had dealings. Bank reports are also required to be
submitted;
d) has defaulted in payment of taxes. They shall indicate their National Tax
Numbers;
e) is or has been associated as Director/Chief Executive with the Corporate Bodies
whose corporate and tax record including customs duties, central excise and sales
tax has been unsatisfactory. They shall name the corporate bodies, their bankers
and disclose their tax numbers and dividend record. Those not so associated with
Corporate Bodies would be required to indicate their occupation/profession/trade
and highlight their achievements;
f) n the opinion of the sanctioning authority enjoys adverse reputation regarding
integrity and performance.
xii) Neither one person can be a Director in more than one financial institution nor one
group should have more than one bank.
xiii) Not more than 25% of the sponsor Directors shall be from the same family as defined
in Section 5(ff) of the Banking Companies Ordinance.
xiv) The Chief Executive would be a professional with no adverse information regarding
his integrity and performance and shall require prior clearance of State Bank of
Pakistan.
2. The applicant will also submit the following documents along with the request :-
i) Feasibility Study for setting up of Bank including Organization structure and the
name of the proposed Chief Executive.
iii) Risk management guidelines, Plans for Internal control system and scale of
authority
v) List of companies / firms and their bankers in which sponsor directors and their
family members as defined in Section 5(ff) of Banking Companies Ordinance, are
interested as Directors, Chief Executive, Partner, Proprietor, or major shareholders
holding 5% or more shares
vi) Constitution and members of Sharia Board along with their brief Resume
4. The Bank must commence operation within six months of the grant of permission.
They must open at least five branches within a period of twelve months from the date
of permission.
5. The applicant shall deposit Rs 1,000,000/- (Rupees one million) along with the
application as processing fee. The fee so deposited shall be non-refundable.
In order to promote Islamic banking in Pakistan, inter alia, a new clause (aa) has been
now inserted in sub-section (1) of section 23 of the Banking Companies Ordinance,
1962, in terms of Banking Companies (Amendment) Ordinance, 2002 notified in the
Gazette of Pakistan dated November 4, 2002, as follows: “(aa) the carrying on of
banking business strictly in conformity with the Injunctions of Islam as laid down in
the Holy Quran and Sunnah”.
2. The existing scheduled commercial banks are therefore now also allowed to open
subsidiaries for Islamic Banking operations. The banks interested in establishing a
subsidiary for Islamic banking (“subsidiary”) may apply to the Director, Banking
Policy Department, State Bank of Pakistan, Post Box No. 4456, I.I. Chundrigar Road,
Karachi. Applications may be made giving details with supporting documents, forms
for which can be obtained from the State Bank. Applications, which are not complete
in all respects, shall not be considered.
3. The following shall be the broad criteria for setting up of a subsidiary, of the
existing scheduled commercial banks, for Islamic banking:-
i) The proposed subsidiary would be a Public Limited Company and would be listed
on the Stock Exchange. A maximum of 49% of shares shall be offered to the general
public.
ii) The subsidiary may be granted a license under section 27 of the Banking
Companies Ordinance, 1962 to conduct the banking business strictly in accordance
with Sharia and would be considered as a Scheduled Islamic Commercial Bank.
iii) All financial transactions of the subsidiary will be in accordance with the
injunctions of “SHARIA”.
iv) The application shall indicate the modes of finance proposed to be used for raising
resources and extending financial facilities.
v) The applicant(s) will also indicate expertise and other facilities available with them
for ensuring compliance of their banking business with Sharia.
vi) To be able to commence business, the subsidiary shall have a minimum paid up
capital of Rs 1,000 million and also shall at all times maintain minimum capital
adequacy Ratio of 8% based on risk weighted assets.
vii) At least 51% of the total paid up capital shall be subscribed by the banking
company(ies).
viii) Banks meeting the Capital Adequacy guidelines issued by State Bank and having
CAMELS rating of 1, 2 and 3 during the last three years ON-SITE inspection shall be
eligible for opening the subsidiary.
ix) Banking company(ies) shall not dispose of their shares in any manner whatsoever
for a minimum period of 3 years and thereafter only with the specific written approval
of the State Bank.
x) Application shall stand disqualified if any of the sponsors and/or Directors, their
spouses or firms:-
a) has been convicted by a Court of law in Pakistan or abroad for a criminal offence.
b) has been associated with any illegal activity especially banking business, deposit
taking, financial dealings and other business;
c) has failed to meet his or her obligations to banks and other financial institutions.
They shall furnish names of the banks/DFIs alongwith the names of the branches with
which they have had dealings. Bank reports are also required to be submitted;
d) has defaulted in payment of taxes. They shall indicate their National Tax
Numbers;
xi) Every Director of the subsidiary shall meet the Fit and Proper Test prescribed by
SBP and would require prior clearance from State Bank of Pakistan.
xii) One person cannot be a Director in more than one bank/financial institution.
xiii) Not more than 25% of the Directors shall be from the same family as defined in
Section 5(ff) of the Banking Companies Ordinance.
xiv) The Chief Executive would be a professional fulfilling the conditions stipulated
in the Fit and Proper Test issued by State Bank and shall require prior clearance of
State Bank of Pakistan.
4. The applicant(s) will also submit the following documents along with the request:-
iii) Risk management guidelines, plans for Internal control system and delegated
approval authorities
vi) Constitution of Sharia Board along with names of members and their brief
Resume
6. The subsidiary must commence operation within six months of the grant of
permission.
7. The applicant(s) shall deposit Rs. 1 million (Rupees One million only) along
with the application as processing fee. The fee so deposited shall be non-
refundable.
1. Definitions The following terms, as used in these Guidelines, shall have the
following meanings:-
ii) “IBB” or “branch” means the Islamic Banking Branches of commercial banks,
which offer the Shariah compliant products and services only;
iii) “Shariah compliant products and services” means banking products and
services offered by banks to their clients duly approved by their Shariah
adviser/Shariah Supervisory Committee;
iv) “IBF” means the Islamic Banking Fund set up by the banks to fund the
operations of their Islamic Banking Branches;
v) “IBD” means the Islamic Banking Division set up at the head office of the
banks/ country offices in Pakistan to administer, supervise and regulate all matters
pertaining to IBB.
vi) “deposit” means deposits mobilized under section 26A of the Banking
Companies Ordinance, 1962.
2. Eligibility Criteria:
3. Working Paper/Proposal:
4. Issuance of License
5. Commencement of Business:
(ii) The bank will submit the organizational structure of the IBD
alongwith details of key persons of the division (qualification and
years and type of experience) to Banking Policy Department of
State Bank alongwith the Application Form.
(iii) The IBF shall be placed under the control of IBD to fund the
operations of the IBB(s).
9. Shariah Compliance:
The bank shall ensure that proper systems and controls are in place
in order to ensure segregation of funds and protect the interest of
depositors, including but not limited to the followings:-
3. Licence No.___________________
Dated_______________________________
April
IBD Circular No. 1 23,
2004
Dear Sirs/Madam,
The department has been staffed with personnel having rich experience in
regulating the banking industry with in depth knowledge of all aspects of Islamic
banking.
Mailing Address:
Islamic Banking Department
State Bank of Pakistan
I.I. Chundrigar Road
Karachi.
Fax No. 9212472
April
IBD Circular No. 2 29,
2004
All Banks.
Dear Sirs,
The minimum Shariah regulatory standards and the “Fit and Proper Criteria”
framed for selection of the Shariah Advisor, duly approved by the SBP Shariah
Board, have been incorporated in the Guidelines and are attached as annexure I,
II, III and IV to this Circular. Banks carrying out Islamic banking operations should
enforce the Fit and Proper Criteria positively by 30th June, 2004 or those who wish
to start such operations as laid down in the guidelines should follow the
instructions in both letter and spirit. Failure to comply with these instructions will
result in penalty under the provisions of BCO. 1962.
(Pervez Said)
Director
1st
IBD Circular Letter No. 1 June,
2004
All Banks.
Dear All,
All Banks.
Dear All,
May
IBD Circular Letter No. 01
05,
/2006
2006
The Presidents/CEOs
Islamic Banking Institutions/
Banks having Islamic Banking
Branches,
Reference:
To be
BSD
Returns submitted
Circular
from
No
Weekly First Week
4 of July
statement of of May,
16, 2005
position 2006
Quarter
Quarterly 12 of
ending
report of December
June 30,
condition 30, 2003
2006
Half
Period
yearly/Quarter 01 of
ending
Ended January 07,
June 30,
Financial 2004
2006
statement
01 of As of/on
Annual
January 07, December
Accounts
2004 31, 2006
Timelines and all other terms and
conditions for submitting Annual, Half
Yearly, Quarterly financial statements
will remain same as per above-
mentioned circulars (as amended from
time to time). Please ensure
meticulous compliance of these
instructions.
The Director
Islamic Banking Department
7th Floor, State Bank of Pakistan
I.I. Chundrigar Road
Karachi.
(Imran
Ahmad)
Joint
Director