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Contracts and Deals in Islamic Finance

Contracts and Deals in Islamic Finance A User s Guide to Cash Flows, Balance Sheets, and Capital Structures

  • Author:
  • Publisher: John Wiley & Sons
  • ISBN: 9781119020561
  • Published In: March 2015
  • Format: Hardback , 300 pages
  • Jurisdiction: International ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 600.00

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    A very accessible and concise guide to Islamic finance

    Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners. The embedded requirements within selected Islamic financial contracts, such as risk weightage, capital structures, creations of cash flows, and balance sheets, are explained fully to provide a solid understanding of the backbone of the industry. Aimed primarily at beginners and those with a background in conventional banking, this book guides readers through the major contracts, how they're applied, and how to discern a contract's legitimacy. Case studies and interviews with bankers and global regulators provide real-life examples of contract application, and the author's own experiences provide deep insight into the everyday issues that arise. Ancillary instructor's materials include PowerPoint slides and lecture notes that facilitate use in the classroom.

    Literature describing the application of Islamic financial contracts is few and far between, and those providing a basic breakdown of these contracts and questioning their validity are rarer still. This book is the first of its kind, offering a basic approach to understanding Islamic contracts, designed for the true beginner.

    • Understand the current contracts applied in Islamic banking
    • Learn how contracts are applied across different jurisdictions
    • Identify illegitimate contracts and those not in the spirit of Shariah law
    • Examine the current economic realities surrounding Islamic finance

    By highlighting the underlying themes in Islamic finance and assessing the current practices, this book gives readers the solid understanding and up-to-date perspective that form a solid foundation upon which successful Islamic finance is practiced. For a solid introduction to the Islamic finance industry, Contracts and Deals in Islamic Finance is an accessible, practical guide.

  • Foreword xv

    Preface xvii

    Acknowledgments xxi

    Product Offerings xxiii

    Introduction 1

    CHAPTER 1 The Islamic Finance Space 5

    Modern Phase of Islamic Finance 8

    CHAPTER 2 Bai al Inah 13

    Definitions of Bai al Inah 13

    Bai al Inah Process Flow 15

    Legal Issues with Bai al Inah 17

    Bai al Inah as a Financial Product 19

    Transfer of Ownership 20

    Documentation Involved 21

    Resolutions on Bai al Inah 21

    Conclusion 22

    CHAPTER 3 Murabahah, Bai Mu’ajjal, and Bai Bithman Ajil 23

    Murabahah Sale/Credit Sale/Credit 25

    Enhancements to Murabahah 26

    Murabahah Working Capital 28

    Credit-Based Sale/Markup or Riba 28

    Bonafide Murabahah/True Sale 29

    Trading House Model 31

    Financial Services Division of a Manufacturer or Retailer 32

    Bai Bithman Ajil 32

    BBA with Inah 32

    Conclusion 34

    CHAPTER 4 Tawarruq 35

    Issue of Price Fixing 37

    Transfer of Title 38

    Payment of Sales Tax 39

    Applications of Tawarruq in Banking Products 40

    Real Economic Activity 43

    Conclusion 44

    CHAPTER 5 Deferred Payment Sale or Credit Sale 45

    Accounting Entries for Murabahah by Purchase Orderer 47

    Accounting Entries for a Bai al Inah Contract 48

    Pricing of Deferred Sales under Murabahah, BBA, Inah, and Tawarruq 49

    Risk Treatment of Deferred Payment Sales 53

    Fixed Income Portfolio 57

    Conclusion 58

    CHAPTER 6 Bai Al Wafa 59

    Financial Assets as Subject of Sale 60

    Bai Al Wafa and Sale of Equities 60

    Bai Al Wafa and Sale of Sukuk 60

    Conclusion 61

    CHAPTER 7 Salaam and Istisna: Deferred Delivery Sale 63

    Salaam 63

    Istisna 68

    Conclusion 70

    CHAPTER 8 Bai al Sarf 75

    Basic Rulings on Bai al Sarf 75

    Conclusion 77

    CHAPTER 9 Bai al Dayn 79

    Purchase Price, Rental Payments, Receivables, and Debt 80

    Rental Payments Due in an Ijara Contract 81

    Financial Products 81

    Sale of Equity 82

    Conclusion 83

    CHAPTER 10 Bai al Urbun 85

    Conclusion 89

    CHAPTER 11 Ijarah and Its Variants 91

    Normal Ijarah 92

    Accounting Entries for Ijarah Contract 93

    Ijarah Muntahiya Bi Tamleek 95

    Al Ijarah Thumma al Bai (AITAB) 95

    Sale and Leaseback 96

    Conclusion 97

    CHAPTER 12 Wadiah 99

    Forms of Wadiah 100

    Enhancements to Wadiah 100

    Money Creation 104

    Conclusion 108

    CHAPTER 13 Qard 111

    Applications of the Contract of Qard 112

    Qard as a Deposit Instrument 113

    Recording of Qard 113

    Conclusion 114

    CHAPTER 14 Mudharabah 115

    Simple Application of Mudharabah 117

    Perpetual Mudharabah 118

    Re-Mudharabah 118

    Restricted Mudharabah and Unrestricted Mudharabah 118

    Mudharabah as a Deposit 120

    Mudharabah as a Fund 121

    Interbank Mudharabah Placements 122

    Indicative Rate of Return 122

    Profit Sharing Ratio 123

    Importance of Disclosure and Accounting Treatments 123

    Mudharabah as an Asset Product 124

    Accounting Treatment of Mudharabah Transactions 126

    Conclusion 126

    CHAPTER 15 Musharakah 129

    Musharakah and Banking 130

    Mushrakah as Asset Product 132

    Pooling of Assets in Mushrakah 132

    Mushrakah Mutanaqisah 133

    Conclusion 138

    CHAPTER 16 Hibah 139

    Forms of Hibah 139

    Restrictions on Hibah 140

    Applications of Hibah in Banking 140

    Enhancements to Hibah 142

    Conclusion 143

    CHAPTER 17 Kafalah 145

    Who Can Be a Guarantor? 147

    Products Based on Kafalah 148

    Back-to-Back Guarantees 148

    Conclusion 149

    CHAPTER 18 Wakalah, Hawalah, Ibra, and Rahn 151

    Wakalah 151

    Hawalah 153

    Ibra 156

    Rahn 159

    Conclusion 161

    CHAPTER 19 Shariah: Sources, Interpretation, and Implementation 163

    Modern-Day Ijtihad 165

    Whose Shariah Is It, Anyway? 167

    Conclusion 171

    CHAPTER 20 Islamic Asset Management and Shariah Screening 173

    Capital Markets 177

    IPO Stage 177

    Market Integrity 180

    Market Regulation 183

    Valuations 187

    Zero Sum Game 188

    The Role of Capital Markets in the Sphere of Islamic Finance 189

    Farmer Sukuk or Equity Notes 189

    Conclusion 190

    CHAPTER 21 Pricing, Income Distribution, and Risk Sharing in Islamic Banks 191

    Pricing of Islamic Financial Products 191

    Price versus Shariah 194

    Benchmark for Pricing 195

    Criticism on Pricing Models 195

    Profit Equalization Reserve 196

    Income Distribution 199

    Risk Sharing in Islamic Banks 208

    Conclusion 208

    CHAPTER 22 Sukuk and Rights of Sukuk Holders 209

    Rights of Lenders in Debt Financing 210

    Rights of Equity Holders 212

    Rights of Bondholders 214

    Use of Subsidiary Companies and Special-Purpose Vehicles 216

    How Sukuk Financing Could Work? 221

    Sale and Leaseback 223

    The Role of the SPV 227

    Other Sukuk Structures 228

    Istisna Sukuk 228

    Simple Sukuk 229

    Conclusion 233

    CHAPTER 23 Risk Management for Islamic Banks 235

    Credit Risk 235

    Market Risk 257

    Liquidity Risk 269

    Profit-Sharing Investment Account 269

    Conclusion 273

    References 273

    CHAPTER 24 Asset/Liability Management for Islamic Banks 275

    Gap Limit 279

    Spot Rates and Forward Rates 279

    Funding Scenarios 281

    Short-Term and Long-Term Rates 281

    Time Value of Money 288

    Conclusion 290

    CHAPTER 25 Takaful 291

    Contract of Agency 291

    Shariah Issues with Insurance 292

    Contract of Tabarru 293

    Product Menu 295

    General Takaful Business Model 300

    Concepts Related to Takaful 300

    The Rights of the Fund over the Participant and the Rights of the Participant over the Fund 302

    Pricing General Takaful Plans 304

    Observations of General Takaful 310

    Family Takaful 311

    Basic Accounting Entries for Takaful 314

    Takaful Operator Models 315

    Distribution of Underwriting Surplus 316

    Conclusion 317

    CHAPTER 26 Pricing of Takaful Policies and Retakaful 319

    Case Study 1: Corporate Medical Takaful Plan under General Takaful 319

    Case Study 2: Corporate Medical Takaful Plan under General Takaful 322

    Case Study 3: Corporate Family Takaful Plan 323

    Detailed Mortality Table for Life Takaful 325

    Mortality Tables and Probability Calculations 327

    Risk Profiling 331

    Conclusion 336

    Afterword 337

    About the Authors 341

    Bibliography 343

    Index 347

  • HUSSAIN KURESHI has extensive experience in consumer banking, credit risk management, loan origination, and monitoring for SME and commercial clients. He has a successful banking career that spans over 15 years and specializing in banking operations and management with international organizations.

    MOHSIN HAYAT has over 20 years of institutional and international capital market experience. Simultaneously as an entrepreneur and investor, he has specialized in creating strategic alliances in over 45 countries and building businesses in New York, Hong Kong and across Asia-Pacific. His success is driven by a keen interest in combining business knowledge and investment management fundamentals.

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