It
is not always easy to get the right things near our reach time passes.
Civilization may be overthrown. Things change day by day. But sometimes it
becomes so hard to reach the destiny. In
case of Islamic Banking the same thing happened. After 1400 years the world
started thinking about this very necessary financial system. Though the system
of banking is as old as the human civilization it is really a matter of great
regret as well as failure for us.
In
the middle of 20th century some Islamic scholars of pakistan at
first thought of this system. They tried it locally but failed due to lack of
proper effort as well as support. In 1963 Ahmed al Naggar started Islamic bank
in a pastoral area in Egypt. A good
number of Islamic banks were established there at that time. But the then govt.
of Egypt banned all the banks. The effort collapsed at the very outset.
In
1975 IDB was established. Then the Dubai Islamic bank was formed as its first
initiative. In 1983, The Islamic Bank Bangladesh Ltd. was established. Then
many a number of banks was established in our country. Now we are enjoying a
very strong Islamic banking system in our country as we see all over the world.
The root of Islamic banking lies in the midst of the Holy Quran and the Sunnah.
The Islamic scholars gathered knowledge from the eternal sources of Islam. It
includes the holy Quran, hadith, Ijma and Qiyas.
The
weakness of Islamic banking also lies here. Theory is available but its
implementation is quite hard as it has no mechanism of its own. It adopts its
methods from traditional banking.
That
is why the real essence of Islamic banking is still untouched. So, research and
analysis is still the prime necessity. All out support from Govt. can take a
good part to its success. The rule of Islamic banking comes from the divine
source of Islam. So, the knowledge of its roots is very necessary to understand
it thoroughly. Islamic economy is the real field where we can do real Islamic
banking. It is a complete method. So, for its implementation a complete
environment is necessary. In an incomplete environment we can only execute some
of its methods only which is commemorating with the exiting system. But this is
not all about it.
The
necessary islamic conduct like Zakat, Sadakah, Ushr, Jiziya, Kharaj,
benevolent, qard etc still do not established in our society. We are still
thinking through our capitalistic view. So, how we can expect that a true
Islamic system will be in vogue. The matter needs further theory. Islamic
banking is not a process of money lending. Money is a tool here which is widely
used has a medium of our business. So, the business is also our main concern.
It deals with buy and sell and generate profit for the parties related to the
operation. So, things are different. It deals with profit which is the margin
or outcome of buy and sell. Islam allows buy and sell but prohibits interest
which is the excess of our principal. Money over money is nothing but riba. It
is haram in Islam. Islamic banking works through all the system. It provides
financial transactions, service related affairs and also manufacturing field.
It is a complete system. Islamic scholars invented shariah compatible methods
in order to cope up with the modern banking system. But in the way of doing
this it never allows any methods which is prohibited in Islam. When shariah
disagrees the scholars researched and finally find out a shariah permitted
method. This is the success of Islamic banking.
There
are many misconceptions about Islamic banking. But at first we should know that
it differs generally from conventional banking. Conventional banking does not
consider loss. But Islamic banking share profit and bear loss. It never
transfer the risk and uncertainly to another party. It is a participatory
method. In Islamic banking all are partners and share the same joy and sorrows.
Its essence lies within the heart of its cooperation. It is a contact which is
conformed by both the parties. We should know it at the very outset that we are
not going to deal with our money. We are going to do our business. We can only
sell the goods which is still in our possession. So, at first we buy and they
sell and in this way we make profit.
In
order to doing this mammoth job especially in such a modern world we are in
need of applying various fools. But it is a matter of great pleasure Islamic
banking develops all the necessary tools and models in the last few decades.
All banks accept deposit for the customer. Islamic bank also do the same job.
But it does this task through Mudaraba system. There is a valid Mudaraba
contract between bank and the customer. Here bank is the Mudarib and depositor
is the saheb al mal. Depositor gives permission to use his fund to the bank
through a Mudaraba contract. That is why bank can enjoy the facilities of using
this money and it is called deposit. There are another thing named amanah which
bank can not use in its business. Here bank is only the custodian of the goods
and liable to refund it to the customer as it was received earlier.
Islamic
banking also uses various tools for accepting deposit from the customer.
Considering time, amount, feature the mode of taking deposit varies. A specific
size of shirt does not fit every body. So, Islamic banking introduced a lot of
modes of taking deposit form the depositor. Islamic banking also attends in the
job of making profit. That is why sometimes it advances the fund to help doing
others business as well as itself does the business through participation. The
main method of making profit of Islamic banking is mudaraba and Musharka.
Murabaha may be used as a medium of the both the system we already mention.
Besides it also use Ijara, Mujara, Salam, Istisna, Istijrar and so many modes
of investment.
It
also use financial instrument in order to attend money market. It also uses
various types of bonds in order to survive in the capital market. It also provides
its support in setting up capital machinery for industry. Here it uses IBB
method which is almost identical to Ijara. It also does its service related
works. It can be called Wajirat bill Wakala.
Islamic
banking has an advantage over conventional banking as it is a participatory
method. Here both the parties have same liability and responsibility. That is
why both feel ownership in his or her heart. As there is a buy and sell that is
business also, there is little chance to involve in a falls business. It always
provides products not cash. So, the transaction is a confirm action and there
must be a result.
So
far we know, Islamic Banking has some difficulties to implement as it is
dependent on real buy-sell method. The buyer should posses the title of the goods
at least for a moment. So, bank should buy the product at first and to sell it later.
The question of ownership is a great issue. The customer buys the goods on
behalf of the bank. For this he is engaged as a buying agent. In doing the
total process or mechanism bank is liable to adjust it to ensure the ownership
as it can not buy and sell the product practically. So, the steps should be
done carefully to ensure the norms of a valid buy and sell.
In
taking deposit bank widely applies mudaraba method. The main principal behind
this method is providing fund from one party to another party to do business.
The provider of fund is called shahib al mal and the person or institute who
will do the business is called Mudarib. There will be a mudaraba agreement
which will ensure the conditions. How the proportion of profit will be distributed.
It actually depends on some conditions. Suppose the Mudarib can do his business
near or far. He can deal with various types of products. So, percentage varies
on the basis of skill, location, time, products, market, risk and so many
conditions. As per the principle of Mudaraba the mudarib will not bear any
loss. So, this can be called a profit sharing loss bearing method. The question
of honesty of the Mudarib is a great concern.
Both
the parties will be beneficial if they can do the business comfortably and
honestly. There are two types of Mudaraba:
They
are:
i.
Al Mudarabah al Maqayyadah
ii.
Al Mudarabah al Mutlaqah
Bank
takes its deposits through this method. At this stage bank is Mudarib and the
depositor is shahib al mal. But when bank do the business with the customers with
this deposit then bank is shahib al mal and the customer who is taking advance
from the bank is Mudarib. The process is simple. But now a day due to
dishonesty of the people and existing social unrest it is very hard to implement
this method.
By
using this method Bank take deposits through varios modes: They are:
a)
Mudaraba Savings Deposit
b)
Mudaraba Scheme Deposit
c)
Mudaraba Term Deposit
Besides,
bank also uses Al-wadeeah method. The jest of the method is to permit anyone to
use fund without any return. The depositor also provide maintenance cost to the
bank. The bank is bound to return the whole of the deposited fund if it is
demanded by the customer.
There
are various types of methods for advancing fund. They are:
i.
Murabaha
ii.
Musharaka
iii.
Bai Muajjal
iv.
Bai Salam and parallel Salan
v.
Bail istisna and parallel istisna
vi.
Ijara
vii.
Ijara Bill Baia
viii.
Hire Purchase Under Shirkatul Melk (HPSM)
ix.
Qard
x.
Invesment Auctioning
xi.
Wazirat Bill Wakala
(i) Murabaha:
A cost plus financing with the option of deferred payment. Actually it is not
mandatory that the payment should be deferred payment method. The payment can
be made at the time of the transaction. But due to facilitate the customer the
method of deferred payment is applied.
In Murabaha, the customer
has the right to know the amount of profit. So, it is called Mark up method. It
is widely used in various steps of export and import financing under the modes
MIB, MPI and MTR and different types of this method.
There are two main types
of Musharaka. They are:
i.
Shirkat al Melk and
ii.
Shirkat al Aqd
iii.
Shirkat al Melk: It is a participatory
method of buying and selling. A specific good for the basis of partnership.
There
are two types of this method:
i.
Shirkat al Ain
i.
Shirkat al Dain
ii.
Shirkat al Aqd.
There
are three different types of every type of this method. They are:
i.
Shirkat al Amwal
ii.
Shirkat al Amal
iii.
Shirkat al wujooh
Each of the above three types of
Shirkat-ul Aqd are further divided into two types:
i.
Shirkat-ul-Mufawada
(Capital & labour at par)
ii.
Shirkat-ul-Ainan
(Capital not equal)
(ii) Musharaka:
A real Islamic banking mode of operation is Musharaka. It is derived from the
term shirkat which also comes from the origin shirk or partnership.
(iii)
Bai Muajjal: It is a deffered payment method with cost plus principle. The bank sells the desired product with
a differed payment facility after adding profit over its principal. The bank
may not disclose the amount of the profit to the customer.
iv.
Bai Salam: It is a forward purchasing
method. The payment will be made on the spot and the goods will be supplied
within a future date. Bai Salan be used in different situation. But it is
widely used in the in cultural field. The specification of the goods in a great
concern. So it should be basely mentioned in the agreement.
v.
Bai Istisha: It is also a method of forward
purchasing. Bai Salan the payment fund is made a spot and the good will be
divided in a future date. In the manufacturing sector it is widely used.
vi.
Ijara: Ijara means leasing or Hiring any
physical asset as per a predetermined rental. The bank may is the owner of the
asset and the customer is the leasee or Hirer of the asset.
vii.
Ijara bill Baia: In case of Islamic banking
it is a combination of there different methods. Shirkat, rent and sell. The bank
purchases a goods jointly with the customer and to rent it to the customer and
finally sell it to the customer. The customer pays the principal as well as
rent in installment basis and the right of ownership increase day by day.
Finally after the end of the payment of installment the bank sell the goods to
the customer at a nominal price. In purchase a vehicle or making a house the
customer get fund thorough this method.
viii.
Bai Istijrar: It has come from the Arabic word
Bai and zana. It is a contract between a client and a supplier. To use the source
with supply the goods ongoing basis suppose weekly, monthly, quarterly on the
basis of any fixed price or any agreed mode of payment.
ix.
Wajirat Bill wakala:
It is a method of providing
consultancy services this is a method of doing some specific jobs can behalf of
any customer. No direct us miderate
financial involumat Bank only gets service charge.
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