Académique Documents
Professionnel Documents
Culture Documents
Shariah Department...2 Musharakah Contract.....3 Mudarabah Contract..7 Murabahah Contract.....11 Ijarah Contract..14 Salam Contract.....18 Istisna...20 Conclusions..22 Recommendations22 References
2. 3. 4. 5. 6. 7. 8. 9.
10.
It prepares an annual report on the Banks balance sheet with respect to its Shariah compliance.
Shirkah
Shirkat UlMilk
Shirkat-UlAqd
Optional
Automatic
Shirkat-ulAmwal
Shirkat-ul Amal
Shirkat-UlWajooh
DIMINISHING MUSHARAKAH
In diminishing Musharakah the financier and the client participates, either in joint ownership of a property or equipment, or in a joint commercial enterprise. The share of the financier will be divided into a number of units. The client will purchase these units one by one periodically until he is the sole owner of the property.
3
House Financing Car Financing Plant & Machinery Financing Project Financing Working Capital Financing Import and export financing All other fixed assets financing BASIC STRUCTURE OF DIMINISHING MUSHARAKAH
The client approach to the Islamic bank with the request for project / machinery / house
Client
Ownership Musharakah
The bank inters into the Musharakah (joint ownership) agreement with the client and
both the partner pay their respective shares to the seller of the asset.
The profit shall be distributed in the proportion mutually agreed in the contract. The profit ratio must be determined as a proportion of the actual profit earned by the
enterprise.
The each partner shall suffer the loss according to the ratio of their investment. To meet the need of modern business we may conclude that the nature of capital may be
Islamic Banks
between the partners. If not in cash form then market value will be consider.
Termination of Musharakah with out closing the business then,
The partner who wants to run the business may purchase the share of outgoing partner. The client also pays the rent for the use of banks shares in the property, with this process the ownership of the asset is gradually transferred to the client. Client Pays rent Joint Ownership Musharakah
Ownership Gradually transferred to Client
Client
Islamic Banks
HOW IT WORKS?
Our Relationship Officer will visit and help you complete the Home Finance application form.
Once your application has been analyzed and approved you will receive an offer letter
stating the terms of offer and the finance amount ISLAMIC BANKING Is Willing To Provide.
On completion of these steps, the amount stated in the offer letter which is ISLAMIC
BANKINGs contribution towards Musharakah will be deposited by ISLAMIC BANKING to Musharakah account. You will be registered as the legal owner of the property at the local registrars office.
You will then be required to execute a lease agreement (Payment Agreement) to lease
ISLAMIC BANKINGs undivided share of the property ISLAMIC BANKING for an agreed number of years against monthly rentals. To complete the transaction you would sign the remaining transaction documents.
After successful completion of Lease, ISLAMIC BANKING will sell its undivided share
The bank pays it share of investment Rs. 160 Million, and client will invest 40 Million. The bank ownership will be 80% and client 20%.
Client agrees to buyout bank share (units) on yearly basis or the client promises to the
financier that he will purchase one unit after three month. The client pays the rent for the usage of bank units. Rental reduces after purchase of each unit by the client.
After the specific time may be five year or seven year Musharakah agreement ownership of the asset will completely transferred to the client.
2) MUDARABAH CONTRACT:
In Banking Institutes the Mudarabah contract is used for the account holders. Who deposits their money in the saving accounts or current accounts as an investment. Mudarabah contract is making for an agreed period of time and it is decided at the time of making the contract. And these are called Rab-ul-Mal. Because investments come from the depositor, The Islamic Bank act as Mudarib because the bank manage the finance of the depositor and invest in Islamic way by using their skills and experience to earn profit for the contract of Mudarabah. In contract of Mudarabah the profit is distributed among the bank and depositor according to pre agreed ratio. The Rab-ul-Mal can take the profit monthly, quarterly and annually. It is decided at the time of making the contract. But in case of any loss the Rab-ul-Mal is fully responsible unless caused by negligence or violation of terms of the contract by the Mudarib.
Types of Mudarabah
If rab-ul-mal specified the particular business for the Mudarib is called Al Mudarabah Al Muqayyadah (restricted Mudarabah)
If rab-ul-mal dose not specify the particular business is called al Mudarabah Al Mutalaqah (unrestricted Mudarabah)
But in the contract of Mudarabah in Islamic bank the Rab-ul-Mal does not interfere in business affairs because his interference may render the Mudarabah void. USES OF MUDARABAH IN ISLAMIC BANKI NG:
Collective Mudarabah
Collective Mudarabah means a joint pool created by many investors and handled over to a single Mudarib who is normally a juristic person. Collective Mudarabah creates two different relationships: Relationship between investors, which is Shirkah or Partnership. Relationship of all the investors with Mudarib, which is Mudarabah.
Mudarabah application
rules.
Project financing 8
Ensuring Truly Halal Savings with Comprehensive Returns On agreeing to become a Rupee Saving Account holder, the customer enters into a relationship based on Mudarabah with Meezan Bank. Under this relationship, the customer is an Investor (Rab-ul-Maal) and the Bank is the Manager (Mudarib) of the funds deposited by the customers. The Bank allocates the funds received from the customers to a deposit pool; funds from the pool are utilized to provide financing to customers under Islamic modes Profit sharing & Distribution Method The Bank calculates the profit of the deposit pool every month. Gross income of the deposit pool is shared between the Bank Mudarib and customers (Rab-ul-Maal) on the basis of a predetermined profit-sharing ratio announced at the beginning of the month. The profit is distributed amongst the Account holders on the basis of predetermined weight ages, announced at the beginning of the month. In case of a loss, as per the rules of Mudarabah, the Rab-ul-Maal shall bear the loss in the ratio of their investment.
Labbiak Saving Asaan A specialized Saving Account designed to save for Umrah &
Hajj
Business Plus Account- Serving you the perfect blend of convenience and flexibility Dollar Saving Account - A Truly Halal Dollar Saving Account Euro Saving Account A Truly Halal Euro Saving Account Pounds Saving Account- A Truly Halal Pound Saving Account
Certificate of Islamic Investment The Certificate of Islamic Investment (COII) is a Mudarabah-based deposit product through which you can invest your savings for periods ranging from 3 months to 5 years and earn Halal profit on a periodic basis. investment can be made for 3 months, 6 months, 1 year, 2 years, 3 years and 5 years Profit payment options are monthly, quarterly or at maturity Monthly Mudarabah Certificate
9
Termination of Mudarabah
Termination of Mudarabah, every partner has right to terminate the Mudarabah, at any
between the partners. If not in cash form then to sell and liquidate them so that the actual profit may be determined.
At the time of termination and some profit earned on the principal amount it shall be
3)
MURABAHAH CONTRACT:
Murabahah One of the most common modes of finance employed by Islamic Banks, Murabahah is based on the exact requirements of each customer. It can be defined as a sales transaction
10
actually purchase some commodity. e.g. If client want fund to purchase some raw material for the bank purchase raw material and sell him with added some margin. If the funds required for some other purposes like paying salaries, utilities bill, for this Murabahah required a real sale of some commodity.
Before the selling the commodities first he must purchase by himself (owned the
commodity), then sell to the client. And the commodity must come into the possession of the financier.
Structure of Murabahah
Bank
Agreement to Murabahah
Client
12
Client appointed as agent to purchase goods on banks behalf Bank gives money to agent/supplier for purchase of goods.
The agent takes possession of goods on banks behalf.
Supplier
k Ris sfe n Tr a d rre
De liv er y
of G
Bank
Agent
oo ds
Client makes an offer to purchase the goods from bank through a declaration.
Bank
Offer to Purchase
Bank
Client
Client
Ijarah.
LAND in Islamic Economics In the Islamic jurisprudence, the term 'Ijarah' is used for two different situations. In the first place, it means 'to employ the services of a person on wages given to him as a consideration for his hired services." The employer is called 'Mustajir' while the employee is called 'ajir', while the wages paid to the ajir are called their 'ujrah'. The second type of Ijarah relates to the usufructs of assets and properties, and not to the services of human beings. 'Ijarah' in this sense means ' to transfer the usufruct of a particular property to another person in exchange for a rent claimed from him.' In this case, the term 'Ijarah' is similar to the English term 'leasing'. Here the lessor is called 'Mujir', the lessee is called 'Mustajir' and the rent payable to the lessor is called 'ujrah'. The rules of Ijarah are very much similar to the rules of sale, because in both cases something is transferred to another person for a valuable consideration. The only difference between Ijarah and sale is that in the latter case the corpus of the property is transferred to the purchaser, while in the case of Ijarah, the corpus of the property remains in the ownership of the transferor, but only its usufruct i.e. the right to use it, is transferred to the lessee.
IJARAH AS A MODE OF FINANCING
VENDOR
Transfe r of Title
The customer approaches the Bank with the request for financing and enters into a
promise to lease agreement. The Bank purchases the item required for leasing and receives title of ownership from the vendor
14
Price Payment
ISLAMIC BANK
Agreement
CUSTOMER
VENDOR
ISLAMIC BANK
Agreement
Transfer of Title
The Bank leases the asset to the customer after execution of lease agreement. The customer makes periodic rental payments as per the contract At the end of the tenure customer can purchase the asset from the bank with the help of
relating to ownership are borne by the Lessor. i.e. Water tax, electricity bill etc are to be borne by the Lessee 4. Subject matter of Lease should be Valuable, Identified and Quantified. 5. The period of Lease must be determined in clear terms. 6. The Lessee is responsible for damage to the asset caused by fraud or negligence.
7. Any damage to the asset not caused by the Lessees neglect is to be borne by the Lessor.
Transfer of Title
Price Payment
CUSTOMER
Advance rental. Balance Sheet should reflect this payment as Liability, since rent can be received only for use of an asset.
14. Lease period will start when the asset has been delivered to the Lessee
Termination of Ijarah
1. If the Lessee contravenes any term of the Lease agreement the Lessor may unilaterally
terminate the agreement 2. If there is no contravention, the agreement can only be terminated by mutual consent
3. Conventional Financial Lease agreements give termination right to Lessor in all cases.
IJARAH CONTRACT:
Islamic Banks Car Ijarah unit provides a car financing, based on the principles of Ijarah and is free of the element of interest. Car Ijarah is Pakistans first Interest Free car financing based on the Islamic financing mode of Ijarah (Islamic leasing). This product is ideal for individuals looking for car financing while avoiding an interest-based transaction. islamic Bank
16
SALAM CONTRACT:
17
CONDITIONS IN SALAM:
It is necessary for the validity of Salam that the buyer pays the full price to the seller at
the time of affecting the sale. Salam is to fulfill the "immediate need" of the seller. If its not paid in full, the basic purpose will not be achieved. Only those goods can be sold through a Salam contract in which the quantity and quality can be exactly specified. Salam cannot be affected on a particular commodity or on a product of a particular field or farm. It is necessary that the quantity of the commodity is agreed upon in absolute terms. All details in respect to quality of goods sold must be expressly specified. The exact date and place of delivery must be specified in the contract. Salam cannot be affected in respect of things, which must be delivered at spot. The time of delivery should be at least fifteen days or one month from the date of agreement. The price in Salam is generally lower than the price in spot sale, the difference in the two prices may be a valid profit for the Bank. A security in the form of a guarantee, mortgage may be required for a Salam in order to ensure that the seller delivers. The seller at the time of delivery delivers commodities and not money to the buyer.
18
Istisna
1. Istisna is a contract of sale of specified items to be manufactured (or constructed), with an obligation on the part of the manufacturer (or contractor) to deliver them to the Customer upon completion. 2. Istisna is the second exception to the rules of sale where a sale is allowed without immediate delivery of the goods sold.
19
20
used by the manufacturer anywhere he deems fit. It doesnt have to be utilized exclusively for the production process.
Conclusions:
After this we conclude that Islamic modes of financing are based on Islamic rules and regulations.
RECOMMENDATIONS:
21
conventional banking in Islamic countries. In Pakistan, the trend of Islamic banking is very low it should be high as compare to conventional banking.
It is important for the Muslim peoples that they should boycott the conventional banking
attraction of customers.
Interest is Haram in Islam Muslims should totally avoid the interest based transactions.
All the banking system should be online because the processing of transactions is very low as compare to online banking system.
REFRENCES:
http://www.Islamic Banking.com.pk/ http://www.meezanbank.com.pk/
22
23