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Saturday, 11 February 2012

Saudi Arabia gaining more clout in Islamic finance


As Islamic finance/banking industry is growing at a sky rocketing growth rate of 12 percent - 15 percent per annum, Kuala Lumpur, Dubai, Bahrain and London are chomping at the bit to become the center of the industry, which currently boasts some $1 trillion in assets.
For the moment, Dubai holds the title of Islamic banking hub - but it could soon lose ground, both to traditional competitors like Bahrain, Kuala Lumpur or London or newcomers on the scene like Singapore.
But the country that really laid the foundation and basic infrastructure of Islamic Finance and paid billions of dollars by establishing the prestigious institutes like IDB, ICD and ITFC etc. and spending billions of dollars over last several decades and deserves to be global hub of Islamic finance and banking is Saudi Arabia.
Saudi Arabia, the Gulf's largest economy and a G20 country, is the strongest and well-deserved contender for the title and has an edge. Its financial clout and the development of the King Abdullah Economic City strengthens the case.
"The only impediment is that it may not be the easiest place to obtain banking licenses especially now, given the plight of the banking industry in Bahrain and Dubai, but Saudi Arabia has always been very cautious.
The Saudi Arabian Monetary Agency (SAMA) guides and supervises the financial sector - that already made Saudi Arabia the safest haven in the world amid the current debt storm.
It would be a shame to lose this lifetime opportunity in the presence of prestigious institute like IDB, ICD and ITFC being ideally based and headquartered in Jeddah.
These institutes have already produced scores of talented bankers (in Islamic finance) that are spread now in the entire region and beyond and serving the Islamic finance and banking industry.
But this achievement wouldn't be easy without full government support. With a strike of a degree, this industry could create thousands of jobs for Saudi men and women.
Dubai, despite its liberal policy and religious tolerance, has benefited from government support in creating a regional Islamic finance hub due to a favorable regulatory environment and strong domestic ties to Islam and Shariah.
It has more listed sukuk, than anywhere else.
What's more, Dubai is cosmopolitan and business-friendly enough to lure talent from far a field.
The industry is not just limited to providing jobs to bankers but a lot of other support industry also flourishes like law offices, Shariah-complaint insurance companies, leasing and mortgage companies etc.
In the absence of any competition from countries like Saudi Arabia, Dubai will continue to be a major driver for Islamic finance in the near term, as it attempts to recycle the region's petroleum wealth into real estate, tourism, technology and other anchors of a truly diversified economy.
Dubai's attractions are many. In addition to glitzy and modern shopping malls, it boasts numerous free zones that allows for 100 percent foreign ownership, 100 percent repatriation of capital and profits, exemption from corporate tax and no import duties.
But its central role in Islamic finance isn't assured over the long haul.
The recent financial crises have severely dented Dubai's reputation and its financial soundness.
The Islamic finance market, that was once a local affair, deeply rooted in the Gulf region only, is now spread in Far East and Europe and somewhat in the US while Africa still remains a virgin market, offering enormous potential and unlimited opportunities.
Appreciating the potential of this $ 1 trillion and growing industry (expected to reach $2 trillion by 2013), the British government had voiced its determination to issue a sukuk and asked its Finance Ministry to start working on necessary regulatory changes by next year while it issues licenses to Islamic banks.
It has to be noted that sukuk is a $30 billion global industry.
In recent years, Islamic finance has grown rapidly across the world, conservatively estimated at 12 percent a year.
Malaysia has been strong in the Far Eastern market for the past decade. But now, Asian countries - with tiny Muslim populations - are also looking to join this process.
Japan wants to be the first nation in the G-7 to issue a sovereign sukuk bond - that is, if Britain doesn't get there first.
Among cities outside the Muslim world, London is the strongest Islamic finance center and it leads race to be Shariah capital.
London will give Malaysia and Dubai and the rest of the Islamic world a run for its money, as London has all the strengths of a traditional financial center, from a solid infrastructure to a qualified pool of prospective employees.
Singapore, also seeking to attract Islamic capital, has the same lures but to a lesser degree.
London is already enjoying some success as a focal point for international Shariah-compliant investors, with both corporations and countries listing sukuk bonds in Britain.
London is also benefiting from New York's relative indifference to Islamic finance, which removes from the race a traditional long-standing rival for global capital because America's financial capital or political leadership has a narrower appetite for Islamic assets than other centers.
So far New York investors have shown an interest in Shariah-compliant equities, but not in Islamic bonds or Takaful, (Islamic insurance).
Saudi Arabia deserves all credit for its tireless persuasion to make Islamic banking industry in the world.
Saudi Arabia's task to introduce Islamic banks into conventional banking systems was challenging and tough. Islamic banking is steadily moving into an increasing number of conventional financial systems.
It is expanding not only in nations with majority Muslim populations, but also in other countries where Muslims are a minority, such as the United Kingdom or Japan.
Similarly, countries like India, the Kyrgyz Republic, and Syria have recently granted, or are considering granting, licenses for Islamic banking activities.
In fact, there are currently more than 300 Islamic financial institutions spread over 51 countries, plus well over 250 mutual funds that comply with Islamic principles.
This industry is currently experiencing growth rates of 22 percent per annum despite a tough investment climate - and this growth trend is expected to continue.
This golden opportunity shouldn't be missed simply because of arrogance or ignorance and this country should get what it rightly deserves.
(Arab News/30-Jan-2012 - by Mohamed H. Zakaria, the CEO of Saudi Steel and senior vice president of Ahmed Salem Bugshan Group, Jeddah)
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Islamic Australia stock index launched


A new Australian share index has joined the likes of the ASX 200 and All Ordinaries. It's the Islamic Australia Index.

The index's creators are the global financial information company Thomson Reuters and Islamic investment manager Crescent Wealth.

Thomson Reuters' global head of Islamic capital markets Dr Sayd Farook and Crescent Wealth's Talal Yassine spoke to Michael Janda.

SAYD FAROOK: We avoid investments predominantly in leverage, in what we call morally hazardous industries; armaments, pornography, alcohol etc and then we have some quantitative methods of screening out companies that have particular amounts of debt, or have particular percentages of investment in prohibited activities. 

MICHAEL JANDA: So as a concrete example what Australian companies would be eligible and what Australian companies are ineligible for this index? 

SAYD FAROOK: So you think about companies such as CSL, Woodside Petroleum, these kinds of resource energy stocks, such as AGL Energy, these would be eligible stocks. On the other hand stocks such as Amalgamated Holdings and the like that are in cinema and broadcasting, or …

TALAL YASSINE: Or a bank. The four majors are prohibited to be invested in because they're all about leverage and debt. 

MICHAEL JANDA: And loaning money. 

TALAL YASSINE: Loaning money, effectively. 

It really means that we avoid all companies that have debt. In the Australian Stock Exchange 30 to 35 per cent of companies are in the financial sector, so it screens out that whole sector. And it means avoiding companies that are morally risky. 

MICHAEL JANDA: Would that include things like gaming companies as well? 

TALAL YASSINE: Aristocrat definitely out. 

SAYD FAROOK: Most certainly. 

MICHAEL JANDA: How big is this market for Islamic finance both globally and in Australia?

SAYD FAROOK: Globally currently most estimates suggest that it's $1 trillion and it's growing at a rate of 15 to 20 per cent. Locally, it's around the range of $8 billion. 

MICHAEL JANDA: Is the size of Islamic finance largely driven by the oil money that's coming into the Middle Eastern countries? 

SAYD FAROOK: Well certainly petrol liquidity makes up a significant portion of Islamic investment. That said a lot of the money is coming from institutional investors in places like Europe and in America. These are large asset managers who look to place a portion of their portfolio in Islamic assets because it makes sense to diversify from what have traditionally been risky assets. 

MICHAEL JANDA: And on a global level do you find that it is mostly Muslim investors who engage in finance on Sharia principles? 

SAYD FAROOK: You have a lot of expatriates and also other ethnic origins such as Chinese who are willing to take up Islamic finance because it makes more sense to them. The partnership elements of it, the fact that you are engaging in profit sharing relationship where you get to benefit while at the same time you're on an equal level playing field with the counter-party, the bank. It makes a lot of sense to them and they feel that it's more equitable. 

MICHAEL JANDA: And this is as opposed to a loan model?

SAYD FAROOK: Yeah and that's essentially what makes it different and what we've heard from our research and also our customers, they've generally felt that when they've dealt with an Islamic bank they've been a lot more concerned with their wellbeing as opposed to a conventional bank which just looks at the loan and you've got to pay the interest - that's all. 

MICHAEL JANDA: Is Australia particularly well placed to capture this market and if so why?

SAYD FAROOK: Australia is one of those unique outliers in the sense that it combines very strong financial markets infrastructure, very strong regulatory system, with a link to the growth story of Asia. Besides this you've also got the remoteness of Australia from some of the most volatile social political regions in the world. 

As a growth story, in terms of the stability of the market, this is where people would want to invest, because no matter what happens in the world, this place always remains safe. 

(ABC Australia/1-Feb-2012)
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HSBC Amanah to issue innovative sukuk for retail investors

KUALA LUMPUR: HSBC Amanah Malaysia Bhd, a subsidiary of HSBC Bank Malaysia, plans to introduce an innovative sukuk this year for retail investors to maintain HSBC's position as a leading sukuk house.
"Malaysia is one of the deepest markets for Islamic bonds but we still do not have an active retail market. "We need to launch a retail bond product so that the retail investors could share the sukuk pie," chief executive officer Rafe Haneef told Bernama in an interview.
Rafe said Malaysia made up 60 per cent of the total global sukuk issuance last year but the Syariah bonds were subscribed mostly by institutional investors.
Rafe, who has been at the helm of HSBC Amanah since November 2010, said HSBC Amanah would focus on launching several innovative Syariah-compliant investment-linked products as well as structured funds like Real Estate Investment Trust products.
"Moving forward, we are looking at more investment products. The range of asset products at HSBC Amanah is pretty much complete," he said.
According to Rafe, the bank has almost completed its retail and corporate propositions and has also revamped its leasing products, which are world-class now.
The bank will also continue to add features to its existing products.
"We will always improve the existing products but these are not new products," he added.
Rafe also said HSBC Amanah is in the midst of discussions with Bank Negara on the upcoming locations for the branches that the bank would open by the end of this year.
The central bank has aproved 26 branches for HSBC Amanah, which has so far opened 15 branches since it received its licence in 2008.
Another branch will be opened in Penang this month. "We are still discussing the locations of the remaining new branches with Bank Negara. We are waiting for them to give us the final approval," he said.
HSBC Amanah, which was incorporated as an Islamic subsidiary in 2008, started its Islamic banking operations as a window in 1994.
The bank launched its first two subsidiaries, one each in Bandar Utama, Petaling Jaya and Juru, Penang, during the year.
The bank doubled its capacity from two to four branches in 2009 and opened another four branches in 2010. Last year, HSBC Amanah added another seven branches, bringing the total number of branches to 15.
Rafe said the bank has been receiving tremendous response for its products as they carry a recognised brand with competitive pricing and are structured according to syariah requirements.
"We have an independent syariah committee to review the products. At HSBC Group, we have strategically mono-lined certain products as Syariah-compliant solutions only.
"For example, for personal financing, we offer Islamic solutions at both HSBC and HSBC Amanah. This has given a huge momentum to HSBC Amanah's business," he said.
Rafe said that the bank's products, though structured according to syariah requirements, have attracted non-Muslims, who make up about 60 per cent of its customers.
"The non-Muslims look at the features of the products and the pricing.
"The fact that they are syariah compliant does not restrain them from taking the products, they are looking at quality products and quality services," he added.
Citing an example, Rafe said the bank's home financing, a leading Islamic product in the market today, has been very successful and is currently the bank's fastest growing asset.
"It offers not only a home financing solution but also combines an overdraft solution.
"As and when you have extra cash, you can deploy it in the home financing capital, reducing your overall rental.
"You can also withdraw the advances when you need cash. It's a very flexible product that is priced attractively and well received in the market," he said. - BERNAMA/10-Jan-2012
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Global sukuk issuances reached $20bn in Jan

   KUWAIT: The momentum of global sukuk issuances has continued during January to reach $20.2 billion an annual increase by 23.1 percent, Kuwait Finance House Research LTD. (KFHR) reported yesterday.
According to the report, this huge figure of issuances is due to the $9.7 billion issuance announced by Plus Expressways Berhad, the biggest company in construction and operation of highways in Malaysia.
Other notable issuances for the month included three sukuk from the UAE, all of which representing the financial services sector, added KFHR. It noted that the Emirates Islamic Bank launched its $500 million sukuk priced at par at 350 basis points over mid-swaps, with a profit rate of 4.7 percent.  Also, the deal received an order book of $1.5 billion, despite achieving a tight price relative to Dubai government bonds, KFHR said.
Also, Dubai’s outstanding 2015 note was quoted at 483 basis points over mid-swaps, while its 2020 is 511 basis points.
Similarly, First Gulf Bank successfully placed its $500 million sukuk under its $3.5 billion program and was oversubscribed 2.8 times. Tamweel too decided to issue its $300 million papers during the month. All three issuances were structured as Wakalah with five-year maturities.
In addition, Saudi Arabia witnessed the launch of the much awaited first quasi-sovereign issuance from the country as General Authority of Civil Aviation placed its SAR 15 billion, equals $4 billion, papers, continued KFHR. Sukuk is the term used for bonds issued according to Islamic Sharia law. – KUNA
(KuwaitTimes)

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Kazakh Development Bank Says It May Issue Islamic, Samurai Bonds

The Development Bank of Kazakhstan, a state-owned lender that promotes industry, is preparing to issue Islamic and Samurai bonds in 2012 to “diversify its loan portfolio and implement new financial instruments.”
The bank expects to offer $862 million in loans to finance Kazakhstan’s industrial projects this year, according to a statement posted on its website on Feb. 3.
The lender will carry on helping to finance projects which are a part of the state program of industrial development, including projects such as the upgrade of the Atyrau refinery, Chief Executive Officer Nurlan Kusainov said in the statement.
 (Bloomberg/Feb 6, 2012)

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Form and substance in muamalat

The world is laden with permissible things, and the right attitude to hold is that we must find ways to make them indeed halal, rather than haram.
IN Islamic transactions (muamalat), one of the prerequisites determining the validity of a variety of contracts is the spoken offer and acceptance (aqd) between the two parties involved.
Certain quarters, however, are putting excessive emphasis on this to the effect that if aqd is missing or not properly carried out in any given transaction, the whole contract is invalid beyond rectification.
Some Muslims even hold that failure to strictly observe such requirement would adversely compromise their Islamicity. And any proceeds accrued from this purportedly invalid dealing cannot be utilised or consumed as they are viewed prohibited (haram).
The invalidity claim, its implications and related consequences are questionable. A hypothetical illustration may help our understanding here.
Say, a bank offers a personal financing scheme to customers based on the Islamic principle of bay al-inah (buyback sale). The bank’s employees approach prospects on the phone and manage to get hundreds of people to subscribe for the product.
The telephone conversation is followed by official documents from the bank, sent out to the customers offering the loan and stating other details of the transaction.
A few months later the bank realises that the utterance of aqd was missing during the telephone conversations. As each transaction is considered not properly concluded, the bank is now in doubt of the halalstatus of the profits garnered from such contracts and seeks legal redress.
Based on the facts above, I can affirm that since the aqd did not take place in the conversation, no contract was concluded.
This omission, however, does not necessarily render the entire transaction invalid outright. The transaction may not fulfil the requirements of bay al-inah as originally intended, but it is still a transaction anyway, and valid. Sayyid Sabiq, a modern scholar, in Fiqh Sunnah (vol 12) states that there is no clear ruling prescribing that aqdmust necessarily be uttered in certain specific words.
He further explains that the validity of a transaction does not solely depend on the specific words or specific manner in which the wordings ofaqd are arranged, but rather determined by the objective or spirit of the transaction.
To me the objective or spirit here is to enter into a meaningful and beneficial transaction or contract whereby all parties involved may benefit, which must be good within the parameters of Syariah.
Ahmad Naqib al-Misri, a traditional jurist, in ‘Umdat al-Salik, discusses the aqd in relation to a type of transaction known as al-mu’atah, i.e. giving the seller the price and taking the merchandise without uttering the aqd, for instance, in buying something the price of which is known. The point here is the acceptance by both sides.
The work records that Imam Nawawi and a group of jurists have validated sales conducted in this mu’atah manner. It covers all transactions that people might consider sales.
Misri relates that there is no decisively authenticated primary textual evidence stipulating that this acceptance must be uttered. So, common acknowledgement, i.e. consent of both parties, is the final criterion as to what legally constitutes an acceptance.
From the preceding discussion, we know that the most fundamental elements in any transaction are consent (al-taradhi) between the parties involved and good objectives, not the name of the transaction or the accompanying aqd.
I am strongly inclined to say that the bank’s product at stake here meets the above criterion and falls under the mu’atah category, and therefore valid. In addition, what is also essentially required in any transaction is that the contracting parties understand the basic nature of the transaction.
When one voluntarily tries to obtain a financing facility from a bank, or if one is offered such a facility by any bank, one must know, among other things, that one is getting a certain amount of money payable at a certain amount in a certain manner for a certain period of time; and one is to repay on a monthly basis.
Obviously, in the preliminary communication of the product, both the customer and bank know/understand these basics.
Since the first telephone conversation does not and cannot constitute the bay al-inah contract, we may regard the understanding or agreement reached between the bank and customers in that particular occasion as a kind of trust, a simple cooperation, a loose business deal, but done in good faith.
Remember, this is still a transaction, a real one. As long as the parties concerned understand and honour the basic terms and conditions, such arrangement is valid as a transaction and either side may take benefits from the capital involved.
What finally concludes the contract is the documents sent to the customer after the first conversation, offering the product and detailing its terms and conditions.
When the customer accepts the offer stated in the documents, it is only here that the transaction becomes legally effective as a bay al-inahcontract. These documents supersede the conversation.
Bear this in mind. The original position of things is permissible, not otherwise, as aspired by the maxims: al-asl fi al-ashya’ al-ibahah or al-asl fi al-mu’amalah tilq. This world is laden with permissible things, and the right attitude to hold is that we must find ways to make them indeed halal, rather than haram.
I believe, therefore, that the more appropriate guiding principles in ascertaining the legal status of new and unknown things of our time are the maqasid al-shariah (the objectives of Islamic law), not strictly the letters and words of the law.
Do not be too quick to declare something as prohibited, especially if it establishes justice, serves the public interest, and enhances the people’s welfare, i.e. parts of maqasid.
Do not reduce Islam into a technical and mechanical religion by giving unqualified emphasis on form rather than substance.
ThestarOnline/DR WAN AZHAR WAN AHMAD/7Feb2012)

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HSBC completes the first government guaranteed Sukuk in Saudi Arabia

HSBC announced that it has completed the first ever government guaranteed Sukuk in Saudi Arabia for Saudi Arabia's General Authority of Civil Aviation 'GACA'. Raising SR15bn ($4bn) for GACA, the Sukuk achieved a profit rate of 2.5%HSBC acted in sole capacity as Lead Manager and Bookrunner, Sukuk Arranger, Shari'ah Coordinator, Sukuk Holders' Agent, and Payment Administrator

Walid Khoury, CEO of HSBC Saudi Arabia Limited said: "This is a great achievement for GACA, and stands as a testament to the confidence local investors have in this high quality name. Not only did it raise $4bn, but it has done so at a profit rate of just 2.5%. 

This is only around half a percent more than US treasury notes and less than half the rate some European countries have to pay for their funds."


"As the first Sukuk from a government guaranteed entity this deal also has significance for the development of the regional Sukuk market. Prior to this issuance, issuers priced their new securities against US treasury bonds- adding a premium for the perceived additional risk. With no 'risk free' local benchmark, it wasn't possible to use a local reference point, so instead issuers used this theoretical point. In effect this issuance therefore establishes a local pricing point for future Sukuk."



"This deal was 3.5 times over subscribed with strong demand from a wide range of banks, sovereign funds, pension agencies, insurance companies, corporates. This spread of investors means that any subsequent issuance won't be over reliant on any one sector and can tap into a ready investor base. This sheer scale of the demand and the eventual pricing demonstrates the confidence buyers have in both the region and its government."



Fahad Al Saif, Head of Debt Capital Markets, HSBC Saudi Arabia, added: "Many Sukuk of this size are issued in multiple tranches, with different prices and dates of maturity. However, this Sukuk has been launched as one single issuance, and in doing so has become the largest single-tranche Sukuk ever issued globally. Not only this, but the fact that the government of Saudi Arabia has guaranteed this deal means that it has also become the largest sovereign guaranteed issuance in the Emerging Markets for the last 10 years."



Additionally, this issuance is also the first ever Sukuk approved by the Saudi Arabian Monetary Agency (SAMA) to be eligible for repo arrangements and has also been assigned zero% risk weighting for capital adequacy calculation purpose. This means that investors can hold this Sukuk as an investment, but also use it as an effective liquidity tool by using it to guarantee cash from the central bank. 



HSBC in Saudi Arabia has lead deals for the petro-chemical sector, energy, contracting, real estate, and now - with this deal - aviation/infrastructure. HSBC ended the 2011 leading the Bloomberg league table for Emerging Markets Bonds, GCC Bonds & Sukuk, MENA Region Bonds and International Sukuk. Looking at 2012, HSBC has started the year at the top of the Bloomberg league tables, with a continued dominant market share.

(AMEinfo/9Feb2012)

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