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Towards Standardization of Islamic Banking Products Nairobi - March 29, 2011 بسم الله الرحمن الرحيم Muddassir Siddiqui Partner SNR Denton, Dubai
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Benefits Predictability Cost reduction Consistency, harmony Risk mitigation Single bench mark for performance Dealing with multiple Shari’ah Boards – Syndicated financing - Restructuring
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Challenges Standardization is the by-product Standardization requires – Shari’ah standards and views AAOIFI, Fiqh Academies – Multi legal jurisdiction – Accounting treatment – Enforcement Self regulated V. Regulatory authority – Transparency
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Consensus of Shari’ah Views ولو شاء ربك لجعل الناس أمة واحدة ولا يزالون مختلفين إلا من رحم ربك -هود Many schools of Islamic laws – biggest challenge History – Muwatta, Fatawa Alamgiri, Usmani Majallah, OIC International Islamic Fiqh Academy, Al-Azhar University, AAOIFI, IIFM etc. – Shari’ah position not consistent – example tawarruq – Disagreements within a single SSB Example - tawarruq
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Consensus of Shari’ah Views, cont. Use of fictitious contracts Islamic finance is still at and embryonic stage – Work in progress – AAOIFI Standards are new – first edition Need revisions in the light of practice and experience Sukuk example – Premature to standardize while the Standards are new – Needs review in light of lessons learned
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Multi Legal Jurisdictions Most central banks regulate the industry but refrain from regulating the products Few Central Banks with central Shari’ah control Malaysia, Pakistan, Sudan – standardization v. innovation – both are needed – balanced approach Individual SSB operate independently IFI desire confidentiality
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Accounting Inconsistent treatment between AAOIFI and International accounting standards – Leases – Substance over form
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Enforcement Shari’ah risks – TID v. Blom Various courts have various approach – contract invalid – Board of Grievances – Re-characterize the contract - Dubai – Some terms invalid – early payment discount – Use of fictitious contracts makes enforcement unpredictable – Commercial reality v. form
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Suggestions Central Shari’ah Board Qualified members of Shari’ah Board – Multiple discipline – law – finance - accounting Transparency – Fatwa should mention the basis Separate entity for external audit Products based on: – Objectives of the Shari’ah, rationality, reality of the relationship between the parties
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Thank you شكرا و السلام عليكم و رحمة الله و بركاته
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