One of the best ways to understand Islamic banking is to gain an understanding of the products that are considered acceptable. Several of these are covered below. The important thing to remember, however, is that, as with the Christian Bible, there are several differing interpretations of what the Holy Quran and the Hadith actually intend. As a result, not all of these products are universally acceptable (particularly those where the return is determinable in advance), but they are a useful guide. A subsequent piece in the series will cover some of the debate in this area.
This is the second in this series.
Wadiah (Safekeeping)
In Wadiah, a bank is deemed as a keeper and trustee of funds. A person deposits funds in the bank and the bank guarantees refund of the entire amount of the deposit, or any part of the outstanding amount, when the depositor demands it. The depositor, at the bank’s discretion, may be rewarded with a ‘hibah’ (gift) as a form of appreciation for the use of funds by the bank. In this case, the bank compensates depositors for the time-value of their money (i.e. pays interest) but refers to it as a “gift” because it does not officially guarantee payment of the gift.
Mudarabah (Profit Loss Sharing)
Mudarabah is an arrangement or agreement between a capital provider and an entrepreneur, whereby the entrepreneur can mobilise funds for its business activity. Any profits made will be shared between the capital provider and the entrepreneur according to an agreed ratio, where both parties share in profits and only capital provider bears all the losses if occurred. The profit-sharing continues until the loan is repaid. The bank is compensated for the time value of its money in the form of a floating interest rate that is pegged to the debtor’s profits.
Musharakah (Joint Venture)
This concept is normally applied for business partnerships or joint ventures. The profits made are shared on an agreed ratio, while losses incurred will be divided based on the equity participation ratio. This concept is distinct from fixed-income investing (i.e. issuance of loans).
Murabahah (Cost Plus)
This concept refers to the sale of goods at a price, which includes a profit margin agreed to by both parties. The purchase and selling price, other costs and the profit margin must be clearly stated at the time of the sale agreement. The bank is compensated for the time value of its money in the form of the profit margin. This is a fixed-income loan for the purchase of a real asset (such as real estate or a vehicle), with a fixed rate of interest determined by the profit margin. The bank is not compensated for the time value of money outside of the contracted term (i.e. the bank cannot charge additional interest on late payments), however the asset remains in the ownership of the bank until the loan is paid in full.
This type of transaction is similar to “rent-to-own” arrangements for furniture or appliances that are very common in the United States.
Bai’ Bithaman Ajil (Deferred Payment Sale)
This concept refers to the sale of goods on a deferred payment basis at a price, which includes a profit margin agreed to by both parties. This is similar to Murabahah, except that the debtor makes only a single installment, on the maturity date of the loan. By the application of a discount rate, an Islamic bank can collect the market rate of interest.
Wakalah (Agency)
This occurs when a person appoints a representative to undertake transactions on his/their behalf, similar to a power of attorney.
Qardul Hassan (Benevolent Loan)
This is a loan extended on a goodwill basis, and the debtor is only required to repay the amount borrowed. However, the debtor may, at his or her discretion, pay an extra amount beyond the principal amount of the loan (without promising it) as a token of appreciation to the creditor. In the case that the debtor does not pay an extra amount to the creditor, this transaction is a true interest-free loan. Some Muslims consider this to be the only type of loan that does not violate the prohibition on riba, since it is the one type of loan that truly does not compensate the creditor for the time value of money.
Ijarah Thumma Al Bai’ (Hire Purchase)
These are variations on a theme of purchase and lease back transactions. There are two contracts involved in this concept. The first contract, Ijarah contract (leasing/renting) and the second contract, Bai’ contract (purchase) are undertaken one after the other. For example, in a car financing facility, a customer enters into the first contract and leases the car from the owner (bank) at an agreed rental over a specific period. When the lease period expires, the second contract comes into effect, which enables the customer to purchase the car at an agreed price.
In effect, the bank sells the product to the debtor, at an above market-price profit margin, in return for agreeing to receive the payment over a period of time; the profit margin on the lease is equivalent to interest earned at a fixed rate of return.
This type of transaction is particularly reminiscent of “contractum trinius”, a complicated legal trick used by European bankers and merchants during the Middle Ages, which involved combining three individually legal contracts in order to produce a transaction of an interest bearing loan (something that the Church made illegal).
Bai’ al-Inah (Sell and Buy Back Agreement)
The financier sells an asset to the customer on a deferred payment basis and then the asset is immediately repurchased by the financier for cash at a discount. The buying back agreement allows the bank to assume ownership over the asset in order to protect against default without explicitly charging interest in the event of late payments or insolvency.
Hibah (Gift)
This is a token given voluntarily by a debtor to a creditor in return for a loan. Hibah usually arises in practice when Islamic banks voluntarily pay their customers interest on savings account balances.
Takaful (Islamic Insurance)
In modern business, one of the ways to reduce the risk of loss due to misfortunes is through insurance. The basic idea behind insurance is the sharing of risk. The concept of insurance where resources are pooled to help the needy does not contradict Shariah.
Conventional insurance involves the elements of uncertainty (Al-gharar) in the contract of insurance, gambling (Al-maisir) as the consequences of the presence of uncertainty and interest (Al-riba) in the investment activities of the conventional insurance companies which contravene the rules of Shariah. It is generally accepted by Muslim Jurists that the operation of conventional insurance does not conform to the rules and requirements of Shariah.
Takaful is an alternative form of cover which a Muslim can avail himself against the risk of loss due to misfortunes. The concept of takaful is not a new concept, in fact it had been practised by the Muhajrin of Mecca and the Ansar of Medina following the hijra of the Prophet over 1400 years ago.
Takaful is based on the idea that what is uncertain with respect to an individual may cease to be uncertain with respect to a very large number of similar individuals. Insurance by combining the risks of many people enables each individual to enjoy the advantage provided by the law of large numbers.
Sukuk (Islamic Bonds)
In keeping with the prohibition of riba, a conventional bond is not permitted. A Sukuk bond, however, is asset-backed and the returns on it are not fixed, but are linked to the return on the assets purchased with the proceeds of the issue.
These asset-based bonds of medium-term maturity have been issued internationally by sovereign and corporate entities. Sukuk paper has the advantage of competitive pricing as a risk-mitigation structure. In 2001, the Bahrain Monetary Agency was among the first central banks to issue this paper, in its case in three- and five-year maturities, with most issues oversubscribed.
Qatar issued Qatar Global Sukuk with a seven-year maturity (the largest issue ever at $700 million).
The German State of Saxony-Anhalt became the first non-Muslim issuer to tap the global Islamic debt market in 2004, raising some 100 million euros via a Sukuk issue in an innovative effort to appeal to a broader range of investors. More recently, the Islamic Development Bank created the first program for repeat issues of Sukuk. Widespread Sukuk paper issuance could lay the groundwork for the emergence of Islamic capital markets. But while the Sukuk market is developing rapidly, it remains primarily a market where holders keep bonds to maturity with limited secondary market trading.




29 comments
7 November, 2006 at 3:14 pm
Islamic Banking Products « Risk Management in Australia « Bankwatch
[...] Source: Islamic Banking Products « Risk Management in Australia [...]
8 November, 2006 at 1:36 am
Lise Buisson
Hi. I work for a bank in Canada, and I’m interested in using your definitions above on our employee intranet. Can I have your permission to do so?
8 November, 2006 at 1:53 am
ozrisk
Lise,
Go ahead. All we ask is for an attribution and a link to the blog to be included.
25 January, 2007 at 1:42 pm
din
hi. I study in Malaysia..focusing on islamic banking product..and now i doing research on BBA floating rate..am looking for sholars opinion..any idea??
25 January, 2007 at 5:46 pm
ozrisk
din,
Are you looking for a published opinion or to speak to a scholar? The scholars that currently advise the banks on their products are very few – there are only about 20 that advise most banks.
As far as I know, the most noted one in Malaysia is Dr. Mohd Daud Bakar – but, not being a Muslim or a scholar I cannot give an opinion as to whether he is the best or not.
My suggestion would be to contact the IFSB and see if they can help.
Kalau ada tanya lain, silahkan kembali.
25 January, 2007 at 11:53 pm
inhaam
Hi,
I am looking for some career oppertunities in takful, I am at the moment working in shri lanka and marketing/sales for 7 years. I have been in serveral international forums on takaful and a very good knowledge in takful. Please get back to me if there is anything available,
Inhaam
26 January, 2007 at 4:39 pm
ozrisk
Sorry, inhaam – my only suggestion would be to look to the Gulf region and find some careers websites. Other than that, no real ideas.
9 July, 2007 at 9:45 pm
Fahad Zafar
Afternoon,
I’m doing research on Operational Risk in Islamic Banks.
Could you please suggest any relevant link or articles.
Thanks!
23 October, 2007 at 1:13 am
Sunil Vaghani
Hello. I am looking for Sukuk finance to buy property in India. Can you please suggest where I can get this kind of finance from. thank you.
23 October, 2007 at 1:41 pm
Andrew
Sorry, Sunil – I know too little about the market there. Perhaps someone else on the blog may be able to help?
29 January, 2008 at 12:06 am
sm
Hi Andrew,
I was hoping for your opinion on Islamic home loan products avaliable on the market. For many in the Muslim community (here in Melbourne) MCCA has not been able to prove the ‘halal-ability’ of its current products. I have tried to look for authentic shariah compliant home loans but have not been successful. Speaking to many Muslims I can assure you that a very large chunk of the them are depressed and disillusioned with the prospect of trying to buy a home- no halal loans and very high prices. Is there any product out there?
SM
29 January, 2008 at 11:29 am
Andrew
sm,
As I am not a Shariah scholar I am not in a position to give an opinion on the products out there. What I can tell you, though, is that there are a number of institutions out there looking at establishing Halal lending arms in the near future.
One possible problem with MCCA is not that the products are not Halal, but that the scholars are not available to issue fatwas. There are not many scholars out there who truly understand finance (some estimate that there are only about 25 in the world) so while MCCA’s product may be Halal (again, I am not qualified to voice an opinion) there may be no way they can afford the fatwa.
31 May, 2008 at 6:36 pm
ahmed
Shall appreciate knowing as simple answers – yes or no. Thanks.
Q : Am I following complete and doubtless Islamic Shariah if I want to buy a house uder BBA / Ijara or whatever other terms banks use for home financing. I am referring to Malaysian or Bangladesh Islamic Shariah compliant banks.
Apologise for a very blunt question.
Thanks and Regards
Ahmed
1 June, 2008 at 11:43 am
Andrew
ahmed,
Apologies, but I do not pretend to be a Shariah scholar. I would suggest you consult your Imam or a scholar you know to be expert in these areas.
15 July, 2008 at 10:04 pm
Nazley Miller
In Jan 2008 “sm” asked about home loans that comply with shariah. Has there been any institutions that offer this services in Victoria.
Thanks
26 August, 2008 at 4:04 am
dedew
hi…iam dedew from indonesia….
do u have any information about assets&liablities management of islamic banking?? ( maybe about website,book,journal, or etc)
thanks..
6 September, 2008 at 3:39 am
priscilla
Hi, i am doing my asignment which related with Islamic banking. Can you give some opinions or recommend some academic or professional journals which related islamic banking products, the future of islamic banking and islamic products are on the ethical or investment efficiency?
Thank you.
27 October, 2008 at 11:35 pm
MEHMOOD UR REHMAN
HI ITS MEHMOOD , STUDENT OF MBA , WANT THE INFORMATION ABOUT THE COMPARATIVE STUDY OF MEEZAN BANK PRODUCT WITH THE FOREIGN ISLAMIC BANK PRODUCT KINDLY SUPPORT ME BY PROVIDING DIFFERENT TYPE OF ADDRESSES AND ARTICLES
THANKS
FROM PAKISTAN
5 March, 2009 at 5:14 am
MD
Hi
I want to know about the islamic banking products website which should be recongnized and authentic, please suggest, if any, it will be very helpful for me.
thanks.
MD
email : yohoomd@xxxxx.com
(replace the xxxxx with yahoo)
5 March, 2009 at 8:29 am
Andrew
MD,
As I said further up the thread, I am not a Sharia scholar. I would suggest you speak with your Imam.
I have also blanked out your email address to try to help cut down on spam.
If other readers of this thread would care to post link to help MD (and others) please fell free to do so. Just remember that if you post more than 2 links per comment the comment will be auto-moderated and will just take a little while to come up.
15 August, 2009 at 11:40 pm
Ahmed Mohamed Abdel-azeem
Hello , everybody
i want to be aware of the last modern Islamic financial products, which can be offered by the Islamic banks .
anybody can help ?
thank you in advance
Ahmed A. Azeem
15 August, 2009 at 11:45 pm
Ahmed Mohamed Abdel-azeem
Hello everybody
I need to know the latest modern Islamic Financial products ,which the Islamic banks can offer .
thak you in advace,,,
Ahmed A.Azeem
29 August, 2009 at 8:29 pm
rizal
hi! I’m rizal from Malaysia. I think the AITAB facility should not be equated with contractum trinius. Indeed, in a view, there are some similarity between those two, but, that is as far as it gets. Banks do business, and the profit rate that the Islamic banks charge is just to compensate for the opportunity costs of the financing they provided and the efforts for forwarding the funds. The main principle would still based on Qard al-hasan though.
please correct me if i’m wrong.. =)
tq
30 August, 2009 at 1:22 pm
Alice
Andy – ( you better watch what you say up in post 5/3rd). This boy obviously has an assignment to do for someone…I know they must do their own research but Im not sure his Imam would be able to help and you cant really blame him for asking! At least it shows initiative.
30 August, 2009 at 1:23 pm
Alice
Oh my goodness – I didnt notice exactly how many of them there were Andy!! What is it that you have that they keep piling in here asking the oddest questions…
Whatever it is youve got it.
30 August, 2009 at 1:24 pm
Alice
I bet they are ALL from the same subject!
30 August, 2009 at 4:12 pm
Andrew
Alice,
I did not write this one – but I have a good working knowledge of this area through some work I have done and a fair bit of reading.
30 August, 2009 at 4:15 pm
Andrew
Rizal,
I think pcully (who wrote this piece) was not saying they are the same, but it is “reminiscent” of a CT. My usual disclaimer as to not being a Sharia scholar aside, I do not believe that either contract is, in isolation, haram – but put both together and perhaps they do go outside Sharia.
As I said, though, I am not a Sharia scholar or a Muslim so you would need to consult an Imam or your own conscience before entering into a contract of this nature.
22 March, 2010 at 10:57 pm
Derek Balogh
Hello Andrew,
My name is Derek Balogh from Melbourne, Australia. I am currently dealing with Muslim Investors from Singapore who are extremely interested to invest funds in Australia’s Mortgage market. I am seeking an authority on the issue of obtaining the correct Sharia’h confirmation and certification to market Islamic Halal loan products in our country.
I hope I am not conflicting with your company and your services?
I have come across your website and began reading the blogs from people from all over Asia.
I am interested to open a dialogue with you and your colleagues to define and to filter the requirements to provide true and authentic Islamic mortgage loans in Australia. As I am not sure of the services of Ozrisk, perhaps there may be some shared business opportunities.
I am interested to discuss, firstly, the services provided by your company, and what may be the opportunity to discuss business with you and your organisation.
Many thanks to you, in advance, for your time and consideration to read my message Andrew.
Derek Balogh
Melbourne, Australia
E: derekhb14@yahoo.com
Mob: 0468 571 035