islamic investment funds
TRANSCRIPT
ISLAMIC BANKING
“FUUAST ISLAMABAD”
Group members:Saad Iftikhar Wani
Raja Kamran Gul.
Muhammad Ayub
Asif Miraj
Usman Ali
THE TERM "ISLAMIC INVESTMENT FUND" MEANS.
Islamic Investment Funds are joint pool of funds wherein the
investors contribute their surplus money for the purpose of its
investment to earn halal profits in strict conformity with the
principles of Islamic Shariah
Principles of Islamic Investment funds
Subscribers of funds receive a document may be
called a certificate, a unit, a share or any other name
representing the value and will earn pro rated profits
on it.
Management can share in the profits or can charge a
fee for their services on monthly or annual basis.
Principles of Islamic Investment funds
Returns are tied up with the actual profits earned or
losses suffered.
In case of loss caused by the negligence on the part of
management, compensation will be provided by the
management.
Funds raised must be invested in Shariah approved
businesses.
Funds being Operated in the Market
UBL Sharia stock fund
United Islamic income fund
HBL Islamic money market fund
HBL Islamic stock fund
Al- Meezan Mutual fund Ltd.
Askari Islamic asset allocation fund
…………………
Challenges Being Faced By Islamic Funds
Fund size is small.
Lack in strong legal and institutional framework.
Lack in supervisory framework.
Lack of knowledge and understanding of the Islamic Fund.
Lack in research and development in the field of Islamic
finance and economics.
Lack in HR development and training to the banks staff on
Islamic Banking system.
Doubts about instruments used
CONTEMPORARY SHARIAH
contemporary Shariah experts are almost unanimous
on the point that if all the transactions of a company
are in full conformity with Shariah,
NOT LAWFUL IN TERMS OF SHARIAH
If the main business of a company is not lawful in terms
of Shariah, it is not allowed for an Islamic Fund to
purchase, hold or sell its shares,
Conditions for investment in shares
Not involved in Manufacturing , Selling or offering Liquors,
Pork, Haram meat, gambling, night clubs, pornography.
Business should be Halal like automobile and Textile etc.
company's total short term and long term investment in non-
permissible business should not exceed 30% of the
company's total market capitalization.
EXACT PROPORTION OF ILLIQUID ASSETS OF A
COMPANY FOR WARRANTING THE NEGOTIABILITY
OF ITS SHARES
1. Some scholars are of the view that the ratio of illiquid assets must be
51% in the least.
2. Some other scholars are of the view that even if the illiquid asset of a
company is 33%, its shares can be treated as negotiable. The basis of
this view is a well-known Hadith that means "One third is big or
abundant" (Tirmizy).
Cont…
3. The third principle of the Hanafi School is that whenever an
asset is a combination of liquid and illiquid assets, this
principle is subject to two conditions:
1. The illiquid part of the combination must not be in
insignificant quantity. It means that it should be in a
considerable proportion.
2. The price of the combination should be more than the
value of the liquid amount contained therein.
MANAGEMENT OF EQUITY FUNDS
Management of the fund can be carried out in two ways;
Managers of fund may act as Mudarib.
To act as an agent for the subscribers and charge a pre
agreed fee for services,
BAI'-AL-DAIN
Dain means "debt" and Bai' means sale. Bai'-al-dain,
therefore, it means the sale of debt
Sale of debt is not allowed in Shariah, .e.g. discounting
of bills receivable or debts receivable.
Majority of Muslim jurists believe that bai-al-dain with
discount is not allowed in Shariah.
Any increase or decrease from one side is similar to 'riba'
and can never be allowed in Shariah.
However, Some of Malaysian scholars have allowed this
kind of sale.
ACCORDING TO FIQH ACADEMY OF JEDDAH
AND MALAYSIA
The Islamic Fiqh Academy of Jeddah, which is the largest
representative body of the Shariah scholars and has the
representation of all the Muslim countries, including
Malaysia, has approved the prohibition of bai-al-dain
unanimously without a single dissent.
MIXED FUND
A fund where the subscription amount is invested in different
types of investments, like equities, leasing, commodities, etc.
Certificates of units of funds are tradable in the secondary market
only if the tangible assets are more than 51% while the liquidity
and debts are less than 50%.
Otherwise it will be a closed end fund.
WAQF – INTRODUCTION
Waqf, in Arabic language, means hold, confinement or prohibition.
The word waqf is used in Islam in the meaning of holding certain property and preserving
it for the confined benefit of certain philanthropy and prohibiting any use or disposition of
it outside that specific objective.
In the history of Islam, the first religious waqf is the mosque of Quba’ in Madinah, a city 400
kilometer north of Makkah, which was built upon the arrival of the Prophet Muhammad in
622
DEFINITION OF WAQF
According to Waqf act 1954 sec 3(i):
“Waqf Means the permanent dedication by a person
professing islam of any movable and immovable
property for any purpose recognized by muslim law as
pious, religious or charitable.”
MANAGEMENT OF WAQF
The waqf manager is usually called “MUTAWALLI” and his\her
responsibility is to administer the waqf property to the best interest of
the beneficiaries.
The person who creates waqf is called Wqaif.
CONDITIONS OF WAQIF
Waqif may be male or female
Waqif must be sound mind.
Waqif must be the owner of the property.
Waqif must be the age of the maturity.
CONDITIONS OF MUTAWALLI
MUTAWALLI must be sound mind.
MUTAWALLI must be the age of the maturity.
MUTAWALLI must be a muslim
OWNERSHIP OF WAQF
From legal point of view, the ownership of waqf property lies outside the person who
created the waqf.
Some Muslim jurists argue that the right of ownership of waqf belongs to Allah.
Others believe that it belongs to the beneficiaries although their ownership is not complete
in the sense that they are not permitted to dispose of the property or use it in a way
different from what was decreed by the founder of waqf.
CHARACTERISTICS OF WAQF
perpetuity:
It means that once a property, often a real estate, is dedicated as waqf it remains waqf for ever.
Permanence of stipulations of waqf founder:
Since waqf is a voluntary act of benevolence, conditions specified by the founder must be fulfilled to
their letter as long as they do not contradict or violate any of the Shariah rulings.
LEGAL CONDITIONS OF WAQF
The property must be a real estate or a thing which has some meaning
of perpetuity.
The property should be given on a permanent basis. Some jurists approve
temporary waqf only in the case of family waqf.
The waqf founder should be legally fit and apt to take such an action,
The purpose of the waqf must, in the ultimate analysis be an act of
charity from both points of view of Sharicah and of the founder.
Finally, beneficiaries, person(s) or purpose(s), must be alive and
legitimate. Waqf on the dead is not permissible.
TYPES OF WAQF:
Waqf Zhurri
A type of WAQF in which a person designates oneself or some specified individuals as the
beneficiaries of the endowment's revenues or proceeds.
Waqf al-Sabil
A type of waqf which is established to serve the general public. Examples of waqf al-sabil
include construction of a masjid, school, hospital, residential building, etc.
Waqf al-Awaridh
A type of waqf in which the yield is held in reserve so that it can be used at times of emergency
or unexpected events that negatively influence the livelihood and well-being of a community
of people.
WAQF AHLI
A type of waqf (endowment) in which a person (waqf initiator) designates oneself or some
specified individuals as the beneficiaries of the endowment's revenues or proceeds.
Waqf khayri:
The proceeds of waqf are earmarked to charity and philanthropy. Examples of beneficiaries
include the poor and the needy.
INTRODUCTION
Bait-ul-mal is an Arabic term that is translated as "House of money"
or "House of Wealth.“
“Bait-ul-Mal” means the welfare fund .
The Bait-ul-Mal shall be administered by the Board.
HISTORY OF BAIT UL MAAL
Bait ul maal was developed as a financial institution in the Islamic states, this financial
institution used to administer the taxes.
The bait ul maal was established in the era of the Islamic caliphate.
It was formed as the royal reserves for sultans and caliphs; another purpose of bait ul
maal was to manage personal finances and the expenditures of the government.
Moreover, the bait ul maal was used to manage the distributions of zakat for the
public works.
HISTORY OF BAIT UL MAAL
During the reign of Hazrat Muhammad (SAW) a permanent bait ul maal
was not established
During the caliphate of Hazrat Abu Bakr bait ul maal was also not kept as
there was no prominent need for the reserves to be kept
Hazrat Umar established a permanent bait ul maal after consulting with
his companions
The Bait-ul-Mal shall be financed from the
following sources
Transfer of receipts from tax levied for this purpose.
grants from the Federal Government, Provincial
Governments, local authorities, national organizations and
international agencies.
voluntary donations, including sudqat and atiyyat by
individuals, societies, bodies, institutions or organizations.
The moneys in the Bait-ul-Mal shall be utilized
for the following purposes namely to provide financial assistance to destitute and needy widows, orphans,
invalid, infirm and other needy persons;
to provide residential accommodation and necessary facilities to the
persons specified.
to provide for free medical treatment for indigent sick persons and to set up
free hospitals, poor houses and rehabilitation centers and to give financial
aid to charitable institutions, including industrial homes and other
educational institutions established specially for poor and needy.
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to provide stipends to educated youth during their training before their
employment in jobs.
to provide stipends and financial assistance to brilliant but poor
students who cannot afford to acquire higher technical or medical
education abroad for lack of money
REALISTIC EVALUATION OF ISLAMIC BANKING IN PAKISTAN
Islamic banking has become today an undeniable reality.
The number of islamic banks and the financial institution is ever increasing in Pakistan.
New islamic banks with huge amount of capital are being established. Conventional banks
are opening Islamic windows or Islamic subsidiaries for the operation of islamaic banking.
It seems that the size of Islamic banking will be at least multiplied during the next decade
and the operation of islmic banks are expected to cover a large area of financial
transaction of Pakistan.
Cont……
Efforts to Islamize the economy of Pakistan started in the mid-60s. However a significant
attempt was made in the mid 80sto convert the banking system to an Islamic banking
system.
The Banking Companies Ordinance (BCO, 1962) was amended to accommodate non-
interest based transactions and the industry was given a specific timeline to convert to
the non-interest based system.
As at end of the year 2003 only one bank operated as a full-fledged Islamic bank
and three conventional banks were operating Islamic banking branches. Today there
are 6 full fledge licensed Islamic banks (IBs) and 12 conventional banks have licenses to
operate dedicated Islamic banking branches (IBBs).The total assets of the Islamic
banking industry are over PRs. 225 billion as of 30th June, 2008which accounts for a
market share of 4.5% of total banking industry assets.