TheHalalJournal

Islamic Financial System in Malaysia

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The Islamic financial system in Malaysia has witnessed a tremendous growth in terms of demand, acceptance and development since it was first introduced in 1963. It started from a modest beginning with the establishment of the Malaysian Pilgrims Fund Board (Tabung Haji), to the setting up of the country’s first Islamic bank, Bank Islam Malaysia Berhad (BIMB).

Since then, BIMB has become the core component of the country’s Islamic financial system. With its initial objective confine to developing a viable and modern alternative to meet the financial needs of Malaysians, the Malaysian model of Islamic banking today is one of the most advanced Islamic banking systems in the world.

The ultimate objective of the Malaysian model of an Islamic financial system is to operate in parallel with the conventional financial system in the country. In order to achieve this goal, the Malaysian Islamic financial system should be able to present itself as a viable alternative to the more established conventional system.

Specific legal framework and financial instruments are pre-requisite to the Islamic financial system. Initially, an Islamic Banking Act was enacted to cater for this system. As the system continues to develop and new components within the system were introduced, legal rules such as Takaful Act as well as rules governing the Islamic Inter-bank Money Market were then issued.

In harmonizing differences in opinions, the National Syariah advisory Council, being the highest authority to decide on Syariah issues pertaining to Islamic Financial system, was set up in 1997.

In a move to prepare the domestic financial system to meet future challenges, BNM has formulated the Financial Sector Master Plan (FSMP), a comprehensive ten-year strategy evolve a competitive, dynamic and resilient financial system that withstands the challenges brought about by globalisation and liberalization of the financial markets. The Islamic banking and takaful sector is recognized as being one of the major potential growth sectors addressed in the FMSP.

The Malaysian experience of Islamic banking has had a tremendous impact on neighbouring countries. Indonesia established its first Islamic bank in 1992, followed by Brunei Darussalam in 1993. Thailand has also announced the creation of its first Islamic bank to be set up soon and many more are expected to come.

The Malaysian experiment is fascinating and rich, illustrating the effectiveness of a pragmatic approach to solving the chronic problems of Islamic banking. Such experiments need be supported, encouraged and guided by all parties especially the Muslims.

Receptive of the advanced needs and banking requirements of the public, Bank Islam has developed the world’s first Total Islamic Banking Solution, which serves as the platform for Bank Islam’s fully computerised banking system.

Bank Islam has spent more than RM 100 million to carry out this computer upgrading exercise, which includes putting together both hardware and software for systems and applications as well as a communications networks and support services that will cater specifically for Islamic banking operations.

Apart from being the world’s Islamic banking pioneer in using chip technology in its ATM cards, Bank Islam has also introduced several e-banking services, namely corporate desktop banking (e-Banker) MEPS Inter-bank Giro and several other electronic banking delivery channels at its established Electronic banking Centres, and the latest one, Internet Banking Services.

The current innovations in services, as well as others in the pipeline, will continue to be one of the main focus areas in the years to come.

A Short Dictionary of Islamic Economies Terms

Ata: Simple refers to a donation or a grant.

Awqaf: This is plural of the word Waqf (see below). It refers to property that has been transferred to a charity or a trust on a voluntary and permanent basis. The purpose is so that its usufruct may benefit other people.

Fiqh: This refers to Muslim jurisprudence. In addition to issues like the five pillars of Islam, it covers family law, inheritance and commerce, to name just a few areas. Fiqh is based primarily on Quran and Sunnah.

Gharar: this means the uncertainty and ambiguity in transaction which comes from events whose outcome is subject to chance and as a result is unknown to the parties of a transaction at the time of the contract.

Gharim: A person who is in debt and cannot pay the debt from his wealth.

Halal: That which is allowed according to Islamic law.

Haram: That which is against Islamic law.

Hima: This refers to a public land which is reserved for the use of a person or a group, excluding other members of society.

Al-Hisbah: This is a system of state inspection to ensure fair practices in markets. The term is also used in a more general sense to include checking minor crimes on streets.

Ijarah: This is a contract involving hiring or leasing through which the services of a person or a legal entity or organization is rented out or leased against a mutually agreed-upon fee (the rent or leasing fee). This contract is somewhat like a leasing and instalment loan, or a hire-purchase agreement. It can eventually lead to be ownership of buildings.

Iktinaz: This refers to hoarding wealth without fulfilling one’s legal obligations on it.

Infaq: This refers to spending in Allah’s way, especially in assist the poor and needy.

Irtifaq: This means giving concessions that relate to real estate (i.e. giving the right to place a beam on a neighbor’s wall).

Joaalah: This is an agreement which involves hiring optional services. For instance, if someone offers a prize or compensation to any person who performs a given service, such as a father offering a prize for finding his missing son or indicating where he is. In this contract, the person who does the designated job becomes entitled to receive the promised compensation.

Kharaj: This is tax on land

Khums: This refers to a levy of 20 percent which is imposed on some kinds of wealth (i.e. mines and wealth buried in land that has no owner).

Manihah: This is a productive asset given to a needy person for a certain period or time. The person uses it freely and enjoys its usufruct.

Maun: This means lending items of ordinary use (i.e. domestic utensils) free of cost.

Mudarabah (also called Qirad): This is a profit and loss sharing contract. In it, one party provides capital and the other manages the enterprise. If there is loss, the provider of capital bears the financial loss while the worker loses his labor. If there is profit, both parties share it in proportions agreed upon at the time of the contract.

Muhaqalah: This refers to the sale of wheat while it is still growing. It also refers to the sale of unharvested crop. This kind of sale contract is not allowed in Islam.

Mukhabarah: This is a share-cropping contract whereby the land owner reserves the crop of a certain area for himself. The share-cropping contract of this nature is not permitted in Islam.

Murabaha: One of the most controversial types of transaction, it is a contract of sale in which payment is made some time after delivery of the goods transacted. Used as the basis of modern Islamic banking since the amount charged for deferred payment is in excess of the current market price.

Musharakah: This simply refers to a partnership. This is like a joint-venture agreement which stipulates the conditions of a partnership. For this joint-venture to be in line with Islamic law, both parties must participate in profits and losses, not just in profits. This technique can be used for short-term financing.

Muzara’ah: This is a contract involving share-cropping.

Nisab: This refers to the minimum amount of property liable to Zakat payment.

Qard Hasan: This literally means a goodly loan. In Islamic economics, it refers to a loan without any return.

Riba: This means interest. More specifically, it refers to any pre-agreed excess paid or received over and above the principal in a loan contract.

Riba Nasia: This refers to interest in debt. Nasia means a delay given to the debtor. You will find this kind of riba in all credit transactions in which a loan is advanced to a person on a payment of interest over and above the principal for the time of the debt.

Riba al-Fadl: This refers to interest in barter. This indicates the excess charged in the exchange of commodities of the same kind (for instance, wheat for wheat, barley for barley, etc.). barter transactions were common during Prophet Muhammad (peace and blessings be upon him)’s time, and he did not restrict the application of Riba only to the credit transaction of cash, but to all types of barter.

Sadaqah: This means anything which is given or help offered to others to seek Allah’s Pleasure. It also refers to a good act. If it involves spending income, this must have been earned in an Islamically permissible way.

Sadaqah al-Fitr: This is an Islamic levy paid in the month of Ramadan.

Takaful: This is a scheme of mutual support which offers insurance to people against the dangers of falling into unexpected and dire need.

Ushr: This refers to the ten percent (in some cases five percent) of agricultural produce payable by a Muslim as a part of his religious obligation, like Zakat (see below) mainly for the benefit of the poor and the needy.

Waqf: This means assets which have been entrusted to an individual or an organization for a specified charitable purpose.

Wasiyyah: This is the Arabic word for a will. Under Islamic law, a person cannot bequeath over one-third of his total inheritance, nor can he make a bequest in favour of any of his heirs in addition to his or her share which is fixed by Islamic law.

Zakat: This refers to a compulsory levy on each Muslim who has wealth which is equal to or more than a minimum called Nisab (see above). It is one of the five pillars of Islam. There are eight categories of those who receive Zakah, including the poor and needy.

**This article was first published in The Halal Journal Pilot Issue (August 2004).

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