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Risk Management and New Products Development in Islamic Finance
                                                                                                                          29 April 2008 IBFIM




                          Introduction                                  New Product Development in Islamic finance
                                                                                 Introduction




                                                                         1. Market Updates / Statistics
              New Product Development in Islamic                         2. Recent Development
                           Finance                                       3. Contemporary issues
                                                                         4. New Products Development in Islamic Finance
                                                                         5. Commodity Murabahah
                                                  By
                                         ZAIRULNIZAD SHAHRIM             6. Islamic Exchange Traded Fund (ETF)
                                             24th Feb 2009




                                                               Page 1                                                             Page 2




Copyright IBFIM @ 2008. All Rights Reserved
Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                                                          29 April 2008 IBFIM




           Market Updates & Statistics                                                                                                  Market Updates & Statistics
                     Introduction                                                                                                                              Introduction

           REVIEW OF INDUSTRY – SUKUK MARKET                                                                                            INDUSTRY STATISTICS (SUKUK VS CONVENTIONAL BONDS)




                                                                                                                                                                                                                                      of total PDS

                                                                                                                                                                              Sukuk Approved by SC

                                                                                                                                                   140.0
                                                                                                                                                                                                                                          121.3
                                                                                                                                                   120.0
                                                                                                                                                   100.0




                                                                                                                                          RM'bil
                                                                                                                                                    80.0
                                                                                                                                                    60.0                                                         43.3          42.0
                                                                                                                                                                      38.4       35.3         32.7                      33.8           37.5
                                                                                                                                                    40.0   26.7
                                                                                                                                                              19.0        17.6                             19.3
                                                              Source: SC’s ICM Quarterly Bulletin- January 2008                                                                     12.0          15.2
                                                                                                                                                    20.0
             Sukuk captured 76% of the RM-PDS market in 2007 (55% in 2006)                                                                           0.0
                                                                                                                                                            2001       2002       2003         2004          2005        2006            2007
              Sukuk in 2007 (RM121.3b) increased by 189% from 2006 (RM42.02b)
                                                                                                                                                                                               Year
           1
             The Sukuk figure includes the approval of 7 combination issuances (conventional and sukuk) with a combined issue size
           of RM89.5 billion and 2 ABS amounting to RM3.4 billion                                                                                                                       Conventional     Sukuk
           2
            The combination issuance of RM60 billion by Cagamas Berhad was not included for the purpose of this calculation due to
           uncertainty of the amount per multiple Syariah principles to be used.

                                                                                                                               Page 3                                                                                                                Page 4




Copyright IBFIM @ 2008. All Rights Reserved
Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                    29 April 2008 IBFIM




                                                                                                        Market Updates & Statistics
            Market Updates & Statistics
                     Introduction                                                                                           Introduction
                                                                                                        INDUSTRY STATISTICS (DOMESTIC VS GLOBAL)
           INDUSTRY STATISTICS (SUKUK VS CONVENTIONAL BONDS)
                                                                                                        DOMESTIC


                                                                                                                    140.0
                                                                                                                                                                                          121.3
                                                                                                                    120.0

                                                                                                                    100.0

                                                                                                                     80.0
                                                                                                                                                             189%




                                                                                                           R 'bil
                                                                                                            M
                                                                                                                     60.0
                                                                                                                                                          43.3           42.0
                                                                                                                     40.0
                                                                                                                            19.0
                                                                                                                                     17.6
                                                                                                                     20.0                          15.2
                                                                                                                                            12.0

                                                                                                                      0.0
                                                               Source: Securities Commission
                                                                                                                            2001     2002   2003   2004   2005           2006             2007

                                                                                                                                                          Source: Securities Commission




                                                                                               Page 5                                                                                             Page 6




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                    29 April 2008 IBFIM




           Market Updates & Statistics                                                                        Market Updates & Statistics
                                          Introduction                                                                      Introduction
           INDUSTRY STATISTICS (DOMESTIC VS GLOBAL)                                                           GLOBAL STATISTICS (SUKUK ISSUED BY COUNTRY)
           GLOBAL
                                                                                                                        Full-Year 2007

                          60.0
                                                                                        47.8
                          50.0

                          40.0                                                76%
                U SD $'b il




                                                                               27.2
                          30.0
                          20.0                                         12.0
                                                         5.7    7.2
                          10.0
                                    0.8          1.0
                              0.0
                                    2001        2002     2003   2004   2005    2006    2007
                                                                                      Source: IFIS




                               Continuous growth in both domestic and global markets
                                                                                                                                                            Source: Dealogic Database



                                                                                                     Page 7                                                                             Page 8




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                                29 April 2008 IBFIM




            Market Updates & Statistics                                                                              Market Updates & Statistics
                     Introduction                                                                                                       Introduction

           GLOBAL STATISTICS (SUKUK ISSUED BY COUNTRY)                                                               2007- TYPES OF SUKUK CONTRACTS

                                                                                                                     LOCAL – 58% Musyarakah
                                                                                                                                                            Musyarakah
                                                                                                                                                               58%



                                                                               Pakistan
                                                                      Kuwait            Qatar
                                                                                1.7% 0.8%



                                                                                                                                                                                         BBA
                                                       Saudi Arabia    2.1%                     Bahrain
                                                         15.7%                                   0.5%
                                                                                                Indonesia
                                                                                                   0.3%

                                         United Arab
                                          Em irates
                                           30.2%
                                                                                        Malaysia
                                                                                         48.6%
                                                                                                                                                                                         2%

                                                                                                                             Istisna'
                              Malaysia captured the biggest                                                                    9%
                              market share in 2007 at
                                                                                                                                                Ijarah                   Murabahah
                                                                                                                                                 11% Mudharabah            19%
                                       48.6%                                                                                                            1%
                                                                                                                                                                            Source: Raw data compiled from IFIS and SC



                                                                                                            Page 9                                                                                                       Page 10




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                       29 April 2008 IBFIM




            Market Updates & Statistics                                                                       Market Updates & Statistics
                          Introduction                                                                                         Introduction
            2007- TYPES OF SUKUK CONTRACTS                                                                    Global view of Islamic Finance

            GLOBAL – 46% Musyarakah
                                                                                                              1. There are more than 267 Islamic financial institutions (IFIs) in the world with
                                                                                                                 capitalization in excess of USD 13 billion. This includes banks, mutual
                              Musyarakah
                                                                                                                 funds, mortgage companies and takaful
                                 46%
                                                                    Investment
                                                                       Sukuk
                                                                                                              2. Syariah compliant financial products estimated to exceed USD 250 billion
                                                                        7%                                       with annual growth rate of 23.5% over the past 5 years
                                                                          Islamic
                                                                      Exchangeable
                                                                           Bond                               3. The potential is huge. By 2020, there will be 2.5 billion of Muslim population
                                                                            9%                                   worldwide from the current 1.5 billion level
                     Others                                      Mudharabah
                      9%                                            10%                                       4. Islamic banks are expected to manage 40% to 50% of total savings of
                                           Ijarah   Murabahah
                                                                                                                 Muslim population in 8 to 10 years. Therefore, potential for Islamic services
                                            17%        2%                                                        is estimated at USD 4 trillion by 2020.
                                                       Source: Raw data compiled from IFIS and SC

                                                                                                                                                                                        Source: IFIS

                                                                                                    Page 11                                                                                        Page 12




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                                                                 29 April 2008 IBFIM




            Market Updates & Statistics                                                                                                                          Recent Development
                                    Introduction                                                                                                                         Introduction
             Islamic finance in ASIA


                       Commitment

                                                                                                                 Malaysia, S. Arabia,
                  Business                                                                                        Bahrain, Dubai,
                 innovation                                                                                      Kuwait, Qatar, UAE


                   Market
                 innovation
                                                                                        Brunei, Indonesia,
                                                                                        Singapore, South
                 Competitor                                                              Africa, Morocco,
                  matching                                                                    Turkey


                  Minimum                                         Syiria, Lebanon,
                  presence                                        Germany, USA,
                                                                       Europe

                  Monitor
                development
                                             China, India, HK,
                                            Japan, Korea, Indo-
                                                  China
                 Wait & see



                                       Exploratory                        Development                        Expansion                  Research



                                                                                                                           Source: Internal research




                                                                                                                                                       Page 13                                                          Page 14




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                                                                                                                                                                29 April 2008 IBFIM




             Recent Development                                                                         Recent Development
                             Introduction                                                                               Introduction
             Malaysia International Islamic Financial Centre (MIFC)                                     Malaysia International Islamic Financial Centre (MIFC)

             1. 14 August 2006 marked the launch of a nationwide initiative to promote
                                                                                                        3. It comprises a diversified range of financial institutions operating from
                Malaysia as an International Islamic Financial Centre - MIFC. The MIFC
                                                                                                           anywhere in Malaysia that offer Islamic financial products and services in any
                initiative is aimed at fortifying Malaysia’s position as a vibrant, innovative and
                                                                                                           currency to non-residents and residents. The objective of the MIFC is to
                competitive Islamic financial hub, with significant roles in:
                                                                                                           promote Malaysia as the centre for :
                       Facilitating relationships between the international Islamic financial
                                                                                                                Origination, distribution as well as trading of Islamic treasury and capital
                       markets; and
                                                                                                                market instruments
                       Bridging and expanding investment and trade relations between the
                                                                                                                Islamic fund and wealth management services
                       Middle Eastern, West Asian and North African regions with East Asia
                                                                                                                International currency Islamic financial services (including deposits and
                                                                                                                financing)
             2. The MIFC initiative is specifically undertaken by the collective efforts of the                 Takaful and retakaful
                country's financial and market regulators, together with the participation of                   Islamic finance education, training, consultancy and research
                the industry representing the Islamic banking, takaful and capital market in
                Malaysia




                                                                                              Page 15                                                                                  Page 16




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                          29 April 2008 IBFIM




             Recent Development
                            Introduction                                                          Contemporary Issues
                                                                                                          Introduction
             International Currency Business Unit (ICBU)
                                                                                                  Infrastructural support

             1. An International Currency Business Unit (ICBU) of a licensed institution,         1. Syariah
                namely Islamic bank, commercial bank and investment bank, is permitted to
                conduct a wide range of Islamic banking business under the Islamic Banking            •   Lack of standardisation in financial contracts and can be a source of
                Act 1983 (IBA) or Islamic banking business under Section 124 of the Banking               ambiguity, dispute and higher cost
                and Financial Institutions Act 1989 (BAFIA) in international currencies other         •   Different Syariah interpretation
                than Malaysian ringgit

             2. The income arising from the transactions of the ICBU is eligible for full tax     2. Legal
                exemption accorded under the Income Tax Act 1967 for ten years from the               •   International acceptance of Islamic financial contract requires them to
                year of assessment 2007                                                                   be acceptable to the Syariah as well as enforceable under Common
                                                                                                          Law and Civil Law




                                                                                        Page 17                                                                                   Page 18




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                         29 April 2008 IBFIM




            Contemporary Issues
                    Introduction                                                                  Contemporary Issues
                                                                                                          Introduction

            Infrastructural support                                                               Image of Islamic products and services

             3. Human talent                                                                      1. The credibility and sustainability of Islamic products as compared to
                                                                                                     conventional
                 •   Syariah experts that have adequate knowledge of banking and finance
                                                                                                      •   Resemblance to the products and services offered by conventional
                 •   Finance specialist to have adequate knowledge of the applicable rules
                                                                                                          players
                     and principles
                                                                                                      •   Whether we can integrate standard and codes of good practice
                                                                                                          developed at national level into global practices
                                                                                                      •   Acceptance of standard used in Sukuk issuance, rating decision and
                                                                                                          equity and project screening at international level




                                                                                        Page 19                                                                                Page 20




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                           29 April 2008 IBFIM




            Contemporary Issues
                    Introduction                                                                  Contemporary Issues
                                                                                                          Introduction

            Market liquidity                                                                      Rating and statistical reporting

             1. Market                                                                            1. Rating is done using conventional methodology

                 •   Short term liquidity management and asset liability management                    •   Many Sukuk appear to have assets at their core, detailed analyzes of
                                                                                                           their commercial terms and legal structures shows that performance,
                 •   Financial risk management and hedging for issuer as well as investor                  for some is not governed by their assets, indeed, the credit risk is
                                                                                                           really that of the sponsor or originator - Moody’s

             2. Products and services                                                                  •   No substantial distinction from traditional rating criteria – Fitch

                 •   There is a gaps between Syariah compliant products and conventional               •   No significant difference in the methods to rate conventional and
                                                                                                           Islamic debt securities. Has own Syariah board and will validate
                 •   Lack of hedging and derivatives products to be used as risk                           Syariah compliance structure – MARC
                     management tools
                                                                                                       •   No significant difference in methodology – Standard and Poor’s
                 •   Money market instruments to manage market liquidity and set
                     benchmark rate of return                                                          •   No significant difference in methodology - RAM


                                                                                                  2. Different contractual relationships require different type of reporting

                                                                                        Page 21                                                                                  Page 22




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                             29 April 2008 IBFIM




            New Product Development in Islamic finance                                               New Product Development in Islamic finance
                            Introduction                                                                             Introduction
            Preamble
                                                                                                     Issues
            1. Width (increasing issuance of new products) and depth (introducing more
               derivatives) of product range is one of the essential components of an efficient      1. Too few products in the market
               market

                                                                                                     2. Products are not competitive enough
            2. Sell what the market want, and not what can be produced

                                                                                                     3. Products are not compatible with the present infrastructure
            3. Essential product characteristics:
                a. Risk tolerance (high, medium and low risk)
                                                                                                     4. Products are not flexible enough
                b. Meeting the return expectation
                c. Meeting the liquidity expectation
                                                                                                     5. Most currently available products are based on Uqud al-Muawadah (contract
                d. Meeting the unique needs (Syariah compliance and other needs)                        of exchange) rather than Uqud al-Isthirak (contract of participation)


            4. Efficient market structure

                                                                                           Page 23                                                                            Page 24




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                            29 April 2008 IBFIM




            New Product Development in Islamic finance                                             New Product Development in Islamic finance
                             Introduction                                                                           Introduction

            Issues                                                                                 Product Development Process

            6. All Islamic capital market products need to have endorsement from Syariah           1. It’s a dynamic management processes
               adviser – Attract additional cost and time consuming

                                                                                                   2. Market research – Identify the market needs
            7. Pricing mechanism – How do we price Islamic capital market products?

                                                                                                   3. Analysis and product design
            8. Products are not well understood

                                                                                                   4. Pricing and profitability consideration
            9. Islamic capital market products are not/less liquid – difficult to exit

                                                                                                   5. Promotion – selling aspect of the product development




                                                                                         Page 25                                                                   Page 26




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                                                                                                                                                                                       29 April 2008 IBFIM




            New Product Development in Islamic finance                                                                         New Product Development in Islamic finance
                            Introduction                                                                                                       Introduction
            Five key elements
                                                                                                                               Product Development - The way forward
                                                         Return from
                                                           Islamic
                                                       instruments vs
                                                                                                                               1. Develop, enhance and coordinate Islamic finance / Islamic capital market
                                                        conventional                                                              infrastructure
                                                          products
                            serv ture &




                                                                                   Dev rketing
                                                                                                                               2. Interaction between Syariah and Finance

                                                                                     Prod ent &
                                                                                      ma
                                  ices




                                                                                      elop
                               struc




                                                                                          uct
                                                                                          m
                         Infra




                                                         ISLAMIC                                                               3. Sound and establish regulatory framework
                                                  INSTRUMENTS

                                                                                                                               4. A large and diverse number of companies, investors and intermediaries
                                                                                      s
                                       Co                                          tor
                                      & mpe                                     fac te
                                        Pe tit                                g ntia nt
                                                                            in e
                                          rfo ive
                                             rm ne                      tify fer me
                                               an ss                 en if ru er                                               5. Strong support from the Government
                                                 ce                Id at d inst oth
                                                                      th ne r an
                                                                          o ve
                                                                              o
                                                                                     Source: Failaka International




                                                                                                                     Page 27                                                                                 Page 28




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                           29 April 2008 IBFIM




            Commodity Murabahah & Tawarruq
                    Introduction                                                                   Commodity Murabahah & Tawarruq
                                                                                                           Introduction


             1. What is Tawarruq?
                                                                                                   3. Is it permissible? 3 opinions:
                 •   Comes from the word al-wariq, meaning silver, because the one who
                     buys the product is only buying for the sake of Dirham’s (originally,
                     silver and coins)                                                                 Opinion 1
                                                                                                       •   Majority of scholars say YES! Because Allah says (interpretation -”
                                                                                                           whereas Allah has permitted trading and prohibited riba”)
             2. Tawarruq – In practice
                 •   Buying a commodity from a supplier on deferred payment basis, then
                     the purchaser sells such commodity to a third party in cash                       •   The purchaser is buying the commodity either to benefit from the
                                                                                                           commodity itself or to benefit from its price
                 •   This transaction involves three parties:
                      a. The Trader (owner of the commodity)
                                                                                                       •   Meets the needs of people for cash as compared to Qard Hassan.
                      b. The purchaser (or the Mustawriq – the person who s engaging in
                         this transaction of tawarruq to obtain cash)
                      c. The second Purchaser ( who buys the said commodity from the
                         Mustawriq)


                                                                                         Page 29                                                                                 Page 30




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                           29 April 2008 IBFIM




            Commodity Murabahah & Tawarruq
                    Introduction                                                                      Commodity Murabahah & Tawarruq
                                                                                                              Introduction



                Opinion 2                                                                               Opinion 3
                •   Not permissible because:                                                            •   Permissible subject to certain conditions:
                    i.   The aim is to take money for money and the commodity comes                         i.   That the person be in need of money
                         in between as a means of making the transaction permissible
                         (hilah)
                                                                                                            ii. That he should not be able to obtain money in any other
                                                                                                                permissible manner
                    ii. It leads to creation of huge debts in the Muslim society which is
                        undesirable by Syariah and which cause instability in the
                        economy                                                                             iii. That he does not sell the purchased commodity to the same
                                                                                                                 seller whom he bought it from for less price


                                                                                                            iv. There should not be any pre-arrangement or fictional device
                                                                                                                (hilah) in this transaction that might lead to riba



                                                                                            Page 31                                                                           Page 32




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                             29 April 2008 IBFIM




            Commodity Murabahah & Tawarruq
                    Introduction                                                                    Commodity Murabahah & Tawarruq
                                                                                                            Introduction

           Tawarruq via the Banks                                                                   Tawarruq via the Banks
                                                                                                     4. It involves an additional party (the Bank) so we have four parties:
             1. Is the mode through which some Banks are facilitating the supply of cash to
                their clients                                                                            i.   The Trader (the original owner of the commodity and the first seller)
                                                                                                         ii. The Bank (the first Purchaser of the commodity and the second Seller
                                                                                                             of the said commodity)
             2. It involves buying a commodity by the Bank (upon the request of the client)
                from a supplier, then selling the said commodity to the client on deferred               iii. The Mustawriq, who is in need of cash (the second Purchaser of the
                payment basis, then the client resells such as commodity to a third party in                  Commodity and the third Seller)
                cash
                                                                                                         iv. The Third Purchaser (who buys the said commodity from the
                                                                                                             Mustawriq)
             3. Is different than the original Tawarruq known to earlier scholars
                                                                                                     5. It might involves authorizing the Bank to sell the commodity on behalf of the
                                                                                                        customer


                                                                                                     6. It involves the Banks in a new business without full practice

                                                                                          Page 33                                                                                     Page 34




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                           29 April 2008 IBFIM




            Commodity Murabahah & Tawarruq
                    Introduction                                                                    Commodity Murabahah & Tawarruq
                                                                                                            Introduction

           Tawarruq via the Banks
                                                                                                    1. Murabahah: Definition
             7. Banking Tawarruq is permissible subject to certain conditions:
                                                                                                        •   Sale of goods at cost plus mark-up on a deferred basis
                 i.   The commodity is existed
                 ii. The Bank has full ownership over the commodity with its rights and
                     liabilities                                                                    2. Commodity Murabahah

                 iii. The Bank acquires the commodity                                                   •   A sale of certain specified commodity, on a cost plus profit basis

                 iv. Upon the conclusion of sale with the customer, the customer has a full             •   Murabahah transaction is nested in Tawarruq concept
                     ownership over the commodity with it rights and liabilities                        •   Tawarruq – Purchase of commodity on deferred payment followed by
                 v. The customer has the right to keep or sell the commodity                                selling of the commodity to a 3rd party

                 vi. The customer is not allowed to sell the commodity back to the Bank




                                                                                          Page 35                                                                                Page 36




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                                                                                                                                                              29 April 2008 IBFIM




            Commodity Murabahah & Tawarruq
                    Introduction                                                                       Commodity Introduction liquidity management
                                                                                                        Islamic tools for
                                                                                                                  Murabahah
                                                                                                       Islamic Treasury Operation
             3. The users
                                                                                                                                   Bank A buys commodity from
                 •   Financial institutions providing Islamic services globally                                                      Broker A spot USD10 mil

                 •   Islamic Financial Institutions – full fledged Islamic banks and other
                     banks with Islamic banking windows                                                                                                       Bank A
                                                                                                                        Broker A
                                                                                                                                                              (excess)


             4. What is it used for?
                                                                                                                                                                            Bank A sells commodity to Bank
                                                                                                                                                                             B deferred USD10 mil + profit
                 •   To facilitate liquidity management and risk management in the
                     Islamic financial market

                                                                                                                       Broker B                               Bank B
                                                                                                                                                                (deficit)

                                                                                                                                    Bank B sells the commodity to
                                                                                                                                      Broker B spot USD10 mil




                                                                                             Page 37                                                                                                    Page 38




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                                                                                                                                                                                     29 April 2008 IBFIM




           Commodity Murabahah
            Islamic tools for liquidity management
                      Introduction                                                                                   The way forward: Commodity Murabahah House
                                                                                                                      Islamic tools for liquidity management
                                                                                                                                Introduction

           Interbank Placement                                                                                       (CMH)
                          Commodity                                Commodity                                                                                                  Broker A
                           Broker A                                 Broker B                                                                                                                            1

                                                                                                                                                                                                              CPO Producer A
                      1      Bank A                                                  Bank A sells the                        Islamic Bank A
                                                                                5
                           purchases                                                 commodities on
                          commodities                                                 behalf of BNM                                                                                                           CPO Producer B
                          from Broker                                                                                                                                     2

                                                  Bank A                                                                                  3
                                                                                                                                                                                                              CPO Producer C
                                                                                                                                                       Broker B
                                                                                                                                                                                CMH
                                                       3
                             2                                     4                                                                                                          (Trading &                      Commodity
                                  Bank A sells       BNM pays to          BNM           6      Bank A                        Islamic Bank B/                                   Clearing)
                                 commodities to       Bank A on         appoints             credits the                          Client                                                                      Payment
                                  BNM (at cost         deferred        Bank A as
                                                                                            proceeds to                                                                                                       (spot)
                                                                                                                                                           4
                                     plus)             basis (at       an Agent to              BNM                                                                                                           Payment
                                                       mark up           sell the           (placement)                                                                                                       (deferred)
                                                        price)         commodity
                                                                        (net off)
                                                                                                                        1.    CPO Producer sells commodity straight to Islamic Bank via Broker A
                                                                                                                        2.    CMH guarantees the performance of CPO Producer
                                                   BNM                                                                  3.    Islamic Bank A sells commodity to its clients or another Islamic Bank B
                                                                                                                        4.    The Client or Islamic Bank B appoints Islamic Bank A to sell commodity to CMH via
                                                                                                                              Broker B                                                                             Source: Bursa Malaysia



                                                                                                           Page 39                                                                                                                          Page 40




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                                                                                                                                                                 29 April 2008 IBFIM




            Exchange Traded Fund (ETF)
                     Introduction
                                                                                                     Exchange Introduction Fund (ETF)
                                                                                                               Traded
                                                                                                                            ETFs                          Stocks                       Unit Trust
             Definition:
                                                                                                     Nature                    Units that represent                Shares                 Units that represent
                                                                                                                            underlying basket of stocks                                underlying basket of stocks
             1. Simply understood as index fund which is traded like stock
                                                                                                     Traded on exchange                YES                          YES                           YES


                                                                                                     Redemption             Purchases and Sales of the    Purchases and Sales of the   Redemption with the fund
             2. An open-ended investment fund that tracks a particular index                                                  funds’ shares only take      shares take place in the
                                                                                                                              place in the secondary          secondary market
                                                                                                                                      market

                                                                                                     Diversification                   YES                           NO                           YES
             3. It combines the characteristics of a closed-end fund and that of a share, i.e
                it is structured as a unit trust fund with the units listed and traded on the        Price Transparency                YES                          YES                           NO

                exchange similar to shares                                                                                             YES                          YES                           NO
                                                                                                     Traded through
                                                                                                     broker
                                                                                                     Management fees                   <1%                            0                   1-2% for index fund
             4. However, it differs from share and unit trust fund in many ways
                                                                                                     Brokerage                        0.6%                          0.6%                           0

                                                                                                     Sales charge                       0                             0                          3-5%


                                                                                                     Cash settlement                   T+3                           T+3                        Upfront


                                                                                                                                                                                                    Source: Bursa Malaysia

                                                                                           Page 41                                                                                                                Page 42




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            Exchange Traded Fund (ETF)
                     Introduction                                                Exchange Traded Fund (ETF)
                                                                                          Introduction


             Main Parties in an ETF Structure
                                                                                 In-kind Creation and Redemption

             1. Fund Manager
                 •   Managers and administers the ETF                            1. In-kind Creation
                                                                                     •   Delivery of shares of underlying stocks in the ‘basket’ by Participating
                                                                                         Dealer (PD) in exchange for new ETF units
             2. Trustee
                                                                                     •   There is minimum creation size in terms of number of ETF units, or
                 •   Acts as custodian of ETF assets                                     creation unit block
                 •   Safeguards interests of unit holders                            •   Number of ETF units in circulation will increase


             3. Participating Dealer (PD) / Liquidity Provider
                 •   Facilitates in-kind creation and redemption
                 •   Provides trading liquidity for listed ETF units


                                                                       Page 43                                                                                  Page 44




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                             29 April 2008 IBFIM




            Exchange Traded Fund (ETF)
                     Introduction                                                                   Exchange Traded Fund (ETF)
                                                                                                             Introduction



            In-kind Creation and Redemption                                                         Benefits of Investing in an ETF


            2. Redemption                                                                           1. Convenience / Accessibility
                •   Delivery of ETF units by Participating Dealer (PD) in exchage for                   •   Multiple investments in a single transaction
                    shares of underlying stocks in the ‘basket’
                                                                                                        •   Immediate effective ownership in basket of securities
                •   There is a minimum redemption siza in terms of number of ETF units,
                    usually the same as creation unit block
                                                                                                    2. Risk Management / Diversification
                •   Number of ETF units in circulation will decrease
                                                                                                        •   Simultaneous exposure to basket of securities


                                                                                                    3. Transparency
                                                                                                        •   Constituent stocks, indicative NAV, unit price readily available



                                                                                          Page 45                                                                              Page 46




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                 29 April 2008 IBFIM




            Exchange Traded Fund (ETF)
                     Introduction                                                        Exchange Traded Fund (ETF)
                                                                                                  Introduction


            Benefits of Investing in an ETF                                              Risks of Investing in an ETF


            3. Tradability / Liquidity                                                   1. Market Risk
                •   Units traded anytime during trading hours of the exchage                 •   Performance of ETF or its underlying securities may be adversely
                                                                                                 affected by economic, political or other issues

            4. Low transaction cost
                                                                                         2. Tracking error
                •   Brokerage for single purchase/sale transaction
                                                                                             •   ETF performance may not closely track performance of underlying
                                                                                                 benchmark/index
            6. Low Expense Ratio
                •   Less frequent transactions
                •   Lower fee for passive management




                                                                               Page 47                                                                              Page 48




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                             29 April 2008 IBFIM




            Exchange Traded Fund (ETF)
                     Introduction                                                                    Exchange Traded Fund (ETF)
                                                                                                              Introduction


             Risks of Investing in an ETF                                                            ETFs in Malaysia


             3. Discount or Premium                                                                  1. 3 ETFs currently listed on Bursa Malaysia Securities
                 •   ETF unit price on the exchange may be at discount or premium to its                 •   2 Equity ETFs, 1 Bond ETF
                     NAV
                                                                                                         •   Most recent launch is MyETF Dow Jones Islamic Market Malaysia
                                                                                                             Titans 25 – 1st Syariah ETF listed in Asia & currently largest Syariah
                                                                                                             ETF in the world
             4. Manager skills
                 •   Manager may not manage in line with ETF objectives
                                                                                                     2. Challenges
                                                                                                         •   Investors’ understanding of products
                                                                                                         •   Performance expectations
                                                                                                         •   Competition from unit trust funds



                                                                                           Page 49                                                                                    Page 50




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                 29 April 2008 IBFIM




            Exchange Traded Fund (ETF)
                     Introduction
                                                                                   Exchange Introduction Fund (ETF)
                                                                                             Traded
             ETFs in Malaysia                                                      Global ETF Industry

                                                                                                         Number               Share               AUM (USD bn)                  Share
             3. Moving forward                                                     US                    601                  51.3%               580.7                         72.9%
                 •   Continuous investor education                                 Europe                423                  36.1%               128.4                         16.1%
                                                                                   Others                147                  12.6%               87.5                          11.0%
                 •   Additional participants (i.e. PDs, market makers)
                                                                                   Total                 1,171                100.0%              796.6                         100%
                                                                                   Growth rate           64%                                      41%

                                                                                                                                                          Source: Morgan Stanley Investment Strategies, Bloomberg




                                                                                   1.   Global average daily trading volume +143% in 2007 to USD 59.8 billion
                                                                                           •   S&P 500, the largest ETF at USD 99.2 billion, accounts for about 40% of average daily
                                                                                               volume
                                                                                   2.   ETF assets under management (AUM) forecast to exceed USD 2 trillion in 2011, implying CAGR
                                                                                        of almost 26% over next 4 years




                                                                         Page 51                                                                                                                         Page 52




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                         29 April 2008 IBFIM




                       Introduction                                                                          Introduction
             Islamic Exchange Traded Fund (ETF)                                                    Islamic Exchange Traded Fund (ETF)

             1. The first Islamic ETF may be that of Saudi NCB and Deutsche Bank                     iii. ETF securities can be traded if the assets they represent are tradable.
                launched in 2001 called Islamic Equity Builder                                            The fact that the market value of an ETF may be higher or lower than
                                                                                                          the NAV of the underlying asset creates no Syariah problem

             2. The ETF would be Syariah compatible if:
                 i.   The underlying asset is Syariah permissible. In the case of company            iv. ETF’s can be bought at cash or on deferred payment basis, except for
                      sharesthey have to be based on an Islamically acceptable index. The                gold and silver ETF’s where a deferred price sale will not be
                      purpose is to screen the sharesso as to select only the ones that                  acceptable
                      satisfy the Islamic equity criteria
                                                                                                     v. For this kind of ETF’s (gold and silver) it is further required that
                 ii. These shares must be held in a portfolio which is legally owned by the             redemption must be affected in kind if so demanded by the investor
                     investors




                                                                                         Page 53                                                                                Page 54




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                 29 April 2008 IBFIM




                       Introduction                                                                              Introduction
             Islamic Exchange Traded Fund (ETF)                                                        Islamic Exchange Traded Fund (ETF)
             Treatment of dividend                                                                     Issuer
                                                                                                       •   The Issuer is merely a manager or rather as an agent receiving fees

             1. One difference between ETF’s and mutual funds is the fact that dividend
                received from constituent companies is not reinvested as this deviate                  •   It is difficult for issuer to be Mudarib since definition of profit is not clear
                ETF’s from tracking the index.

                                                                                                       •   Issuer must not guarantee the performance of ETF’s, but may occasionally
             2. It remains nevertheless, that dividend is the entitlement of the investors. It             provide liquidity facility to smooth the periodically payments, redemption or
                should not be confiscated by the manager even as a management fees                         purchase of new assets


             3. In Islamic ETF’s dividend should periodically be distributed to ETF                    •   Fees can be fixed or based on formula based. In all cases must be known
                securities holders. Only actual dividend received should be distributed. If                or knowable.
                there is any interest earning in the dividend account it must be disposed off




                                                                                             Page 55                                                                                          Page 56




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                                                  29 April 2008 IBFIM




                       Introduction
                                                                                                          Key Takeaways…
                                                                                                                  Introduction
             Islamic Exchange Traded Fund (ETF)
                                                                                                          1. Investment climate has evolved from a very simple structure to a more
             Purification                                                                                    complex and problematic


             •   The Islamic equity investment criteria require purification of the portfolio             2. From Islamic perspective any investment can be Syariah compliant if all the
                 from impure income earned by constituent companies in the underlying                        requirements of Syariah are fulfilled
                 index

                                                                                                          3. Malaysia is distinct:
             •   It always recommended that such purification is done by the manager.
                                                                                                              •   Clear national strategy
                 However, this makes it difficult for the ETF’s to track the index. Many
                 Syariah boards have permitted that manager only inform investors of the                      •   Clear integrated regulatory and Syariah framework – Syariah
                 amount they need to dispose off to purify their investment.                                      harmonisation is reality
                                                                                                              •   Mandate for legal clarity – common law provides supportive legal
                                                                                                                  environment
                                                                                                              •   Deepening support infrastructure
                                                                                                              •   Defined means for global outreach

                                                                                                Page 57                                                                               Page 58




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                            29 April 2008 IBFIM




             Key Takeaways…
                     Introduction



             4. Scholars and bankers require more interactive dialogue on a deeper level


             5. “ Do not permit an error of opinion to be come a tradition for the community”



                                                                                                        Thank you




                                                                                           Page 59




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Risk Management and New Products Development in Islamic Finance
                                                                                                                         29 April 2008 IBFIM




                            Introduction                                  DerivativesIntroduction overview
                                                                                        - An

                                                                          What is derivatives?

               Hedging Mechanism for Islamic Capital                      1. A derivative security is a financial asset whose value is
                                                                             dependent on the value of underlying asset.
                    Market Products & service
                                                                          2. The underlying asset could be a basic financial asset
                                                                             such as commodity, currency, common stocks, bonds,
                                                                             index or the combination of such assets.
                                                    By
                                           ZAIRULNIZAD SHAHRIM            3. Common forms – Forwards, Futures, Options, Swaps
                                              29th April 2008                and also some exotics such as Swaptions
                                                                          4. Derivatives enable the avoidance of unnecessary risks



                                                                 Page 1                                                                  Page 2




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                                                                                                                                                    1
Risk Management and New Products Development in Islamic Finance
                                                                                                                                 29 April 2008 IBFIM




               DefinitionsIntroduction                                            DefinitionsIntroduction

               1.   Hedging – Reducing a firm’s exposure to price or              4.   Futures contract – A forward contract with the
                    rate fluctuations. Also known as immunization                      feature that gains and losses are realised each day
                                                                                       rather than only on the settlement date
               2.   Derivative – A financial asset that represents a claim
                    to another financial asset
                                                                                  5.   Option contract – A contract that gives the
                                                                                       buyer/owner the right to buy/sell some asset at a
               3.   Forward contract – A legally binding agreement
                                                                                       fixed price on or before a given date
                    between two parties calling for the sale of an
                    asset/product in the future at a price agreed upon
                    today




                                                                         Page 3                                                               Page 4




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                                                                                                                                                            2
Risk Management and New Products Development in Islamic Finance
                                                                                                                                   29 April 2008 IBFIM




               DefinitionsIntroduction                                               Benefits of Introduction
                                                                                                  derivatives
               6.   Strike price – The fixed price specified in an option            1. Hedging purposes
                    contract at which the holder/owner can buy/sell the                 • Risk management tool
                    underlying asset. Also known as the exercise price
                                                                                     2. Profit from both bull and bear markets
                                                                                     3. Leverage / Gearing
               7.   Swaps – Agreement to exchange two
                    securities/currencies/commodities Agreement to                      • The use of leverage will magnify the effect of a given
                    exchange two securities/currencies/commodities                        price change
                                                                                        • Small investment (premium) to own the right to purchase
                                                                                          stocks.
                                                                                        • The potential loss is capped at premium paid
                                                                                     4. Transaction cost savings e.g SSF


                                                                            Page 5                                                                  Page 6




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                                                                                                                                                              3
Risk Management and New Products Development in Islamic Finance
                                                                                                                                29 April 2008 IBFIM




              Risk management for Islamic instruments
                       Introduction                                               Risk management for Islamic instruments
                                                                                           Introduction



               1. Risk management is more critical in Islamic finance             Some of Islamic risk management tools are as follows:
                  simply because:                                                    1. Option in equities
                    • The nature of contracts                                            •   Generally acceptable based on ‘urbun’ however
                    • Real economic transaction                                              the trading part is still questionable by some
                                                                                             Shariah scholars
               2. It is important to ensure the risk management tools also
                  must be equally Shariah compliant                                  2. Profit rate swap

               3. Types of risk                                                          •   Permissible using murabahah transaction for both
                    • Market risk             • Rate of return risk                          fixed and floating mark-up
                    • Operational risk        • Equity investment risk               3. Forward sale
                                                                                         •   Permissible under the principle of salam.

                                                                         Page 7                                                              Page 8




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Risk Management and New Products Development in Islamic Finance
                                                                                                                                    29 April 2008 IBFIM




              Risk management for Islamic instruments
                       Introduction
                                                                                      Hedging Products
                                                                                               Introduction



               4. Short-sale                                                          Syariah Compliant Hedging Instruments:
                   • Using salam contract is permissible, however the
                     usage of salam to replicate short-sale function in an            1.   Futures contracts
                     Islamic hedge fund using both long and short sale is
                     disputable
                                                                                      2.   Forward contracts

               5. Futures contract                                                    3.   Swap Agreements
                   • Uncertainty is removed through standard contract
                     and clearing house to ensure delivery                            4.   Structured Products



                                                                             Page 9                                                              Page 10




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Full Risk management and new products developme

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  • 4. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Introduction New Product Development in Islamic finance Introduction 1. Market Updates / Statistics New Product Development in Islamic 2. Recent Development Finance 3. Contemporary issues 4. New Products Development in Islamic Finance 5. Commodity Murabahah By ZAIRULNIZAD SHAHRIM 6. Islamic Exchange Traded Fund (ETF) 24th Feb 2009 Page 1 Page 2 Copyright IBFIM @ 2008. All Rights Reserved
  • 5. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Market Updates & Statistics Market Updates & Statistics Introduction Introduction REVIEW OF INDUSTRY – SUKUK MARKET INDUSTRY STATISTICS (SUKUK VS CONVENTIONAL BONDS) of total PDS Sukuk Approved by SC 140.0 121.3 120.0 100.0 RM'bil 80.0 60.0 43.3 42.0 38.4 35.3 32.7 33.8 37.5 40.0 26.7 19.0 17.6 19.3 Source: SC’s ICM Quarterly Bulletin- January 2008 12.0 15.2 20.0 Sukuk captured 76% of the RM-PDS market in 2007 (55% in 2006) 0.0 2001 2002 2003 2004 2005 2006 2007 Sukuk in 2007 (RM121.3b) increased by 189% from 2006 (RM42.02b) Year 1 The Sukuk figure includes the approval of 7 combination issuances (conventional and sukuk) with a combined issue size of RM89.5 billion and 2 ABS amounting to RM3.4 billion Conventional Sukuk 2 The combination issuance of RM60 billion by Cagamas Berhad was not included for the purpose of this calculation due to uncertainty of the amount per multiple Syariah principles to be used. Page 3 Page 4 Copyright IBFIM @ 2008. All Rights Reserved
  • 6. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Market Updates & Statistics Market Updates & Statistics Introduction Introduction INDUSTRY STATISTICS (DOMESTIC VS GLOBAL) INDUSTRY STATISTICS (SUKUK VS CONVENTIONAL BONDS) DOMESTIC 140.0 121.3 120.0 100.0 80.0 189% R 'bil M 60.0 43.3 42.0 40.0 19.0 17.6 20.0 15.2 12.0 0.0 Source: Securities Commission 2001 2002 2003 2004 2005 2006 2007 Source: Securities Commission Page 5 Page 6 Copyright IBFIM @ 2008. All Rights Reserved
  • 7. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Market Updates & Statistics Market Updates & Statistics Introduction Introduction INDUSTRY STATISTICS (DOMESTIC VS GLOBAL) GLOBAL STATISTICS (SUKUK ISSUED BY COUNTRY) GLOBAL Full-Year 2007 60.0 47.8 50.0 40.0 76% U SD $'b il 27.2 30.0 20.0 12.0 5.7 7.2 10.0 0.8 1.0 0.0 2001 2002 2003 2004 2005 2006 2007 Source: IFIS Continuous growth in both domestic and global markets Source: Dealogic Database Page 7 Page 8 Copyright IBFIM @ 2008. All Rights Reserved
  • 8. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Market Updates & Statistics Market Updates & Statistics Introduction Introduction GLOBAL STATISTICS (SUKUK ISSUED BY COUNTRY) 2007- TYPES OF SUKUK CONTRACTS LOCAL – 58% Musyarakah Musyarakah 58% Pakistan Kuwait Qatar 1.7% 0.8% BBA Saudi Arabia 2.1% Bahrain 15.7% 0.5% Indonesia 0.3% United Arab Em irates 30.2% Malaysia 48.6% 2% Istisna' Malaysia captured the biggest 9% market share in 2007 at Ijarah Murabahah 11% Mudharabah 19% 48.6% 1% Source: Raw data compiled from IFIS and SC Page 9 Page 10 Copyright IBFIM @ 2008. All Rights Reserved
  • 9. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Market Updates & Statistics Market Updates & Statistics Introduction Introduction 2007- TYPES OF SUKUK CONTRACTS Global view of Islamic Finance GLOBAL – 46% Musyarakah 1. There are more than 267 Islamic financial institutions (IFIs) in the world with capitalization in excess of USD 13 billion. This includes banks, mutual Musyarakah funds, mortgage companies and takaful 46% Investment Sukuk 2. Syariah compliant financial products estimated to exceed USD 250 billion 7% with annual growth rate of 23.5% over the past 5 years Islamic Exchangeable Bond 3. The potential is huge. By 2020, there will be 2.5 billion of Muslim population 9% worldwide from the current 1.5 billion level Others Mudharabah 9% 10% 4. Islamic banks are expected to manage 40% to 50% of total savings of Ijarah Murabahah Muslim population in 8 to 10 years. Therefore, potential for Islamic services 17% 2% is estimated at USD 4 trillion by 2020. Source: Raw data compiled from IFIS and SC Source: IFIS Page 11 Page 12 Copyright IBFIM @ 2008. All Rights Reserved
  • 10. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Market Updates & Statistics Recent Development Introduction Introduction Islamic finance in ASIA Commitment Malaysia, S. Arabia, Business Bahrain, Dubai, innovation Kuwait, Qatar, UAE Market innovation Brunei, Indonesia, Singapore, South Competitor Africa, Morocco, matching Turkey Minimum Syiria, Lebanon, presence Germany, USA, Europe Monitor development China, India, HK, Japan, Korea, Indo- China Wait & see Exploratory Development Expansion Research Source: Internal research Page 13 Page 14 Copyright IBFIM @ 2008. All Rights Reserved
  • 11. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Recent Development Recent Development Introduction Introduction Malaysia International Islamic Financial Centre (MIFC) Malaysia International Islamic Financial Centre (MIFC) 1. 14 August 2006 marked the launch of a nationwide initiative to promote 3. It comprises a diversified range of financial institutions operating from Malaysia as an International Islamic Financial Centre - MIFC. The MIFC anywhere in Malaysia that offer Islamic financial products and services in any initiative is aimed at fortifying Malaysia’s position as a vibrant, innovative and currency to non-residents and residents. The objective of the MIFC is to competitive Islamic financial hub, with significant roles in: promote Malaysia as the centre for : Facilitating relationships between the international Islamic financial Origination, distribution as well as trading of Islamic treasury and capital markets; and market instruments Bridging and expanding investment and trade relations between the Islamic fund and wealth management services Middle Eastern, West Asian and North African regions with East Asia International currency Islamic financial services (including deposits and financing) 2. The MIFC initiative is specifically undertaken by the collective efforts of the Takaful and retakaful country's financial and market regulators, together with the participation of Islamic finance education, training, consultancy and research the industry representing the Islamic banking, takaful and capital market in Malaysia Page 15 Page 16 Copyright IBFIM @ 2008. All Rights Reserved
  • 12. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Recent Development Introduction Contemporary Issues Introduction International Currency Business Unit (ICBU) Infrastructural support 1. An International Currency Business Unit (ICBU) of a licensed institution, 1. Syariah namely Islamic bank, commercial bank and investment bank, is permitted to conduct a wide range of Islamic banking business under the Islamic Banking • Lack of standardisation in financial contracts and can be a source of Act 1983 (IBA) or Islamic banking business under Section 124 of the Banking ambiguity, dispute and higher cost and Financial Institutions Act 1989 (BAFIA) in international currencies other • Different Syariah interpretation than Malaysian ringgit 2. The income arising from the transactions of the ICBU is eligible for full tax 2. Legal exemption accorded under the Income Tax Act 1967 for ten years from the • International acceptance of Islamic financial contract requires them to year of assessment 2007 be acceptable to the Syariah as well as enforceable under Common Law and Civil Law Page 17 Page 18 Copyright IBFIM @ 2008. All Rights Reserved
  • 13. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Contemporary Issues Introduction Contemporary Issues Introduction Infrastructural support Image of Islamic products and services 3. Human talent 1. The credibility and sustainability of Islamic products as compared to conventional • Syariah experts that have adequate knowledge of banking and finance • Resemblance to the products and services offered by conventional • Finance specialist to have adequate knowledge of the applicable rules players and principles • Whether we can integrate standard and codes of good practice developed at national level into global practices • Acceptance of standard used in Sukuk issuance, rating decision and equity and project screening at international level Page 19 Page 20 Copyright IBFIM @ 2008. All Rights Reserved
  • 14. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Contemporary Issues Introduction Contemporary Issues Introduction Market liquidity Rating and statistical reporting 1. Market 1. Rating is done using conventional methodology • Short term liquidity management and asset liability management • Many Sukuk appear to have assets at their core, detailed analyzes of their commercial terms and legal structures shows that performance, • Financial risk management and hedging for issuer as well as investor for some is not governed by their assets, indeed, the credit risk is really that of the sponsor or originator - Moody’s 2. Products and services • No substantial distinction from traditional rating criteria – Fitch • There is a gaps between Syariah compliant products and conventional • No significant difference in the methods to rate conventional and Islamic debt securities. Has own Syariah board and will validate • Lack of hedging and derivatives products to be used as risk Syariah compliance structure – MARC management tools • No significant difference in methodology – Standard and Poor’s • Money market instruments to manage market liquidity and set benchmark rate of return • No significant difference in methodology - RAM 2. Different contractual relationships require different type of reporting Page 21 Page 22 Copyright IBFIM @ 2008. All Rights Reserved
  • 15. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM New Product Development in Islamic finance New Product Development in Islamic finance Introduction Introduction Preamble Issues 1. Width (increasing issuance of new products) and depth (introducing more derivatives) of product range is one of the essential components of an efficient 1. Too few products in the market market 2. Products are not competitive enough 2. Sell what the market want, and not what can be produced 3. Products are not compatible with the present infrastructure 3. Essential product characteristics: a. Risk tolerance (high, medium and low risk) 4. Products are not flexible enough b. Meeting the return expectation c. Meeting the liquidity expectation 5. Most currently available products are based on Uqud al-Muawadah (contract d. Meeting the unique needs (Syariah compliance and other needs) of exchange) rather than Uqud al-Isthirak (contract of participation) 4. Efficient market structure Page 23 Page 24 Copyright IBFIM @ 2008. All Rights Reserved
  • 16. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM New Product Development in Islamic finance New Product Development in Islamic finance Introduction Introduction Issues Product Development Process 6. All Islamic capital market products need to have endorsement from Syariah 1. It’s a dynamic management processes adviser – Attract additional cost and time consuming 2. Market research – Identify the market needs 7. Pricing mechanism – How do we price Islamic capital market products? 3. Analysis and product design 8. Products are not well understood 4. Pricing and profitability consideration 9. Islamic capital market products are not/less liquid – difficult to exit 5. Promotion – selling aspect of the product development Page 25 Page 26 Copyright IBFIM @ 2008. All Rights Reserved
  • 17. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM New Product Development in Islamic finance New Product Development in Islamic finance Introduction Introduction Five key elements Product Development - The way forward Return from Islamic instruments vs 1. Develop, enhance and coordinate Islamic finance / Islamic capital market conventional infrastructure products serv ture & Dev rketing 2. Interaction between Syariah and Finance Prod ent & ma ices elop struc uct m Infra ISLAMIC 3. Sound and establish regulatory framework INSTRUMENTS 4. A large and diverse number of companies, investors and intermediaries s Co tor & mpe fac te Pe tit g ntia nt in e rfo ive rm ne tify fer me an ss en if ru er 5. Strong support from the Government ce Id at d inst oth th ne r an o ve o Source: Failaka International Page 27 Page 28 Copyright IBFIM @ 2008. All Rights Reserved
  • 18. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Commodity Murabahah & Tawarruq Introduction Commodity Murabahah & Tawarruq Introduction 1. What is Tawarruq? 3. Is it permissible? 3 opinions: • Comes from the word al-wariq, meaning silver, because the one who buys the product is only buying for the sake of Dirham’s (originally, silver and coins) Opinion 1 • Majority of scholars say YES! Because Allah says (interpretation -” whereas Allah has permitted trading and prohibited riba”) 2. Tawarruq – In practice • Buying a commodity from a supplier on deferred payment basis, then the purchaser sells such commodity to a third party in cash • The purchaser is buying the commodity either to benefit from the commodity itself or to benefit from its price • This transaction involves three parties: a. The Trader (owner of the commodity) • Meets the needs of people for cash as compared to Qard Hassan. b. The purchaser (or the Mustawriq – the person who s engaging in this transaction of tawarruq to obtain cash) c. The second Purchaser ( who buys the said commodity from the Mustawriq) Page 29 Page 30 Copyright IBFIM @ 2008. All Rights Reserved
  • 19. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Commodity Murabahah & Tawarruq Introduction Commodity Murabahah & Tawarruq Introduction Opinion 2 Opinion 3 • Not permissible because: • Permissible subject to certain conditions: i. The aim is to take money for money and the commodity comes i. That the person be in need of money in between as a means of making the transaction permissible (hilah) ii. That he should not be able to obtain money in any other permissible manner ii. It leads to creation of huge debts in the Muslim society which is undesirable by Syariah and which cause instability in the economy iii. That he does not sell the purchased commodity to the same seller whom he bought it from for less price iv. There should not be any pre-arrangement or fictional device (hilah) in this transaction that might lead to riba Page 31 Page 32 Copyright IBFIM @ 2008. All Rights Reserved
  • 20. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Commodity Murabahah & Tawarruq Introduction Commodity Murabahah & Tawarruq Introduction Tawarruq via the Banks Tawarruq via the Banks 4. It involves an additional party (the Bank) so we have four parties: 1. Is the mode through which some Banks are facilitating the supply of cash to their clients i. The Trader (the original owner of the commodity and the first seller) ii. The Bank (the first Purchaser of the commodity and the second Seller of the said commodity) 2. It involves buying a commodity by the Bank (upon the request of the client) from a supplier, then selling the said commodity to the client on deferred iii. The Mustawriq, who is in need of cash (the second Purchaser of the payment basis, then the client resells such as commodity to a third party in Commodity and the third Seller) cash iv. The Third Purchaser (who buys the said commodity from the Mustawriq) 3. Is different than the original Tawarruq known to earlier scholars 5. It might involves authorizing the Bank to sell the commodity on behalf of the customer 6. It involves the Banks in a new business without full practice Page 33 Page 34 Copyright IBFIM @ 2008. All Rights Reserved
  • 21. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Commodity Murabahah & Tawarruq Introduction Commodity Murabahah & Tawarruq Introduction Tawarruq via the Banks 1. Murabahah: Definition 7. Banking Tawarruq is permissible subject to certain conditions: • Sale of goods at cost plus mark-up on a deferred basis i. The commodity is existed ii. The Bank has full ownership over the commodity with its rights and liabilities 2. Commodity Murabahah iii. The Bank acquires the commodity • A sale of certain specified commodity, on a cost plus profit basis iv. Upon the conclusion of sale with the customer, the customer has a full • Murabahah transaction is nested in Tawarruq concept ownership over the commodity with it rights and liabilities • Tawarruq – Purchase of commodity on deferred payment followed by v. The customer has the right to keep or sell the commodity selling of the commodity to a 3rd party vi. The customer is not allowed to sell the commodity back to the Bank Page 35 Page 36 Copyright IBFIM @ 2008. All Rights Reserved
  • 22. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Commodity Murabahah & Tawarruq Introduction Commodity Introduction liquidity management Islamic tools for Murabahah Islamic Treasury Operation 3. The users Bank A buys commodity from • Financial institutions providing Islamic services globally Broker A spot USD10 mil • Islamic Financial Institutions – full fledged Islamic banks and other banks with Islamic banking windows Bank A Broker A (excess) 4. What is it used for? Bank A sells commodity to Bank B deferred USD10 mil + profit • To facilitate liquidity management and risk management in the Islamic financial market Broker B Bank B (deficit) Bank B sells the commodity to Broker B spot USD10 mil Page 37 Page 38 Copyright IBFIM @ 2008. All Rights Reserved
  • 23. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Commodity Murabahah Islamic tools for liquidity management Introduction The way forward: Commodity Murabahah House Islamic tools for liquidity management Introduction Interbank Placement (CMH) Commodity Commodity Broker A Broker A Broker B 1 CPO Producer A 1 Bank A Bank A sells the Islamic Bank A 5 purchases commodities on commodities behalf of BNM CPO Producer B from Broker 2 Bank A 3 CPO Producer C Broker B CMH 3 2 4 (Trading & Commodity Bank A sells BNM pays to BNM 6 Bank A Islamic Bank B/ Clearing) commodities to Bank A on appoints credits the Client Payment BNM (at cost deferred Bank A as proceeds to (spot) 4 plus) basis (at an Agent to BNM Payment mark up sell the (placement) (deferred) price) commodity (net off) 1. CPO Producer sells commodity straight to Islamic Bank via Broker A 2. CMH guarantees the performance of CPO Producer BNM 3. Islamic Bank A sells commodity to its clients or another Islamic Bank B 4. The Client or Islamic Bank B appoints Islamic Bank A to sell commodity to CMH via Broker B Source: Bursa Malaysia Page 39 Page 40 Copyright IBFIM @ 2008. All Rights Reserved
  • 24. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Exchange Traded Fund (ETF) Introduction Exchange Introduction Fund (ETF) Traded ETFs Stocks Unit Trust Definition: Nature Units that represent Shares Units that represent underlying basket of stocks underlying basket of stocks 1. Simply understood as index fund which is traded like stock Traded on exchange YES YES YES Redemption Purchases and Sales of the Purchases and Sales of the Redemption with the fund 2. An open-ended investment fund that tracks a particular index funds’ shares only take shares take place in the place in the secondary secondary market market Diversification YES NO YES 3. It combines the characteristics of a closed-end fund and that of a share, i.e it is structured as a unit trust fund with the units listed and traded on the Price Transparency YES YES NO exchange similar to shares YES YES NO Traded through broker Management fees <1% 0 1-2% for index fund 4. However, it differs from share and unit trust fund in many ways Brokerage 0.6% 0.6% 0 Sales charge 0 0 3-5% Cash settlement T+3 T+3 Upfront Source: Bursa Malaysia Page 41 Page 42 Copyright IBFIM @ 2008. All Rights Reserved
  • 25. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Exchange Traded Fund (ETF) Introduction Exchange Traded Fund (ETF) Introduction Main Parties in an ETF Structure In-kind Creation and Redemption 1. Fund Manager • Managers and administers the ETF 1. In-kind Creation • Delivery of shares of underlying stocks in the ‘basket’ by Participating Dealer (PD) in exchange for new ETF units 2. Trustee • There is minimum creation size in terms of number of ETF units, or • Acts as custodian of ETF assets creation unit block • Safeguards interests of unit holders • Number of ETF units in circulation will increase 3. Participating Dealer (PD) / Liquidity Provider • Facilitates in-kind creation and redemption • Provides trading liquidity for listed ETF units Page 43 Page 44 Copyright IBFIM @ 2008. All Rights Reserved
  • 26. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Exchange Traded Fund (ETF) Introduction Exchange Traded Fund (ETF) Introduction In-kind Creation and Redemption Benefits of Investing in an ETF 2. Redemption 1. Convenience / Accessibility • Delivery of ETF units by Participating Dealer (PD) in exchage for • Multiple investments in a single transaction shares of underlying stocks in the ‘basket’ • Immediate effective ownership in basket of securities • There is a minimum redemption siza in terms of number of ETF units, usually the same as creation unit block 2. Risk Management / Diversification • Number of ETF units in circulation will decrease • Simultaneous exposure to basket of securities 3. Transparency • Constituent stocks, indicative NAV, unit price readily available Page 45 Page 46 Copyright IBFIM @ 2008. All Rights Reserved
  • 27. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Exchange Traded Fund (ETF) Introduction Exchange Traded Fund (ETF) Introduction Benefits of Investing in an ETF Risks of Investing in an ETF 3. Tradability / Liquidity 1. Market Risk • Units traded anytime during trading hours of the exchage • Performance of ETF or its underlying securities may be adversely affected by economic, political or other issues 4. Low transaction cost 2. Tracking error • Brokerage for single purchase/sale transaction • ETF performance may not closely track performance of underlying benchmark/index 6. Low Expense Ratio • Less frequent transactions • Lower fee for passive management Page 47 Page 48 Copyright IBFIM @ 2008. All Rights Reserved
  • 28. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Exchange Traded Fund (ETF) Introduction Exchange Traded Fund (ETF) Introduction Risks of Investing in an ETF ETFs in Malaysia 3. Discount or Premium 1. 3 ETFs currently listed on Bursa Malaysia Securities • ETF unit price on the exchange may be at discount or premium to its • 2 Equity ETFs, 1 Bond ETF NAV • Most recent launch is MyETF Dow Jones Islamic Market Malaysia Titans 25 – 1st Syariah ETF listed in Asia & currently largest Syariah ETF in the world 4. Manager skills • Manager may not manage in line with ETF objectives 2. Challenges • Investors’ understanding of products • Performance expectations • Competition from unit trust funds Page 49 Page 50 Copyright IBFIM @ 2008. All Rights Reserved
  • 29. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Exchange Traded Fund (ETF) Introduction Exchange Introduction Fund (ETF) Traded ETFs in Malaysia Global ETF Industry Number Share AUM (USD bn) Share 3. Moving forward US 601 51.3% 580.7 72.9% • Continuous investor education Europe 423 36.1% 128.4 16.1% Others 147 12.6% 87.5 11.0% • Additional participants (i.e. PDs, market makers) Total 1,171 100.0% 796.6 100% Growth rate 64% 41% Source: Morgan Stanley Investment Strategies, Bloomberg 1. Global average daily trading volume +143% in 2007 to USD 59.8 billion • S&P 500, the largest ETF at USD 99.2 billion, accounts for about 40% of average daily volume 2. ETF assets under management (AUM) forecast to exceed USD 2 trillion in 2011, implying CAGR of almost 26% over next 4 years Page 51 Page 52 Copyright IBFIM @ 2008. All Rights Reserved
  • 30. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Introduction Introduction Islamic Exchange Traded Fund (ETF) Islamic Exchange Traded Fund (ETF) 1. The first Islamic ETF may be that of Saudi NCB and Deutsche Bank iii. ETF securities can be traded if the assets they represent are tradable. launched in 2001 called Islamic Equity Builder The fact that the market value of an ETF may be higher or lower than the NAV of the underlying asset creates no Syariah problem 2. The ETF would be Syariah compatible if: i. The underlying asset is Syariah permissible. In the case of company iv. ETF’s can be bought at cash or on deferred payment basis, except for sharesthey have to be based on an Islamically acceptable index. The gold and silver ETF’s where a deferred price sale will not be purpose is to screen the sharesso as to select only the ones that acceptable satisfy the Islamic equity criteria v. For this kind of ETF’s (gold and silver) it is further required that ii. These shares must be held in a portfolio which is legally owned by the redemption must be affected in kind if so demanded by the investor investors Page 53 Page 54 Copyright IBFIM @ 2008. All Rights Reserved
  • 31. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Introduction Introduction Islamic Exchange Traded Fund (ETF) Islamic Exchange Traded Fund (ETF) Treatment of dividend Issuer • The Issuer is merely a manager or rather as an agent receiving fees 1. One difference between ETF’s and mutual funds is the fact that dividend received from constituent companies is not reinvested as this deviate • It is difficult for issuer to be Mudarib since definition of profit is not clear ETF’s from tracking the index. • Issuer must not guarantee the performance of ETF’s, but may occasionally 2. It remains nevertheless, that dividend is the entitlement of the investors. It provide liquidity facility to smooth the periodically payments, redemption or should not be confiscated by the manager even as a management fees purchase of new assets 3. In Islamic ETF’s dividend should periodically be distributed to ETF • Fees can be fixed or based on formula based. In all cases must be known securities holders. Only actual dividend received should be distributed. If or knowable. there is any interest earning in the dividend account it must be disposed off Page 55 Page 56 Copyright IBFIM @ 2008. All Rights Reserved
  • 32. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Introduction Key Takeaways… Introduction Islamic Exchange Traded Fund (ETF) 1. Investment climate has evolved from a very simple structure to a more Purification complex and problematic • The Islamic equity investment criteria require purification of the portfolio 2. From Islamic perspective any investment can be Syariah compliant if all the from impure income earned by constituent companies in the underlying requirements of Syariah are fulfilled index 3. Malaysia is distinct: • It always recommended that such purification is done by the manager. • Clear national strategy However, this makes it difficult for the ETF’s to track the index. Many Syariah boards have permitted that manager only inform investors of the • Clear integrated regulatory and Syariah framework – Syariah amount they need to dispose off to purify their investment. harmonisation is reality • Mandate for legal clarity – common law provides supportive legal environment • Deepening support infrastructure • Defined means for global outreach Page 57 Page 58 Copyright IBFIM @ 2008. All Rights Reserved
  • 33. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Key Takeaways… Introduction 4. Scholars and bankers require more interactive dialogue on a deeper level 5. “ Do not permit an error of opinion to be come a tradition for the community” Thank you Page 59 Copyright IBFIM @ 2008. All Rights Reserved
  • 34. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Introduction DerivativesIntroduction overview - An What is derivatives? Hedging Mechanism for Islamic Capital 1. A derivative security is a financial asset whose value is dependent on the value of underlying asset. Market Products & service 2. The underlying asset could be a basic financial asset such as commodity, currency, common stocks, bonds, index or the combination of such assets. By ZAIRULNIZAD SHAHRIM 3. Common forms – Forwards, Futures, Options, Swaps 29th April 2008 and also some exotics such as Swaptions 4. Derivatives enable the avoidance of unnecessary risks Page 1 Page 2 Copyright IBFIM @ 2008. All Rights Reserved 1
  • 35. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM DefinitionsIntroduction DefinitionsIntroduction 1. Hedging – Reducing a firm’s exposure to price or 4. Futures contract – A forward contract with the rate fluctuations. Also known as immunization feature that gains and losses are realised each day rather than only on the settlement date 2. Derivative – A financial asset that represents a claim to another financial asset 5. Option contract – A contract that gives the buyer/owner the right to buy/sell some asset at a 3. Forward contract – A legally binding agreement fixed price on or before a given date between two parties calling for the sale of an asset/product in the future at a price agreed upon today Page 3 Page 4 Copyright IBFIM @ 2008. All Rights Reserved 2
  • 36. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM DefinitionsIntroduction Benefits of Introduction derivatives 6. Strike price – The fixed price specified in an option 1. Hedging purposes contract at which the holder/owner can buy/sell the • Risk management tool underlying asset. Also known as the exercise price 2. Profit from both bull and bear markets 3. Leverage / Gearing 7. Swaps – Agreement to exchange two securities/currencies/commodities Agreement to • The use of leverage will magnify the effect of a given exchange two securities/currencies/commodities price change • Small investment (premium) to own the right to purchase stocks. • The potential loss is capped at premium paid 4. Transaction cost savings e.g SSF Page 5 Page 6 Copyright IBFIM @ 2008. All Rights Reserved 3
  • 37. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Risk management for Islamic instruments Introduction Risk management for Islamic instruments Introduction 1. Risk management is more critical in Islamic finance Some of Islamic risk management tools are as follows: simply because: 1. Option in equities • The nature of contracts • Generally acceptable based on ‘urbun’ however • Real economic transaction the trading part is still questionable by some Shariah scholars 2. It is important to ensure the risk management tools also must be equally Shariah compliant 2. Profit rate swap 3. Types of risk • Permissible using murabahah transaction for both • Market risk • Rate of return risk fixed and floating mark-up • Operational risk • Equity investment risk 3. Forward sale • Permissible under the principle of salam. Page 7 Page 8 Copyright IBFIM @ 2008. All Rights Reserved 4
  • 38. Risk Management and New Products Development in Islamic Finance 29 April 2008 IBFIM Risk management for Islamic instruments Introduction Hedging Products Introduction 4. Short-sale Syariah Compliant Hedging Instruments: • Using salam contract is permissible, however the usage of salam to replicate short-sale function in an 1. Futures contracts Islamic hedge fund using both long and short sale is disputable 2. Forward contracts 5. Futures contract 3. Swap Agreements • Uncertainty is removed through standard contract and clearing house to ensure delivery 4. Structured Products Page 9 Page 10 Copyright IBFIM @ 2008. All Rights Reserved 5