Professional Documents
Culture Documents
AGENDA
Features of contracts used in deposit management Shariah position of various deposits Profit mechanics Special considerations & recommendations for Islamic Bank Determining balances for profit entitlement Summary: Profit/Loss Allocation mechanism
Islamic banks may raise funds generally based on any of the following five arrangements.
Amanah refers to deposit held in trust. Amanah can not be used by the holder If the bank have any explicit or implicit permission then these are covered in Wadiah Amanah entails absence of liability for loss except in breach of duty The depositors will not be entitled to any profits
The depositors can withdraw his deposits at any time without giving notice
QARD-E-HASAN
Characteristics
The relationship between depositor & the bank is that of lender & borrower Qard-e-Hasan can be used by the holder Qard-e-Hasan does not entail absence of liability for loss; bank guarantees refund of entire amount even in case of loss(OIC Fiqh Academy Jeddah) The depositors will not be entitled to any profit The depositors can withdraw his deposits at any time without giving notice
It is a partnership agreement in which one party invests while the other manage the business Depositors are Rabb-ul-Maal & the Bank is Mudarib Profits are shared between depositors & bank according to a pre-agreed ratio Losses are borne by Investors (Rabb-ul-Maal) on a pro-rata basis while bank goes un-rewarded for all its efforts
It is a partnership agreement in which a joint pool of funds is formed, in which all partners contribute capital as well as efforts.
Depositors Investment Bank Investment Agreed Profit Ratio Profit Bank Share
Depositors Share
$100
Wakalatul Istismar
(Funds Mobilized on an Investment Agency)
The model is used mostly for fund management by investment banks or by commercial banks Investors appoint bank as Wakeel (agent) to act on their behalf The bank as a Wakeel would charge a fee from investors for providing service
Bank will get a certain commission, irrespective of the profit or loss to the portfolio
So, all profits or losses, after deduction of fundmanagement commission, will be distributed among investor(s)
Deposit Mobilization
Musharakah Mudarabah
Investment deposit; Specific Purpose (Restricted Mudarabah) Investment deposit; General Purpose (Unrestricted Mudarabah)
Deposit Mobilization
Contd
Mudarabah Certificates
Mudarabah
e.g. Meezan
Wakalatul Istismar
Wakalah
PROFIT MECHANICS
The whole profit from the assets given in the pool is distributed among the funds providers on the basis of weighted funds The profit sharing weightages are assigned based on the period & maturity of funds deposited with the bank The basic rule is that the longer the period of maturity, the higher the weightages The rationale behind this is that a longer-term depositor is adding greater value & taking a longer exposure
Riba Free Certificates RFCs RFCs 1 year-Monthly RFCs 1 year-Quarterly RFCs 1 year-Six Monthly RFCs 1 year-Maturity
The serious issue in this regard is assigning different weightages, keeping in view the size of investment account
The Bank of Khyber Interest free PLS Saving Account Less than 1 million 1 million upto 5 million 5 million upto 10 million 10 million &above 1.000 1.030 1.060 1.090
Assigning different weightages to larger deposits as a normal practice should not be allowed keeping in view the principle of justice
Another aspect that Islamic banks have to bear in mind is that no deposit should be excluded from the profit entitlement
Example: A deposit with less than a 1 million average monthly balance will not be entitled to any profit As a policy concept, above practice has to be avoided for the dispensation of justice that is the reason dtre of Islamic finance
Banks should take into account the risk-exposure limit of its clients. Widows & Retired Citizens, are normally not in a position to bear the risk of loss. Weightages given to various categories of savings/term deposits have to be indicated in advance. Banks should not be allowed to indicate Expected Rates of Return as it opens a back-door to interest.
The Islamic banks usually use daily credit balances or daily product to calculate the profits. This concept is applied to savings & term deposits.
More applicable for saving-type of accounts where depositors are permitted to make withdrawals. The calculation on daily product is just that the calculation on the minimum balance or average balance
Deposits in current accounts are usually not eligible for payment of any profit. All savings and term deposits, irrespective of size, should be eligible for a share in the profit of the investment pool, except where it may be uneconomic to do so. The depositor, as sleeping partner, cannot receive a share of the profit that is more than the proportional share of the term-deposit to the total deposits in investment pool. Profit is calculated on the basis of daily credit balances rather than being paid on the maximum or the minimum balance during the agreed period, usually a month; Weightages have to be assigned to deposits based on tenure for which deposits are kept; Depositors wishing to withdraw their term-deposits in emergency without notice may be required to forfeit their profit. an
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