NEWHORIZON Shawaal 1437 to Rabi Al Awwal 1438

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NEWHORIZON Shawaal 1437 to Rabi Al Awwal 1438 ISSUE NO. 195 July to December 2016 NEWHORIZON Shawaal 1437 to Rabi al awwal 1438. GLOBAL PERSPECTIVE ON ISLAMIC BANKING & INSURANCE PUBLISHED SINCE 1991 CONFERENCE REPORT: UKIFC & ISRA THEMATIC WORKSHOP ON CORPORATE GOVERNANCE UPDATE ON INDIA: THE OPERATION OF ISLAMIC BANKS STILL OPPOSED IN INDIA BUT FOR HOW LONG? ANALYSIS: COPRORATE GOVERNANCE AND ISLAMIC FINANCE COUNTRY FOCUS: THE CHALLENGES FACING ISLAMIC BANKING IN IRAN EMERGING MARKETS: OPPORTUNITIES FOR ISLAMIC BANKING IN MAURITIUS NEWHORIZON July – December 2016 CONTENTS Features 16 UKIFC & ISRA Thematic Workshop on Corporate Governance This one-day workshop provided an opportunity for scholars, practitioners Regulars and regulators to reflect on the issues of Shari’ah governance, regulations and personal ethics. The workshop also included the launch of the External 05 NEWS Shari’ah Audit Report, which canvassed the views and experiences of A round up of the important scholars, regulators and other stakeholders across four jurisdictions – Oman, stories from around the globe. Pakistan, Bahrain and Malaysia, on external Shari’ah audits. 24 The Operation of Islamic Banks Still Opposed in 13 SUKUK UPDATE Highlighting some of the key India but for How Long? developments in the sukuk This article is based on a debate that took place on India’s NDTV channel market. late in 2016. Ostensibly the debate was about the Indian Government’s decision to demonetise large bank notes. It fairly rapidly, however, became 15 TAKAFUL NEWS a debate about Islamic banking. The debate highlighted some of the This section is dedicated to misunderstandings about Islamic banking and also the strongly held views of news from the growing takaful some elements of the Indian community who are vehemently opposed to its industry. introduction. 45 ON THE MOVE 32 Corporate Governance and Islamic Finance This analysis of the issue of corporate governance and Islamic finance 46 TECHNOLOGY looks at the need for Islamic banks to comply with the legal and regulatory NEWS requirements of the jurisdictions in which they operate and the additional This occasional section requirement for them to achieve Shari’ah compliance. It highlights the highlights some of the latest fact that there are occasions when complying with the broader regulatory technology developments and framework impacts on a bank’s ability to be Shari’ah compliant. implementations in Islamic finance 36 The Challenges Facing Islamic Banking in Iran For nearly 40 years Iran has, as a result of various political issues, been somewhat isolated from the international community. Its economy and particularly its banking and financial system has followed its own rather unique development path, but with the easing of sanctions in 2016, it began to look as though Iran would return to the international business fold. This feature looks at how the Iranian banking and financial system has developed; the problems it still faces and the prospects for the future. 41 Opportunities for Islamic Banking in Mauritius Didier Debellaire has a background working in Islamic finance in Mauritius. As part of hi s MBA dissertation he took a look at the development of Islamic finance in Mauritius and the prospects for the stronger growth of Mauritius as an Islamic finance hub Cover image – The Qutub Minar Tower, Delhi, India www.islamic-banking.com IIBI 3 EDITORIAL NEWHORIZON Shawaal 1437 to Rabi al awwal 1438 Executive Editor’s Note Deal not unjustly, and It is often tempting to view the Islamic finance industry as a now ye shall not be dealt established part of the worldwide financial landscape. It has with unjustly. standards setting bodies – AAOIFI (Accounting and Auditing Organisation for Islamic Finance Institutions) based in Bahrain and Surat Al Baqara, Holy Quran IFSB (Islamic Financial Services Board) based in Kuala Lumpur; it takes account of the need to maintain uniform Shari’ah compliance standards as well as international regulatory standards such as Basel EXECUTIVE EDITOR III; in addition to engaging with Islamic financial institutions and Mohammad Ali Qayyum, Shari’ah scholars it also engages with legislators and regulators and strives to improve Director General, IIBI and enhance the performance and increase the transparency of financial institutions EDITOR offering Shari’ah-compliant products and services. Yet, the industry is still viewed Andrea Wharton with extreme suspicion in some parts of the world and is prevented from offering its products and services to those who would clearly benefit from them. It is evident IIBI EDITOR that there is still work to be done before Islamic finance can claim to be a truly global Farida Rahman industry. IIBI EDITORIAL ADVISORY PANEL This dichotomy is amply illustrated in this issue of NewHorizon. On the one hand Iqbal Khan we report on the workshop that took place in London in late 2016 where scholars, M Iqbal Asaria Mohammed Amin practitioners and other stakeholders in the Islamic finance industry debated the Stella Cox issue of whether the current Shari’ah governance model is fit for purpose. The Richard T de Belder Ajmal Bhatty discussion was wide ranging covering topics such as whether Shari’ah scholars should Mufti Abdul Qadir Barkatullah be paid for their work; the case for a professional body with a code of conduct; the Dr Imran Ashraf Usmani need to ensure scholars are independent and not unduly influenced by the financial institutions that employ them and the positive role that openness and transparency PUBLISHED BY Institute Of Islamic Banking and can play. The debate reflected a mature industry that has the confidence to examine Insurance (IIBI) its own practices and where necessary reform them in order to enhance its reputation 7 Hampstead Gate 1A Frognal and instil trust among those who choose to engage with it. London NW3 6AL United Kingdom Tel: +44 (0) 207 433 0840 At the opposite end of the spectrum was the panel discussion aired on Fax: +44 (0) 207 433 0849 Indian television, which became distinctly heated and reflected some of the Email: [email protected] misapprehensions and indeed also misconceptions about Islamic finance that still persist in parts of the world. Most worrying was the belief expressed that Islamic ADVERTSING & SUBSCRIPTION Contact: banking was a sort of back door approach to achieving religious conversions. When even the Vatican’s own newspaper, Osservatore Romano, commented in 2009, ‘The Tel: +44 (0) 207 433 0840 Fax: +44 (0) 207 433 0849 ethical principles on which Islamic finance is based may bring banks closer to their Email: [email protected] clients and to the true spirit which should mark every financial service’ it is almost beyond understanding that such attitudes still exist. Design Services: So how does the Islamic finance industry address these sincerely held, if irrational, CxO Research Ltd Tel: + 0203 143 3021 beliefs? The answer has to be with great patience and understanding; by Email: [email protected] demonstrating its determination to nurture an ethical industry model that is open and www.cxoresearch.com transparent and by showing through its achievements its power to bring benefits to all communities irrespective of race or religion. ©Institute of Islamic Banking Mohammad Ali Qayyum and Insurance Director General IIBI ISSN 0955-095X This magazine is published to provide information on developments in Islamic finance, and not to provide professional advice.The views expressed in the articles are those of the authors alone and should not be attributed to the organisations they are associated with or their management. Any errors and omissions are the sole responsibility of the authors. The Publishers, Editors and Contributors accept no responsibility to any person who acts, or refrains from acting, based upon any material published in the magazine. The Editorial Advisory Panel exists to provide general advice to the editors regarding matters that may be of interest to readers. All decisions regarding the published content of the magazine are the sole responsibility of the Editors, and the Editorial Advisory Panel accepts no responsibility for the content. 4 IIBI www.islamic-banking.com NEWHORIZON July – December 2016 NEWS Emirates Islamic Reveals Survey Findings The UAE’s Emirates Islamic Bank among both Muslim (41% versus 33% in also highlights the key challenges has revealed the results of its second 2015) and non-Muslim consumers (42% for Islamic banks. For a second Islamic Banking Index by Emirates versus 40% in 2015). consecutive year, Islamic banks Islamic™. The survey focussing on lag behind conventional banks in consumer behaviour and attitudes Knowledge has also improved with 62% of technology, innovation and customer to Islamic banking in the UAE was banking consumers in the Emirates being service. launched in 2015. The index provides aware of at least one Shari’ah-compliant an annual benchmark of shifts in the banking product, a rise on the previous ‘The message to Islamic banks is ‘penetration’, ‘perception’, ‘knowledge’ year’s findings (59%). For a second year, very clear; we have to put customer and ‘intention’ of UAE consumers the best-known products remain takaful service and technological innovations when it comes to Shari’ah-compliant and murabahah, with 40% and 31% of at the heart of our growth strategies banking. This year’s results show respondents familiar with their use. and at the same time provide a value a positive increase in each of the proposition to our customers. It four segments, indicating that public The percentage of consumers willing is now up to us to seize the market acceptance, awareness and demand to consider Shari’ah-compliant banking opportunity and stay focused on for Islamic banking in the UAE are products has risen 4% to 79%. Notably ongoing improvements in our increasing. there is a sizable increase in the number of product and service proposition. non-Muslim consumers willing to consider The survey shows that penetration subscribing to an Islamic banking product, ‘Emirates Islamic has already made is increasing with 51% of the UAE’s from 59% in 2015 to 68% in 2016.
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