ERM Surah Yusuf
ERM Surah Yusuf
ERM Surah Yusuf
Preface
Foreword
Acronyms
Conclusion 53
Appendix I : Standards and Guidelines Issued by the IFSB 54
Appendix II : Comparative Table on Standards and Guidelines Issued by the
Islamic Financial Service Board and Basel Committee on
Banking Supervision 57
Appendix III : Comparative Table on Standards Issued by Islamic Financial Service
Board and International Association of Insurance Supervisors 61
Appendix IV : Al-Qur’an: Surah Yusuf (Joseph) Verses 43 - 49 68
References 69
2
4
PREFACE
The Task Force on Islamic Finance and Global Financial Stability was formed
on 29 October 2008 in response to the recommendations of the Forum of
the Global Financial Crisis and its Impact on the Islamic Financial Industry,
which was organised by the Islamic Development Bank (IDB) Group. The Task
Force headed by H.E. Dr. Zeti Akhtar Aziz, Governor of Bank Negara Malaysia
includes an international group of eminent scholars, practitioners and experts
in Islamic finance.
The first meeting of the Task Force on 20 January 2009 led to the formation of
three working groups to (1) examine the conceptual aspects of Islamic finance
and its role in enhancing financial stability; (2) conduct stocktaking of the state
of the Islamic financial services industry following the global financial crisis;
and (3) examine the financial architecture of the Islamic financial industry
amidst the more challenging post crisis environment.
The report of the three working groups were presented and discussed at the second
meeting of the Task Force held at the IDB headquarters on 28 March 2009 in
Jeddah. This document has drawn on the work of the three reports, incorporating the
discussions and comments by the members of the Task Force. This report concludes
with recommendations to strengthen further the institutional arrangements in the
Islamic financial system.
5
contribute to this process. From this perspective, the new financial order
would be more inclusive and more global in nature, lending it more support
and sustainability. Collectively, we hope that we will be able to build a more
stable and more peaceful world for the future generations.
I would like to thank H.E. Dr. Zeti Akhtar Aziz for her pioneering endeavours
in supporting Islamic financial industry in general, and for guiding the work
of the Task Force in particular. I would also like to thank each and every
member of the Task Force, as well as all the supporting staff at IRTI and IFSB.
I pray that this effort will be a helpful step towards the good of mankind and,
subsequently, for the blessings from the Almighty.
6
FOREWORD
The global financial crisis of 2008-09, unprecedented in modern history, has brought
to the forefront wide ranging issues concerning the stability and soundness of
financial systems. This has prompted an extensive global re-examination by the
international community on the need for regulatory reform and the adequacy of
the existing international financial architecture and the search for a more enduring
solution. This Task Force on Islamic Finance and Global Financial Stability was
formed to examine the key elements in Islamic finance that contribute to its viability
and resilience and to review the advancement of the Islamic financial services
industry in the face of the challenges of the current global environment.
7
For the Islamic financial services industry to thrive in this new environment and to
transition to the next level of development and trend towards greater international
integration, its level of resilience needs to be strengthened further. Eight important
building blocks have been identified in this report to further strengthen the
foundations of the Islamic financial system. This is not only to ensure sustained
orderly development and integration of the industry into the international financial
system, but also to enhance the capacity of the industry to address the increased
risks and vulnerabilities in the newly evolving international financial environment.
While the endeavour to strengthen the Islamic financial system and the international
Islamic financial architecture is important in this highly integrated international financial
system, equally important is to have in place a platform for greater international
engagement on the developments and issues concerning maintaining financial
stability in the Islamic financial system. Thus, included in the recommendations by
the Task Force is the proposal to establish the Islamic Financial Stability Forum (IFSF)
to serve as a platform for the deliberation of issues relevant for ensuring financial
stability in the Islamic financial system. Whilst it will represent an important platform for
addressing such challenges confronting Islamic finance, the establishment of the IFSF
would also allow for an interface process with the international financial community in
the conventional finance given the common interest of global financial stability.
In the course of preparing this report, numerous meetings were organised, including
consultations and consensus-building dialogues, to obtain views from an extensive
spectrum of participants in the Islamic financial system. This was aimed at achieving
a common understanding on the important issues affecting financial stability in the
Islamic financial system. I would like to take this opportunity to thank members of
the Task Force for their unwavering commitment and contribution to achieving our
mandate. It is hoped that the report will provide useful insights on Islamic finance and
the important focus that needs to be given to financial stability in the rapidly changing
international financial environment. Equally important is the capacity to contribute
to global financial stability. The priorities identified in this report are also aimed at
strengthening further the foundations that will ensure the sustainability and capacity of
Islamic finance to contribute towards global growth and a greater shared prosperity.
8
ACRONYMS
9
10
Task Force on Islamic Finance and
Global Financial Stability
I. Introduction
The Task Force on Islamic Finance and Global Financial Stability
(Task Force) was initiated by the Islamic Development Bank (IDB) on
29 October 2008 in response to the recommendations of the Forum
of the Global Financial Crisis and its Impact on the Islamic Financial
Industry, organised by the IDB Group.
2. Many factors have been cited as the cause of the crisis. They
include a combination of misalignments in the incentive structure
and unbridled financial innovation which led to indiscriminate
lending and excessive risk-taking. Other contributory factors
include the erosion of sound prudential practices, with banks
compromising on underwriting and risk management standards in
pursuit of short-term gains and market share. While the banking
institutions had employed increasingly sophisticated financial
engineering techniques to repackage mortgages into complex
structured securities, such financial innovation was not supported
by commensurate enhancements to their governance processes
and risk management infrastructure and practices.
I. Key Principles
5. Islamic finance derives its key strength from its inherent underlying
principles. Islamic financial transactions must be accompanied
by an underlying productive economic activity that will generate
legitimate income and wealth, thereby establishing a close link
between the financial transactions and productive flows. This
reduces the Islamic financial system from over exposure to risks
associated with excessive leverage and imprudent risk taking.
Thus, in the Islamic finance business model, financing or equity
participation can only be extended to activities in the real sector
that have economic values. As a result, Islamic financial assets are
expected to grow in tandem with the growth of underlying economic
activities (see Table 1 and Box 1).
Overarching Principles
Towards achieving the objectives of Shari’ah (Maqasid al-Shari’ah)
Protection of religion, life, lineage, intellect and wealth
High ethical values - justice, fairness, trust, honesty and integrity
More equitable distribution of wealth
Assets Liabilities
• Distinct
characteristic-
ownership of assets Inventory Current/ Demand Deposits • Akin to demand
Real estates/Automobiles Wadiah (Safe custody) / Qard (Loan) deposits but exhibit
differently as it
Unrestricted
UnrestrictedInvestment
Investment prohibits gifts upfront/
Asset-backed Transactions Accounts
Accounts predetermined return
• Akin to loans but Murabahah (cost plus) / Ijarah Mudharabah
Mudharabah (profit
(profit sharing
sharing andand
loss bearing)
legal position of
lender & borrower is
(leasing) / loss bearing) •
Akin to fixed
Istisna’ (manufacture) / Salam deposits but uses
replaced by different (forward delivery) Restricted Investment profit sharing basis
contractual Accounts where return based
relationship Profit Sharing Transactions Mudharabah (profit sharing and on performance of
Mudharabah (profit sharing & loss loss bearing) assets
bearing) /Musharakah (profit & loss
• Investor- Profit Equalisation Reserves
entrepreneur sharing)
•
Distinct
relationship characteristic as
Fee Based Services prudential tool
e.g. Ujr (fee) Equity
1
Khan and Mirakhor, 1987; Cowen and Kroszner, 1990; Jacklin, 1993
2
Surah Yusuf - verses 43 to 49. Refer to Appendix IV for details
11. The crisis had initially emanated from the sub-prime market in an
advanced economy largely due to excessive credit activity in the
sub-prime mortgage sector. This was primarily facilitated through
financial derivatives such as Collateralised Mortgage Obligations
(CMO), Collateralised Debt Obligations (CDO) and Credit Default
Swaps (CDS). With integrated financial markets and cross border
capital flows, the crisis spread to all regions of the globe resulting
in a sharp decline in investor confidence, which consequently saw
the evaporation of liquidity in the global financial system.
3
Oliver Wyman, 2009
4
Oliver Wyman, 2009
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Muslim population Islamic assets Islamic revenues Profit pools
Subcontinent Southeast Asia North Africa Turkey Iran GCC Levant RoW
5
The Banker, Nov 2009
Germany
Saxony-Anhalt state
South Korea
United Kingdom issued government
Government sets an objective to sukuk Parliament expected to pass the
entrench London as a global First Islamic bank to law related to offering of tax
gateway for Islamic finance operate in 2010 waiver on foreign investors’ interest
5 FSA-approved Islamic banks income from sukuk issued
Plans to issue sovereign sukuk,
amend tax law on Islamic finance Japan
- Law passed
allowing banks to
France conduct Islamic
finance
Passed Bahrain
rules/regulations to Qatar Pakistan Hong Kong
support Islamic finance Saudi UAE
activities
Aims to become Islamic
Arabia finance gateway to China
In process of licensing Kuwait
Sudan Plans to issue sovereign
Islamic banks Malaysia sukuk
Made fiscal & legal Jordan
Brunei Hang Seng Islamic China
adjustment for IF
transaction i.e. taxation
Indonesia Index Fund in 2007
guidelines on sukuk &
murabaha Singapore
Established first Islamic bank
Introduced tax neutrality for Islamic
finance
Launched Islamic ETF
Muslim-majority countries offering Islamic finance (IF)
Non-Muslim countries starting to offer Islamic finance
6
Tayyebi, 2009
30
25
20
15
10
0
2001 02 03 04 05 06 07 08 2009
Year -
Source: Dealogic to - date
7
Ernst & Young, 2009a
8
Ernst & Young, 2009b
9
Ernst & Young, 2009
(%)
100.0
50.0
Change in market Change in net
capitalisation profit / (loss)
0.0
(50.0)
(100.0)
Sources:
• Company annual reports and websites; financial database websites (Thomson Reuters etc.)
• The Banker, November 2008 report on top 500 Islamic financial institutions
• Ernst & Young Analysis
Note:
• All financial figures have been converted to USD on current exchange rates.
• All figures are for December year-end, except Mitsubishi UFJ Financial which has March year-end. Its 2006
numbers are actually for 12 months ended March 2007. Its 2008 numbers are as of 30 September 2008, the last
reported figures. Net profit for 2008 is for six months.
• The 2008 numbers for Investment Dar are for 9 months – up to 30 September 2008.
• As of 1 April 2009, the Kuwait Stock Exchange suspended trading in Investment Dar’s shares until further notice as
a result of the postponement of the release of its full year financial results for the year ended 31 December 2008.
• The list of top 10 Islamic banks in terms of 2006 market cap does not include some large Iranian banks which claim
to be Shari’ah compliant but their market data is not easily available.
Dow Jones Islamic Market World Developed Index versus MSCI World Index
Total Return in USD
1.3
1.2
1.1
1
Percent Returns (%)
0.9
0.8
0.7
0.6
0.5
0.4
06
07
7
07
08
08
8
8
00
00
00
00
00
00
00
00
20
20
20
20
20
/2
/2
/2
/2
/2
/2
/2
/2
1/
1/
1/
1/
1/
28
30
30
31
29
30
30
31
/3
/3
/3
/3
/3
2/
4/
6/
8/
2/
4/
6/
8/
12
10
12
10
12
Dow Jones Islamic Market World Developed Index MSCI World Index
10
Aka, 2009
Chart 10: S&P Global Sharī’ah Index vs. S&P Global Index
24. The recent international financial crisis has revealed that fragilities
exist in the world’s financial system, including in the more
advanced economies. These have brought to the forefront key
issues regarding financial intermediation, financial innovation and
the regulatory and surveillance framework that needs to be put
in place to provide the necessary oversight over such activities.
Although the Islamic financial services industry was relatively
less affected by the crisis, its underlying causes bear important
lessons for the Islamic financial industry going forward. This is
even more important as Islamic finance operates within the global
financial system that is characterised by increasingly large and
volatile cross-border capital flows amid an environment of deeper
international financial integration.
26. Moving forward, three key areas of priority warrant greater policy
attention to further strengthen and enhance the entire Islamic
finance ecosystem:
a. Strengthening the infrastructural building blocks of the Islamic
financial services industry to further enhance the industry’s
resilience;
11
The IAIS insurance core principles (ICPs) provide globally accepted principles for the regulation and supervision of
insurance sector.
34. Towards addressing this, the IFSB has established a High Level
Taskforce on Liquidity Management (HLTF), mandated to develop
a liquidity framework to facilitate and offer liquidity solutions to
market players so as to promote better liquidity management by the
Islamic financial institutions. The HLTF is also mandated to study
the viability of the proposal to establish an entity which would issue
Shari'ah compliant instruments that are highly liquid and transferable
in the secondary financial market.
38. The legal challenges relate to the issue of whether the conventional
legal systems, common law jurisdictions and codified systems
adequately address, among other things, bank liquidation and
insolvency issues arising from Shari'ah compliant financial
transactions, for example, in terms of the priority of claims of
depositors and shareholders during liquidation of an IIFS. The
IIFS would also be exposed to a number of risks in jurisdictions
with established insolvency rules that are not tailored to deal with
insolvency issues in Islamic financial transactions. These legal risks
have been highlighted in an IFSB paper, Islamic Finance: Global
Legal Issues and Challenges, which was published in 2008. It is
therefore important that policy actions be expedited to develop
a Shari'ah compliant framework for crisis management and
resolution in order to be able to restore stability and confidence in
the IFSI, should the need arise.
Macro-prudential surveillance
40. The sixth building block refers to the development of the macro-
prudential surveillance framework and financial stability analysis,
which is an integral part of the strategy to strengthen the resilience
of the Islamic financial system and to minimise the risks of financial
fragility. The traditional micro prudential supervision approach
cannot effectively address system-wide stress that might develop
due to common exposures of financial institutions. In this respect,
there is a need to have a macro prudential surveillance framework
that complements the traditional micro prudential supervision of
individual institutions.
12
For instance, during the onset of the crisis, rating agencies competed with each other to rate MBS and CDO
securities issue by investment banks as the remuneration and incentives are three times more than grading less
complex, traditional corporate bonds.
46. Efforts to enlarge the human capital pool are imperative to keep
pace with the rapid growth of Islamic finance. Investments in
human capital development through specialised training and
educational institutions are important to support the global
development of Islamic financial services industry. Talent
development and educational institutions specializing in Islamic
finance that have been established in several jurisdictions should
be encouraged to forge strategic alliances across borders.
13
A recent IRTI document on “Strategies and Framework for Development of Islamic Microfinance Services”
suggests a number of specific initiatives that would go a long way in strengthening financial inclusion and
enhancing accesses of the poor to financial services.
List of all the IFSB Standards, Guiding Principles and Technical Notes
that have been adopted by the Council and those that are currently being
prepared.
14
IFSB-1, 2, 4 and 5 basically form the equivalent of Basel II framework for IIFS
List of other documents that have been adopted by the Council, including
those that are published in collaboration with other organisations.
Prudential and
IFSB BCBS
Regulatory Comments / Remarks
Standards Standards
Areas
43. The king (of Egypt) said: "I do see (in a vision) seven fat kine, whom
seven lean ones devour, and seven green ears of corn, and seven
(others) withered. O ye chiefs! Expound to me my vision if it be that ye
can interpret visions".
44. They said: "A confused medley of dreams: and we are not skilled in the
interpretation of dreams".
45. But the man who had been released, one of the two (who had been in
prison) and who now bethought him after (so long) a space of time, said:
"I will tell you the truth of its interpretation: send ye me (therefore)".
46. "O Joseph!" (he said) "O man of truth! Expound to us (the dream) of
seven fat kine whom seven lean ones devour, and of seven green ears
of corn and (seven) others withered: that I may return to the people, and
that they may understand".
47. (Joseph) said: "For seven years shall ye diligently sow as is your wont:
and the harvests that ye reap, ye shall leave them in the ear1,- except a
little, of which ye shall eat.
48. "Then will come after that (period) seven dreadful (years), which will
devour what ye shall have laid by in advance for them,- (all) except a
little2 which ye shall have (specially) guarded.
49. "Then will come after that (period) a year in which the people will have
abundant water, and in which they will press (wine and oil)".3
Bank Negara Malaysia (2007, 2008) “Financial Stability Report 2007 &
2008”.
Baily, Martin Neil, Robert E. Litan, and Matthew S. Johnson (2008) “The
Origins of the Financial Crisis”, Brookings Institute, November.
Bookstaber, Richard (2007) “A Demon of Our Own Design”, John Wiley &
Sons.
Danielsson, Jon and Hyun Song Shin (2003) “Endogenous Risk”, in Peter
Field, ed., Modern Risk Management: A History, Risk Books.
Ernst & Young (2009b), Islamic Funds and Investments Report 2009, May.
Varchaver, Nicholas and Katie Benner (2008) “The $55 Trillion Question”,
http://money.cnn.com, Sep. 30.