No Pork No Lard : The Shariah-Neutral Transactions

TO COMPLY OR NOT TO COMPLY, BUT THERE IS A THIRD OPTION

Following my earlier writing on the Digital Wallet / ePayments and how such transactions may have not breached Shariah requirements but lacks the validation to ensure all elements do not touch the prohibited elements, I am called to further expand on the topic. In my opinion, there are possibilities that more Shariah-Neutral products and transaction enter into the space of Islamic Banking, but without the validation of Shariah scholars or committees and yet, it will remain acceptable. It is possible, and it is already happening now.

“NO PORK NO LARD”

It is an interesting situation in Malaysia now, when it comes to food. In general, Malaysia as a Muslim country, the expectation is that the food consumed must be Halal and more importantly certified as such. The reason for it is that it gives comfort to the public that certain standards are adhered to according to religious requirements. To walk into a restaurant with the Halal signage gives us Muslims confidence to consume the food till our bellies are filled.

But there are challenges. The desire to ensure the standards are met has resulted in difficulties for restaurants getting certification quickly. The process is detailed and granular, and this is a good thing, but can be disheartening when the certification drags. And in some cases it is impossible to obtain, especially if the eatery has halal standard food but also offers alcoholic drinks to its non-Muslim customers. The Muslims know (or assume) the food is halal if they see there is no pork on the menu, and will ignore the alcoholic drink. This is now a common sight in Malaysia.

And thus the loop-hole or short-cut is discovered. Rather than going for certification of Halal for their restaurant, many owners now deemed it sufficient that the signage “No Pork / No Lard” will result in a Halal understanding. And this may be true; many small roadside businesses do not carry a Halal certification but is nonetheless patronised by Muslims as it does not carry pork on the menu. That cue is taken by the restaurant owners and over a period of time, the “No Pork / No Lard” now is understood to be serving halal food but without Halal certification.

DOES “NO PORK / NO LARD” MEANS IT’S SHARIAH NEUTRAL?

Taking that concept into the banking world, will consumers eventually be accepting Shariah Neutral products and services as the new norm? A product or services with no prohibitive elements that is deemed acceptable by both the producer and consumers but without any Shariah Committee validation. For many years some conventional banks have been offering Shariah compliant third party Takaful or Unit Trust products which was vetted by the Shariah Committee of the providers.There is total reliance on the providers validation for Shariah compliance.

Additionally, there are products and services that is by nature, very close to meeting the Shariah requirements in a contract. For example the leasing products which is perhaps 95% in line with Shariah requirements for Ijarah such as rental arrangements, ownership transfers and roles and responsibilities of lessor / lessee. The contention will always be the penalties and perhaps some operational practices, but in my view, these can be amended.

THEY WALK AMONG US

Believe it or not, there are already efforts on becoming Shariah-neutral where it is deemed acceptable practice for attracting Muslim consumers. Some non-Islamic banks have been aligning some of their products features to be consistent with Islamic banking practices under the guise of responsible financing or sustainable banking. For example, the compounding late payment interest which some non-Islamic banks no longer practice. Another example is that some are considering to remove “Commitment Fees” from unutilised financing balances in overdraft / revolving credit to align it to Islamic banking practices. We are starting to see non-Islamic banks realigning themselves to be on par with Islamic banking practices. Just to regain the competitive edge.

This will eventually lead to offerings that remove the prohibited elements and validated as acceptable by the public themselves, without further validation of Shariah scholars. Can a non-Islamic bank eventually offer products that it deemed as meeting the Shariah expectations? Surely, Shariah Committee will not have jurisdiction over a non-Islamic bank offering Shariah-Neutral offerings.

The more crucial question is perhaps : Will the public eventually become not so demanding for a stricter (or complicated)  Shariah Compliant product, and begin accepting Shariah-Neutral products that is offered by non-Islamic banks? Is that possible?

Such offerings may be offered via the digital world where the contractual lines are not so clear. Rebranding of a product can be done with minimal effort. The terms used can be made Shariah-friendly. How a transaction is handled behind the scenes may be less important  with the convenience of using Apps or Mobile Banking. And without Shariah scholars prohibition or decision on such matters, the public will hold to the opinion that it is deemed compliant and thus acceptable. Eventually, this opinion will become customary and generally accepted.

No Pork No Lard” may one day become the new acceptable norm in the non-Islamic banking space. And my suspicion, a lot of sceptics of Islamic Banking already hold this view. Maybe it is time to make clear of the colours of the offering; is it white or is it black? Otherwise, the colour of grey will become the new white.

To read the earlier posting, click on the following: https://islamicbankers.me/2019/01/15/e-wallets-did-you-forget-us-again/

Another Good Site : Islamic Finance Resource

Click on picture to jump siteOnce in a while, friends ask me if there are reports or articles on Islamic Finance, and as much as I would say my site has it all, I know for certain my site contains mostly my musings on Islamic Banking. It is certainly my resource centre for my field of work, but there are other sites that are maintained and organised more systematically.

One of the sites that I do visit once in a while is Islamic Finance Resources, which contains a lot of updated news and latest industry reports. A good place to find statistics and some discussions on interesting Islamic Finance structures, and useful information. Mostly excerpts from the IFN and Reuters news portals. Certainly an additional place for us to seek information.

Do have a check on the site and hope you find the site useful.

Report : Islamic Finance Development Report 2017

Click on picture to go to report

Information on Islamic Banking and Finance performance has always been an interest of many practitioners, myself included. Yearly we scour the best looking and informative reports on the internet that is full of data on the industry, especially when it covers the global markets as well. Sometimes we find an average one, but nowadays there seemed to be an abundance of available reports. Some have “good” contents, but when I come across “great” one, I am tempted to put it on my site. For future reference, off course!

What we always love to find out is the performance of the Islamic Banking industry locally and globally, as it will provide reliable data to management on the latest trends that contributes to the bottom line. And presented in simple and clear infographics will only ensure some of the slides will be “cut and pasted” for speaker presentations, being quoted in many sessions. This reports provide all those opportunities.

More interestingly, this report provides insights on what has been going on in the world. For example, items such as Value Based Intermediation (VBI) espoused by BNM was also mentioned. There is talk about Islamic Fintech, Awqaf Funds and other local going-ons, including CSR initiatives. I would say this report covers many new areas of interest in Islamic Banking and Finance.

It also has a four-slide presentation on the most recent dispute on Sukuk involving Dana Gas. This was a real concern by many many parties over an extendable period of time. Nonetheless, this report make a good job summarising the key issues about the Dana Gas case, until its resolution. What a good write up for layman.

I hope these kind folks don’t mind me posting their report on my site. As mentioned, this website was maintained aimed to be a repository of the many discussions on old and new issues. If you want to download the report yourself, click REPORT : ISLAMIC FINANCE DEVELOPMENT REPORT 2017. Also find other reports and this report in the Knowledge Centre.

Happy Reading

Malaysian Business : Revival

We Are Back!

That was the rebirth issue of the Malaysian Business in April 2017.

Malaysian BusinessThis magazine was one of my main reading requirements when I was still a relationship manager for Business Banking and Commercial Banking way back in the early 2000’s. It gave me some insights for my daily conversation with customers. Nowadays I hardly read an actual magazine; all been replaced by this thing called Mobile Phone. So it was a surprise to see this magazine making a comeback.
Acquired by the Amanie group owned by Datuk Dr Daud Bakar, I was expecting the contents to be Islamic Banking-heavy. But I think in keeping with the original spirit of its readership, it is Malaysian Business as usual (no pun intended!). There are some contents on Islamic Banking and Services, and I guess the editors are taking it one subject at a time.

Ahmad FaizalSo I spoke to my trusted counterpart, Ahmad Faizal (pic), to ask his opinion on the magazine and his thoughts on the comeback. The common magazines come to mind; Personal Money and TheEdge. Simply because of the established contents and great stories that grab attention. Malaysian Business needs to benchmark itself to these magazines. Especially during times that there is insufficient readerships of physical magazines. Faizal also observed that there is no emphasis on Islamic Banking, which may well be a differentiation factor. Faizal also have fond memories for Islamic Banker magazine edited by Mushtak Parker. Many new information covered in the magazine for example the latest structure of deals etc. and hoping that Malaysian Business adopt certain areas based on this magazine.

Early days yet. I love the rebirth, and hope to have more. Heard the May issue is out.  Gotta get it. Click on the picture below to go to www.malaysian-business.com & happy reading!

pg4-2

[Excerpt from Datuk Dr Daud Bakar FB page]

Revival of Malaysian Business Magazine – Amanie Media – New Editor in Chief

DDDBI am happy to share with you that we have launched Malaysia’s Premier Business Magazine in April 2017.

First published in 1972, the magazine, now to be published by new owner Amanie Media Sdn Bhd with founder and renowned Global Entrepreneur and Shariah scholar Datuk Dr Mohd Daud Bakar as the Editor in Chief, is set to hit the news-stands in April 2017.

With the theme of Hope for The Malaysian Nation, Malaysian Business is on a mission to be at the forefront of motivational and inspiring business establishments’ stories. From financial advice for start-up companies to success stories from millionaire business founders, Malaysian Business aims to help readers at enlivening their passion and business goals in life.

The magazine spans on a range of business topics, technology insights, business culture, personal financing tips as well as stories of successful entrepreneurs who share secrets of their success from the ground up.

Sections in the magazine will include:

  • Trending Facts and News – Highlights of International and Local News
  • Corporate and Market Capital Roundup – review on latest market updates
  • MB Preneur – Stories from the Unsung Heroes of SME’s
  • Walking down Memory Lane – Stories on how we can recreate success histories
  • Reader’s Page – Pour your thoughts out, we want to hear from you!
  • After Biz – an insight into the latest gadgets, automotive and trends

Come and join our network of trade leaders and key players by subscribing to Malaysian Business!

German Banks: More Islamic than Islamic Banks?

In one of my engagements a couple of years ago,  I had the fortune to present my views on the Islamic Banking industry and its challenges in front of an audience in INCEIF. One of the bright participants there had subsequently proceeded to complete her MSc Research and recently gotten in touch with me. I had a read of what she had published, and it is a remarkable piece of academia. I have since asked for her permission to publish it on this site, for the benefits of other readers. Good food for thought.

Thank you Ms Rosana Gulzar Mohd, for your allowance to this request.

Overall, I find the research quite enlightening and overall accurate. It is also a good reminder of what we still need to achieve to ensure Islamic Banking remains focused and strong for the foreseeable future. Happy reading and do give your constructive feedback on the paper for our discussion.
Note : Ms Rosana was a student from INCEIF : The Global University of Islamic Finance and recently finished her MSc thesis concluding that a) Islamic banks are not really ‘Islamic’ and b) the recommendations for reforms. The analysis centres on the industry in Malaysia. She is keen to pursue her PhD. (Click this link for alternate site to download research)
Middle East Institute – National University of Singapore
Abstract:
This study, which compares the German system with Malaysia in the hope of improving Islamic finance, uncovers four paradoxes. Germany is chosen because its focus on mutuality and small enterprises, at the expense of profit maximisation, not only embodies the Shariah principles of justice and social welfare but also makes the system more stable. The banks’ profitability and stability between 2006 and 2014 are compared. This covers their performances before, during and after the global financial crisis. The indicators used are the banks’ return on average equity (ROAE), return on average asset (ROAA) and net loan to deposits and short-term funding. While this study finds that Malaysian banks, including Islamic ones, are indeed significantly more profitable and efficient than German banks, it uncovers four paradoxes. Firstly, it is ironical that Malaysian commercial banks are less aggressive than the Germans in their loans-to-deposit ratio. Secondly, the profitability of Malaysian development financial institutions (DFIs) and banking cooperatives are comparable, if not higher, than its commercial banks. Thirdly, the ROAE for Malaysian banking cooperatives rose 41% during the 2008 crisis when other banks’ fell. The last paradox is that while Malaysian commercial banks seem prudent in their lending, the DFIs and banking cooperatives are leveraged to an alarming extent. This study concludes with two reform recommendations: a rethink of the economic drivers in Malaysia and a sprucing up of the DFIs and cooperatives’ balance sheets towards national standards.