The Background and Principles Related to Islamic Banking

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Islamic principles have stated clearly that all business transactions have to follow the fairness behavior stated in Islamic law where no party should gain any sort of unequal treatment thus when an investment occurs between two parties both the parties should divide the profit or loss according to the business status (Schon; 2009). Islamic principles related to monetary transactions have stated clearly that no harm or use of harmful products is allowed to be conducted under the Islamic business (Schon; 2009). Thus; Gambling, prostitution and similar projects should be banned from using Islamic money as a tool of transactions (Schon; 2009).

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2.1 Principles behind Islamic Banking

Two basic principles behind Islamic banking are the sharing of profit and loss (PLS), significantly, the prohibition of collection and payment of interest. In fact, collecting interest is not permitted under Islamic law. Islamic banking refers to a system of banking or banking activities that is consistent with Islamic law and principles and guided by Islamic economics (Sipra, 2002).

2.3 Islamic Banking around the World

Present Islamic finance has exist globally since the 1970.Currently, Islamic finance represent small but growing fragment of the global finance industry (Ariss 2010). Estimates diverge of the total size of the assets held globally under Islamic finance, ranging upwards from 800 billion and with growth rates of 10% to 15% annually over the past ten years. Indeed, United Kingdom has announced initiations to reserve London as a main player in the Islamic finance industry (Kerr, 2007); the global market for Islamic bonds known as Sukuk us estimated to be $70 billion currently and is projected to reach $100 billion by 2010.Global issuance of Islamic bonds has increased more than five-fold from 2004 to 2007. Assets of the top 500 Islamic banks expanded 28.6% to $822 billion at year-end 2009 Islamic industry size is estimated to be at 400 billion USD with growth of 15% per annum. Demand for Islamic banking products and service is growing, Islamic banking has developed into a full fledge system, today Islamic banks are working in 75 countries beside that there are many financial institutions from the conventional banking systems have lunched Islamic banking windows working side by side with Islamic banks to overcome the growing market demand on Islamic products and services. In Malaysia and Bahrain Islamic banks are working at parallel with conventional banks participating in the overall money transacted (Scribd; 2010). In some countries, such as Iran, Sudan and Pakistan, Islamic bank are the only mainstream financial institutions. In others, they exist within conjunction with conventional banking. The Arab Gulf region and Southeast Asia, led by Malaysia, traditionally have been the major centers for Islamic banking. In recent years Islamic banking has expanded into Africa, particular in Sudan (Tahir 2007). Sudan has full financial system running at a national level by Islamic finance and banking principles, Iran also have switched to fully working Islamic banking system in spite of the conceptual interpretation differences.UK, Euro countries and many other countries have initiated Islamic banking participations by allowing Islamic banks to start doing business (Tahir 2007). Chart 2.1 is showing that Iran is the higher ranked in Islamic banking assts followed by Saudi Arabia and Malaysia. Indeed, Bahrain has 10 Islamic banks compare with 19 banks in Sudan. In fact, Iran, Sudan and Pakistan fully operate as a full main stream Islamic banking system. Chart 2.1 Break Down of the World’s 100 Islamic Banks Source: Asian Banker Research Bahrain have a large concentration of Islamic banking in the Middle East where it hosts 26 institutions offering different products and services including commercial banking, offshore banking, investment banking and fund management , Bahrain also purse a dual banking system where conventional and Islamic banking are treated equally by the Bahrain Monetary Agency , Bahrain also hosts the newly created liquidity management center and the international Islamic financial market , to coordinate the operation of Islamic banking around the world. Malaysia has a comprehensive Islamic banking industry where conventional and Islamic banks are working at a competitive environment; the conventional banks are allowed to open Islamic windows. The share of Islamic banking operation in Malaysia has grown from a nil to 8 percent in 2003 where the government in Malaysia has a plan to enhance that to 20 percent by 2011. There is a growing interest for Islamic finance and a business opportunity for lenders in the United States where Islamic banking is largely exists in the personal home mortgages (Tahir 2007). Chart 2.2 explains that the issuance of Sukuk financial records for about 10% of the comprehensive Islamic finance industry, subsequent to fast growth over the past decade. Cumulative total issues topped the figurative mark of $100 billion at year-end 2009, compared with less than $500 million at year-end 2001. The market is slowly reviving after a major slowdown in 2008. Sukuk issues totaling $23.3 billion in 2009 clearly outpaced the $14.9 billion registered in 2008 and regained some ground against record issues of $34.3 billion in 2007. Chart 2.2 Sukuk Issuance in billions USD from 2001 to 2009 Source : (Poor’s” 2010)

2.6 Definition of Corporate Governance

The agency problem arises because of the relationship between the owners and the management. The scandal in corporate governance made the scholars defining corporate governance based on the problem solving perspective or corporate affairs perspective. In addition, most definition states that internal governance mechanism involves board of directors and ownership structure while external involves taking over market and legal system. Researchers have defined corporate governance in a variety of ways, and the most widely cited definitions follow. A definition by the finance committee on corporate governance in Malaysia in the report on corporate governance (2002) stated that: “Corporate governance is the process and structure used to direct and manage the business and affairs of the company towards enhancing business prosperity and corporate accountability with the ultimate objective of realizing long term shareholder value, whilst taking account the interests of other stakeholders”. This indicates that corporate governance is not only applied to the shareholders but the other stakeholders as well.

2.7 Corporate Governance System around the World

2.7.1 Anglo-Saxon Corporate Governance System

The Anglo -Saxon system is taking by the main source of firm’s finance. Therefore, the main concentration of Anglo-Saxon corporate governance is the shareholder interest where the principle is applied by given the right to each shareholder to vote pursuant to that the law found to be protecting the shareholder against the management where a shareholder can be found misusing the company money which might affect the shareholder wealth. The composition of the Anglo-Saxon corporate governance system is one board of directors constituting of executives and non-executives. The executive directors are managers of the corporations; whereas the non-executive directors are representing the shareholders to monitor the manager in their day to day business. Both executive and non-executives directors’ members are appointed and dismissed by general assembly of shareholders.(Denis and McConnell 2003).

2.7.2 Germanic Corporate Governance System

The Germanic corporate governance system deals with the firm as an autonomous economic entity which may benefit to shareholders and stakeholders in the firm. Countries which implement this system use two board systems consisting of a supervisory board and managing board. Supervisory board main duties are to appoint the managing dismiss managing board and to evaluate management performance. Germanic corporate governance system considers the bank as the main source of finance. Therefore, the bank has a significant voting right in shareholder’s shareholder’s assembly and also represents shareholders’ interest in a supervisory board (Odenius; 2008) .

2.7.3 Latin Corporate Governance System

The Latin corporate governance system is considered more flexible compared with previous Systems. In a context of board of directors, Latin corporations have an option to select either one board as Anglo-Saxon system or two boards as in Germanic System, shareholders have more influence in the Latin system i.e. in French legislation, shareholders can remove a director, which overrule on a share one vote system.(Aguilera and Ermoli 2005)

2.7.4 Japanese Corporate Governance System

The board of directors in Japanese system comprises a board of directors, an office of representive directors and an office of auditors. The president is the rarely the chair man of the board. Banks have high influence on the decision making of the management in the Japanese system .(Allen; and Zhao; 2007)

2.7.5 Islamic Corporate Governance.

The corporate governance in Islamic banking is based on Islamic law and principles. The governance of the banks is subject to acceptance of the principles and standard of Shariah. Islamic corporate governance tension on all the parties involved in the organization to practice Islamic law principles. Since Islamic banks in many ways are similar to the conventional banks; the existence of a proper frame work of corporate governance is a matter of dire necessity (Pellegrini 2006). However, in accordance with the fact that Islamic banking and conventional banking are different because Islamic banking activities are underlined by Islamic law it’s not appropriate for Islamic banking to divert from Islamic practices .Thus, the responsibility is on Islamic banks to ensure that all activities are subject to Shariah law acceptance (Pellegrini 2006). In terms of guidelines and principles constructed in accordance with Islamic law there are many standardizing agencies; theses agencies include the Islamic financial service board (IFSB), the accounting and auditing organization for Islamic financial institutions (AAOIFI), and International Islamic rating agency (IIRA); are of the important bodies concerned with regulations enhancing the supervision in Islamic financial institutions (Grais and Pellegrini 2006; Pellegrini 2006; Wafik Grais 2007). Researchers have conceptually explained the differences attributed to corporate governance principles in Islamic law and corporate governance principles in non Islamic law, the proposed considerations mostly concentrated on Shariah supervisions, financing modes and risk managements. In addition, Islamic finance scholars have supported the explanation of theoretical base of Islamic banking and finance on stakeholder theory considering that any party who affect of get affected by the activities conducted in the Islamic financial institution is a stack holder of the Islamic financial institution (BAHJATT; 1997; Chapera 2004; Abu-Tapanjeh 2009). Table 1.1 focuses on the differences between the organization for economic cooperation and development’s principles and Islamic principles where sole authority is to Shariah, society is a stakeholder and the sense of equality between different parties involved in the corporation process. Islamic perspective on corporate governance, to some extent, resembles to the stakeholder model. Indeed, it provides a more solid justification regarding who can qualify as a stakeholder and what are the rights and responsibilities that both firms and their various stakeholders may assume. Table 1.1 Corporate Governance from Islamic Prospective

OECD Principles and Annotation

Islamic Principles

Insuring the basis for an effective corporate governance framework

Promotion of transparent and efficient markets with rule of law and division of responsibilities Promotion of business within ethical framework of Shariah,Believes in profit and loss,Primacy of Justice and social welfare withsocial and spiritual obligations,Prohibition of interest

The rights of shareholders and key ownership functions

Basic shareholder rights, Participation in Decision-making at the general meetings, Structures and arrangements markets for corporate control, Ownership rights by all shareholders including institutional shareholders, Consultative process between shareholders and institutional shareholders Property as trust from God, Sole Authority is God, Society as stakeholders, Accountability not only to stakeholders but also to God, the ultimate owner

The equitable treatment of shareholders

Protection to minority and foreign shareholders Just and fairness of value

The role of stakeholders in corporate governance

In creating wealth, jobs and sustainability of financially sound Enterprises Islamic accountability to Falahand social welfare orientation, Haram/Halaldichotomy in transaction, Social &individual welfare from both spiritual and material

Disclosure and transparency

Matters regarding corporation, Financial situation, Performance, ownership and Governance Accountability with Shariahcompliance, Socio-economic objectives related to firms’ control and accountability to all its stakeholders, Justice, equality, truthfulness transparency, Wider accountability with written as well as oral disclosure

The responsibilities of the board

Strategic guidance, Monitoring of management, Accountability to company and stakeholders Accountability not only to company or board or stakeholders but also to Allah the ultimate authority who leads to welfare and success, Holistic and integrative guidance, Negotiation and co-operation, Consultation and consensus seeking for each decision with related stakeholders

Source : (OECD 1999; Abu-Tapanjeh 2009)

Unlike the known corporate governance systems where the solving of agency conflict is one of the important issues related to the governance mechanisms. Islamic corporate governance laid the liaison and activities of the bank to Shariah supervisory board and main Shariah board at the central bank of the country. Thus, each party involved in the transaction and activities of the bank is stakeholder. The Islamic finance activities have the obligation towards employees, community and related parties of organization. The staff in Islamic bank should act according to Islamic principles and adhere to the teaching of Islam. Accounting standards in the Islamic bank should consider that Islamic banking is interest free banking(M; 2007). Shariah supervisory board (SSB) has the authority to reject any of the projects which is not in accordance with their expectation. Indeed, the process of the Shariah reviewing the activities is one of the fundamentals of Islamic banking transaction. The Shariah reviewing process includes risk management, auditing committee and Shariah research functions (Hamzah 2009).

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Figure 2.1 is explaining the process of The Shariah supervisory board where Shariah board receives the new projects and products before they are presented to the customers in order to assure the Shariah compliance. Shariah board process will supervise bank activities and processes in order to assure the Shariah compliance. Shariah supervisory board has the responsibility to enhance the Islamic banking knowledge among the employees in the Islamic banks. Figure 2.1 Shariah Board Process Source : (BNM 1 October 2005) The board of directors is committed to the decisions made by the Shariah supervisory board irrespective of whether the majority approve or disapprove. The meeting of the board usually is held periodically or whenever the situation require (DIB 2010).

2.8 Principles of Islamic Corporate Governance

The Islamic financial service board (IFSB) is an international guidelines and regulation organization that concentrate on improving the consistency and firmness of the Islamic financial services institutions by issuing global standards and principles for the industry, mostly distinct to include institutions which deal under Islamic law (IFSB 2006). The principles is concerned about enhancing the process of the Islamic banks under a proper mechanism related to Shariah law which highlight and explain what are the duties and responsibilities related to stakeholder in the Islamic bank. The principles detail the process and structure of governance in the Islamic to achieve the optimum smooth of return to stakeholders (IFSB 2006). As per the principles guidelines its of importance to meet to principles because that will help providing a typical disclosure particularly financial statements for internal audit which deliver a great responsibility to the stakeholders, indeed it also endorses the Basel I, II and the principles of corporate governance in banks, so as to ensure the safety of Islamic banking and to provide protection for the assets and rights of customers of Islamic banks encouraging commitment to the decisions of (IFSB) .The sitting standards by IFSB for Islamic financial institutions involve the discussion on the mechanism to balance between different stakeholders in the organization including the duties and responsibilities, the board of directors and financial reporting requirements (IFSB 2006). Table 2.1 presents the main principles for Islamic financial institutions including Islamic banks which must adhere to Islamic law including governance mechanisms, right of investment account holders, and compliance with Islamic Shariah rules and the transparency of account reporting. Table 2.1 the Guiding Principles of Islamic Financial Service Board IFSB Principle 1.1: IIFS shall establish a comprehensive governance policy framework which sets out the strategic roles and functions of each organ of governance and mechanisms for balancing the IIFS’s accountabilities to various stakeholders. Principle 1.2: IIFS shall ensure that the reporting of their financial and non-financial information meets the requirements of internationally recognized accounting standards which are in compliance with Shariahrules and principles and are applicable to the Islamic financial services industry as recognized by the supervisory authorities of the country. Principle 2.1: IIFS shall acknowledge IAHs’ right to monitor the performance of their investments and the associated risks, and put into place adequate means to ensure that these rights are observed and exercised. Principle 2.2: IIFS shall adopt a sound investment strategy which is appropriately aligned to the risk and return expectations of IAH (bearing in mind the distinction between restricted and unrestricted IAH), and be transparent in smoothing any returns. Principle 3.1: IIFS shall have in place an appropriate mechanism for obtaining rulings from Shariahscholars, applying Fatwaand monitoring Shariahcompliance in all aspects of their products, operations and activities. Principle 3.2: IIFS shall comply with the Shariahrules and principles as expressed in the rulings of the IIFS’s Shariahscholars. The IIFS shall make these rulings available to the public. Principle 4: IIFS shall make adequate and timely disclosure to IAH and the public of material and relevant information on the investment accounts that they manage. Source: International Islamic Finance Services Board (IFSB 2006)

2.8.1 Ownership

Islamic banks guiding principles permit the bank to constitute the capital from original and foreign resources, in respect to the rate of deposit and place of deposit of the capital fund , it will be decided by the proficient authority, Islamic bank will constitute a reserve fund and every year an specific amount of profit will be kept in this fund from the net income after paying of tax and Zakat at the time assessing the minimum asset Islamic bank will take into consideration the balance of Savings Account, Investment Account, other deposit liabilities including the cash in hand & other liabilities as directed by the proficient authority (Sol© 2008).

2.8.2 Board Size

The principles of Islamic banking enhances the implementations of Basel I, II and III In explaining the board size requirement in Islamic banks, the governance code recommended that the impact of size should be examined on the board effectiveness. However there is no specified numbers of the board recommended. It is in line with the above-mentioned arguments that a board should not be too big or too small. However, the Islamic banks should allow a board with active participation and has the ability to make effective decisions and performing their functions (Sol© 2008).

2.8.3 Qualifications

As part of the governance enhancement effort, IIFSB in its listing requirements requires all directors of Islamic banks to undertake continuous training and education improvement process. It aims at influencing corporate thinking on governance issues among the directors (Kasri 2008).

2.8.4 Disclosure

As the Islamic financial services industry increases its activities in the global financial scaffold, IIFS requires the Islamic banks to abide by globally recognized reporting standards. IIFS is therefore ensuring that the reporting of financial and non-financial information is in harmony with worldwide recognized accounting standards, particularly those applicable to Islamic financial services. Islamic bank will appoint an auditor every year, which is to be approved by the proficient authority (Sol© 2008). The main principles enhancing the world banking system are the Basel principles. Basel is a committee focusing on formulating standards for banks especially those guidelines which help to maintain the risk level and safety against financial crisis. The Basel committee’s standards have been going through wide improvement from time to another. Basel I in 1998 required the countries to have a minimal capital requirement for banks; most of the focus was on credit risk. Basel I instructed the banks with international presence to hold capital equal to 8 % of the risk weighted assets. Following that, the Basel II introduced in 2004 was encouraging all countries to adopt the regulations proposed on their banking system. Indeed, Basel II was the creation dilemma of banking laws and regulations against problems that may arise particularly in capital management and risk management. Then, Basel III was a responding improvement to financial crisis where the committee instructed the banks to hold apportion of its capital to preserve against abnormal loss (Sol© 2008). Critically, Islamic banks were already enhancing the principles of Basel III which is been translated in their financial status after the crisis as they have not been affected by crisis same as the conventional banks.(Networking 2010) Abu-Tapanjeh, A. M. (2009). “Corporate governance from the Islamic perspective: A comparative analysis with OECD principles.” Critical Perspectives on Accounting 20(5): 556-567. Aguilera , R. V. and I. Ermoli (2005). “A Comparative Analysis of Corporate Governance Systems in Latin America: Argentina, Brazil, Chile, Colombia and Venezuela.” SSRN eLibrary. Allen;, F. and M. Zhao; (2007) The Corporate Governance Model of Japan: Shareholders are not Rulers. Ariss, R. T. (2010). “Competitive Conditions in Islamic and Conventional Banking: A Global Perspective.” Review of Financial Economics 19: 101-108. BAHJATT;, M. F. (1997). “TOWARDS STANDARDS FOR RELIGIOUS AUDIT IN ISLAMIC BANKS.” Review of Islamic Economics, 3(2): 39. BNM (1 October 2005). Guidelines on Corporate Governance for Licensed Institutions. Chapera, M. U. (2004). “Stackholder Model of Governance in Islamic Economic System.” Islamic Economic Studies. 11(2). Denis, D. K. and J. J. McConnell (2003). “International Corporate Governance.” SSRN eLibrary. Grais, W. and M. Pellegrini (2006). “Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services.” SSRN eLibrary. Hamzah, H. (2009). The Control of Islamic Bank Activity by the Shariah Board : Effectiveness and Limits. Economic and Quantitative method Tunis, University of Manouba IFSB (2006) Guding Princibiles on Corporate Governance for Instituation Offering Only Islamic Financial Services (Exculding Islamic Finance Insurance and Mutual fund) Kasri, R. A. (2008). “Corporate Governance: Conventional vs. Islamic Perspective.” SSRN eLibrary. M;, A. E. W. (2007) A unified voice : The Role of Shariah Advisery Boards in Islamic Finance. Networking, I. b. (2010) Basel III in support of the Islamic banking principal Odenius;, J. (2008) Germany’s Corporate Governance Reforms: Has the System Become Flexible Enough? OECD (1999) OECD Principles of Corporate Governance. Pellegrini, W. G. a. M. (2006). “Corporate Governance in instiuations offering Islamic financial Services : Issues and Options.” Islamic economic ,Banking and Finance Poor’s”, S. a. (2010). Islamic Finance Outlook 2010. Schon;, N. (2009). Islamic banking and finance, Spriamus Press Ltd. Scribd; (2010) Islamic Banking vs Conventional Banking. Islamic Banking vs Conventional Banking Sol©, J. (2008) Introducing Islamic Banks into Conventional Banking Systems. Tahir, S. (2007). “Islamic Theory and Practice Survey of Literature ” Jouranl of Economic Corporation 28(1): 1-72. Wafik Grais , M. P. (2007). “Corporate Governance and Shariah Compliance in institutions offering Islamic Financial Services.” Wold Bank Research Working Papers 4054.

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