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AANZFTA BUSINESS SEMINAR: Partners In Growth: Services Trade with Southeast Asia Amora Hotel, Wellington; Friday 3 June 2011 Assoc. Prof. Dr. Asyraf Wajdi Dusuki Head, Research Affairs AANAFTA Business Seminar 1 Global Outlook of Islamic Finance 2 Growth of Islamic Financial Assets 3 The Impact Financial Crisis to Islamic Finance 4 Salient Features of Islamic Finance 5 Showcase of Malaysian Islamic Financial Centre 6 The Framework of Islamic Finance 7 Characteristics of Islamic Finance 8 Conclusion ENDS / الغاية The Framework of Islamic Finance Maqasid al-Shariah (The Objectives of Shariah) Riba 1st Level of Compliant (Usury) Injustices Gharar (Uncertainty) MEANS/ الوسيلة Nominate Contracts Islamic Contract Non-Nominate Contracts Investment Activities Rectifying & Purifying 2nd Level of Compliant Shariah-Compliant Operation Conversion Process Hedging Instruments Monitoring & Supervision Social Responsibility Asset Classes in Islamic Finance Sukuk Islamic Structured Instrument Islamic Financing Real Estates (IREITs) Asset Classes in Islamic Finance Islamic Equities (unit trust, index funds etc.) Islamic Private Equity Takaful Islamic ETFs Islamic Hedge Funds Promote Public Interest (Maslahah) Free from Riba (Usury) Entitlement to Equal, Adequate, Accurate Info. Promote Equity Free from Gharar (Ambiquity) A system grounded on moral and ethics Free from Dharar (Detrimental) Freedom to Contract Characteristics of Shariahcompliant Banking and Financial System Free from Price control & Manipulation Free from Gambling Entitlement to Transaction at Fair Price Illustration on Sukuk Structuring Literal Meaning Sukuk is the plural of sak which means certificates. Other similar terms: •Taskik – process of dividing assets into papers (sukuk) •Tawriq – to render something into cash Technical Meaning SUKUK AAOIFI “Investment sukuk are certificates of equal value representing undivided shares in ownership of tangible assets, usufructs and services (in the ownership of) the assets of particular projects or special investment activity” Sukuk refers to securities, notes, papers or certificates, with features of liquidity and tradability (except for salam and murabahah sukuk) Malaysian Securities Commision “A document or certificate which represents the value of an asset” • Asset – may include financial asset such as receivables and debts, as well as non financial assets like tangible assets, usufructs and services. Obligor/Project Developer Proceeds from Sukuk Sales Issuer/Trustee BASIC STRUCTURE OF SUKUK Issue Proceeds Sukuk Income from project Income Generating Project Sukuk Investors Comparing SUKUK to BONDS Sukuk Bonds 1. Holder owns assets 1. Holder owns cash flow only 2. Use a variety of contracts to create financial obligations between issuer and investors; e.g. Sale, lease, equity partnership, joint-venture etc. 2. Simply use a loan contract to create indebtedness 3. Return linked to profit elements in-built 3. Return linked to interest charged out of in the sale, lease or partnership the loan contract 4. Instrument may be equity or debt depending on underlying contract 4. It is a Debt instrument 5. Tradability of the sukuk depends on the 5. No restriction on the tradability nature of the underlying asset 6. Investment in Shari`ah-compliant activities 6. Proceeds are invested in any business without restrictions Emerging interest on Islamic finance as viable alternative to the global financial system … Starting in 1971 with the first Islamic bank in Egypt, there are now more than 600 Islamic financial institutions in 75 countries Germany UK First Islamic bank to operate in 2010 Turkey Announced IFC Istanbul in Sep ’09 with focus includes interest-free Plans to issue sovereign sukuk, amend financial business tax law on IF Iran Bahrain Qatar Pakistan France Malta Saudi Arabia UAE Kuwait Thailand Passed rules/regulations to Plans to position Malaysia support Islamic finance as Islamic finance Sudan activities hub for the Mediterranean In process of licensing Indonesia Islamic banks Jordan Made fiscal & legal adjustment for IF Plans to tap sukuk market to transaction i.e. taxation finance its deficit Singapore guidelines on sukuk & Established first Islamic bank murabaha Introduced tax neutrality for Islamic finance Gov’t sets an objective to ‘entrench London as a global gateway for Islamic finance Saxony-Anhalt state issued government sukuk South Korea Parliament expected to pass the law related to offering of tax waiver on foreign investors’ interest income from sukuk issued 5 FSA-approved Islamic banks and Takaful operators Aspiring to be centre for Islamic finance Launched Islamic ETF Japan Law passed allowing banks to do Islamic finance Hong Kong Aims to become Islamic finance gateway to China Plans to issue sovereign sukuk Hang Seng Islamic China Index Fund in 2007 Brunei Aim to become Islamic financial services hub for Asia Muslim-majority countries offering Islamic finance (IF) Non-muslim countries starting to offer IF Courtesy of Bank Negara Malaysia Global developments – Islamic banking Growth expected to continue By 2020, estimated to reach USD4t Almost 90% of global market share are in top 6 Islamic financial markets Global growth rate of 15-20% per annum over the last 10 years Mid 1990s – approximately USD150b 2009 – approximately USD780b 2010 – estimated USD956b 2012 – USD1.6t (IFSB estimate) 11 Courtesy of Bank Negara Malaysia Global sukuk market Continued to expand in 2009 12 Courtesy of Bank Negara Malaysia Global developments Breakdown of Islamic finance assets The largest share of Islamic financial assets remains in Islamic banking, although growth is slowing Sukuk and takaful continues to grow Islamic funds registers a slight decrease 13 Courtesy of Bank Negara Malaysia Post crisis sukuk market Impact of global financial crisis Not spared as sukuk is seen in the same asset class as bonds… USD34b but has since staged a recovery – • USD20b in 2008 • USD33b in 2009 (▲70%) 14 • USD50b (▲ 55%) in 2010 Courtesy of Bank Negara Malaysia Post crisis global Islamic banking industry Largely shielded Study on Top 10 Conventional banks vs Top 10 Islamic banks Between Dec 2006- May 2009 Conventional Islamic 42.8% 8.5% Declined from USD116b to USD42b loss Increased by 9% from USD4.2b to USD4.6b Total assets growth 36% (USD17.4t) 55% (USD147b) Total equity growth 24% 36% From 16.6x to18.2x From 5.8x to 6.6x Combined market capitalisation Net profits Leverage ratio (Assets/equity) 2008 2009 Only 1 Islamic financial institution required government assistance 5 top conventional banks received government assistance of USD163.0b or 26% of their combined equity Not a single Islamic bank required to be rescued Source: IFSB-IRTI-IDB Islamic Finance and Global Financial Stability Report, 15 Courtesy of Bank Negara Malaysia 6 April 2010 based on E&Y study Global Islamic banking industry Largely shielded: reasons why Surrounding factors • Market deregulation followed by unprecedented levels of leverage, relaxed lending standards • Rapid issuance of mortgage-backed securities • Tremendous growth of CDS market • Growth of complex securities and derivatives US Commercial Papers Outstanding │16 Courtesy of Bank Negara Malaysia Global Islamic finance industry Largely shielded: reasons why Avoidance of unethical activities • • Direct link to real economy • Avoidance of maisir (gambling) & riba (interest) & nonpermissible goods & services • Certainty – supported by underlying activities (prohibition of gharar - uncertainty) • Screening investment • Prohibits excessive leveraging • Forbearance for customers in difficulties • Money is not commodity • Different contractual relationship • Equity-based & risk-sharing transactions • Clearly defined risk & profit-sharing characteristics serve as additional built-in mechanisms Ethical Real Activities Shariah values Ethical consistent with universal value Real Activities • Greater transparency & disclosure • • additional Shariah governance unique risks Greater fiduciary duties & accountability Emphasis on clear documentation & contract add to soundness & stability Governance Partnership Governance │17 Courtesy of Bank Negara Malaysia Context setting The Malaysian Financial Landscape │18 Malaysia: the world’s most comprehensive Islamic financial system… Islamic Banks & Takaful Companies Governance • Legal & Regulatory – Islamic Banking Act – Takaful Act – Government Funding Act – Capital Market Services Act • Shariah Advisory Council – Central Banking Act • Dispute Resolution – Judicial system: dedicated high court – KL Regional Centre for Arbitration – Financial Mediation Bureau Islamic Money Market Money market Professional Service – Legal firm – Accounting – Financial Intermediaries – Financial Advisors – Consultancy Service • Banking Islamic Capital Market Malaysian Financial System Labuan IBFC Diversified Players Capital market Conventional Banks & Insurance Companies Financial Markets – Capital Market – Money Market – Foreign Exchange Market – Commodity Market – Bursa Suq Al-Sila – – – – 17 Islamic banks 10 Islamic windows 3 International Islamic Banks 14 International Currency Business Units (ICBU) Takaful – 8 takaful operators – 4 retakaful operators – 7 ICBUs • Fund Management – 9 Islamic fund managers – 35 Islamic fund management windows Infrastructure – Payment, clearing and settlement, custodian – Principal Dealers – Listing on Bursa with authorise exchange status More than 30 years of experiences in developing Islamic Courtesy of Bank Negara Malaysia finance… Malaysia has a well-developed sukuk market Source: Malaysian ICM Bulletin, June09, SC • 58% of outstanding corporate bond are sukuk • Malaysia’s outstanding sukuk (public & private) = USD66 billion @ end June 2009 – 62% of total outstanding sukuk globally • Malaysia as centre for innovative sukuk • More than 80% of the sukuk are private sectors’ sukuk • Active secondary sukuk market Courtesy of Bank Negara Malaysia ISRA @ INCEIF 2nd Floor, Annexe Block Menara Tun Razak Jalan Raja Laut 50350 Kuala Lumpur MALAYSIA General Line : +603-2781 4000 Fax : +603-2691 1940 Email Website : [email protected] : www.isra.my