Financial Services
Financial Services
Financial Services
Table Of Content
NO
TITLE
PAGE
1.
2.
3.
4.
5.
Introduction
Understanding Islamic Accepted Bills
Determining the Price of Islamic Accepted Bill
Features of the Islamic Accepted Bill
Guidelines and Regulations on Islamic Accepted
Bills
Application of Islamic Accepted Bills
Al-Murabahah Working Capital Financing
Shariah Point of View on Islamic Accepted Bills
Conclusion
6.
7.
8.
9.
10. EXPORT CREDIT REFINANCING - i
2
3-4
5
5-6
7
8
9
10-11
12
13
13-14
15-16
17
18
19-20
21
22
13.
14.
15.
16.
17
mortgage bonds and Islamic private debt securities. The IIMM, inturn, is the place where a set
of activities are carried out including purchase and sale of Islamic financial instruments among
market participants, inter-bank investment activities and a cheque clearing and settlement.
Islamic Accepted Bills arises from the situation when the customer on behalf of a bank buys
goods that he or she wants while the bank sells them back to the customer at a deferred
payment basis. The bank makes payment in lump sum
for
customer on its behalf and sells those goods to the customer on the deferred payment basis.
These due payments represent profit for the holders of the Islamic Accepted Bills that are traded
in the secondary market. Islamic Accepted Bills are mostly used to finance imports and export or
local purchases and sales, provided that the traded goods are halal. This paper will analyze
Islamic Accepted Bills in terms of structure and operations. Firs to f all, we define Islamic
Accepted Bills and show what its operational procedures. Next, we present some of the
guidelines imposed on trade and issuance of Islamic Accepted Bills. The third part will explain
how Islamic Accepted Bills are traded in the secondary market, who are the users and traders
and what basis of pricing used. Finally, we address the Shariah point of view on Islamic
Accepted Bills in terms of their acceptability.
customer on its behalf and sells those goods to the customer on the deferred payment basis.
These due payments represent profit for the holders of theIslamic Accepted Bills that are traded
in the secondary market to another party. It attractsa very attractive price because it is a
negotiable instrument. The customer is, therefore,financed at a very attractive rate.
Islamic Accepted Bill is similar to Bankers Acceptance. Bankers Acceptance is a billwith a
certain face value issued by a bank to the customer at a discount. The discountedvalue of the
bill is credited to the customers account while the customer pays back theface value at the
maturity date. For example a Bankers Acceptance Bill might have aface value of RM 2 million,
while the amount of money credited to the customersaccount is RM 1.9 million. The difference
between the face value and the discountedvalue (the amount of money credited to the
customers account) represent interest payment. Bankers Acceptances are used for project
financing and traded on thesecondary market. The Islamic Accepted Bill is introduced as an
alternative to BankersAcceptance in view of the need to provide customers an Islamic
alternative
The difference between the Bankers Acceptance and Islamic Accepted Bill is the absenceof
interest payments in the case of Islamic Accepted Bill. Interest is not allowed in Islamand,
therefore, the profit in Islamic Accepted Bill is said to be derived from trading whichis
permissible. The profit by trading is derived through the contracts of Murabahah.Murabahah
refers to the sale of a good at a price based on cost-plus profit margin agreed by the both
parties. Here the Islamic bank appoints a customer as agent to purchase the goods at cost. The
bank guarantees the payment to the supplier. Then, the bank sells thegoods to the customer
where credit to be settled in say, 90 days. The selling priceincludes cost and profit which is
called a mark-up price. The bank then draws a bill onthe customer who accepts the bill at the
mark-up price. The holder of the bill, i.e. the bank can sell the bill to the third party at a price not
less than the cost. Such sale is basedon the bay al dayn contract. Bay al dayn refers to the
sale of a debt arising from a tradetransaction with a deferred payment.
Islamic Accepted Bills are widely used in financing imports and exports. It is an alternative to the
Bankers Acceptance Bill that is used to finance purchases and sales by conventional banks.
Islamic Accepted Bill, however, is used only in transactions involving halal goods and services.
Examples of using Islamic Accepted Bills in import sand exports are as follows:
3. The deferred payment constitutes a creation of debt. This debt is securitized in the form of bill
of exchange drawn by the bank and accepted by the customer for the full amount of the banks
selling price including cost and profit margin payable on the day of maturity. Islamic Accepted
Bill can be sold in the secondary market at an agreed price using the concept of bay al-dayn.
Here, it is the bank that draws an Islamic Accepted Bill while the importer or purchaser becomes
the acceptor.
4. Similar to letter of credit arrangement, an exporter who wants to use Islamic Accepted Bill
prepares and sends export documents to the importers bank. The exporter draws on the
domestic bank a new bill of exchange and this becomes an Islamic Accepted Bill. The bank
purchases the Islamic Accepted Bill at a mutually agreed price using the concept of bay aldayn. The proceeds will be credited to the exporters account. In this case, it is the exporter who
draws the Islamic Accepted Bill and the bank is an accepting party.
5. Islamic Accepted Bills can be purchased and sold using forward purchase and forward sales
agreements. Forward Purchase is a separate agreement whereby the purchasing party agrees
to purchase Islamic Accepted Bills at an agreed price on a future specified date. On the other
hand, Forward Sale is an agreement to sell Islamic Accepted Bills at an agreed price on a future
specified date. There shall be two undertaking agreements in forward purchase and forward
sale transactions.
After its introduction in 1991, Islamic Accepted Bill facility became very popular in the areas of
trade and finance. With such a significance development in that product, in 1992,the Bank
Negara saw a need to revise the Guidelines on bankers Acceptance and undertaken a full
review to revise the Islamic Accepted Bill guidelines issued first in1989. These guidelines are
briefly presented below:
1. An IAB can be drawn on and accepted by a bank or purchaser under the following
circumstances only :
a) The IAB is drawn to finance geniue in trade transactions
b) The drawer, in case of IAB sale, makes a declaration that he has not obtained or will not
obtain another source of financing.
c) The goods involved in the trade transaction are tangible and halal goods. Services will not be
eligible unless specifically provided for in Guidelines .
d) Adequate documentary evidence must be presented to the accepting or drawing bank.
2. An IAB may be drawn to finance a trade transaction between two related companies,
provided that:
a) The related companies are separate legal entities
b) The transaction was undertaken resulting in a genuine transfer of title to thegoods
concerned, evidenced by the proper and documents.
3. An IAB shall not be drawn to finance any trade transaction between two businessentities of
sole proprietorships where the proprietor is the same person or between two business entities of
partnerships where the majority of partners are the same persons.
4. An IAB shall not be drawn to finance a sales transaction on which the seller has provided a
leasing, hire purchase or factoring facility to the buyer for the settlement of that transaction.
As we already mentioned earlier, there are two types of financing under Islamic Accepted Bill
(IAB) facility:
1. Imports and local purchases
2. Export and local sales
The bank finances exports and sales according to the concept of Bay al-Dayn. Bay al- Dayn or
debt financing is a short term financing facility. It is where the bank purchases the customers
right to the debt which is normally securitized as Islamic Accepted Bill. The customers account
will be credited with purchase price less banks charges. The price of al-dayn will be agreed
upon the customer and the bank. After this, al-dayn may be sold to a third party.
The sale of goods on a deferred payment term creates debt. This debt in the form of a bill of
exchange drawn by the bank on and accepted by customer for the full amount of the banks
selling price payable at maturity. The bank may sell the Islamic Accepted Bill to at hird party,
then the concept of Bay al-Dayn will be used whereby the bank will sell the Islamic Accepted
Bill at an agreed price.
The purchase of debt by the bank will at the current financing rate at the market. However, Bank
Negara Malaysia, in its effort to encourage exports from Malaysia, has introduced a scheme
known as the Export Credit Refinancing Scheme, using this scheme the bank may resell this
debt or al-dayn to Bank Negara Malaysia at a special price. Bank Negara Malaysia, however,
limits the availability of this financing scheme to certain goods only.
Shariah Point of View on Islamic Accepted Bills
We have seen in the above section that the application of Islamic Accepted Bill creates debt or
al-dayn and in this section of our assignment we will discuss Shariah point of view regarding
the sale of al-dayn.
The Nature of Bay` Al-Dayn
The issue of bay al-dayn arises when the IAB are traded in the secondary market. We may now
discuss Bay` al Dayn to show its nature according to Islamic point of view. According to alMajallah, dayn defines as the thing due i.e the amount of money owed by a certain debtor. So
also a sum of money not existing is considered a debt, as also a certain sum of money from
things which exist or are present, or from a heap of wheat which is present before it is separated
from the mass. Al-Dayn can be either monetary, or a commodity, like, food or metal. Based on
the aforementioned of al-Dayn, and the literal meaning of Bay al-Dayn we can define it as the
sale of payable right either to the debtor himself, or to any third party. This type of sale is usually
for immediate payment or for deferred payment (al Nasiah)
Sale of Al-Dayn to a Third Party
According to most of Hanafis, Hanbalis and Shafis jurists, it is not allowed to sell al Dayn to nondebtor or a third party at all. Such opinions are based on the forbidden sale of al Kali Bil al Kali,
sale of a Gharar , sale which the seller does not possess.
A prophetic tradition which clearly states: Do not sell what you do not possess
10
b) The debtor must be a financially capable, must accept and recognize the sale, in order that
he will not deny the sale. This condition aims to avoid any dispute between the parties, and the
debtor must be easily accessible so that the creditor knows whether he has the capacity to pay
his debt or not.
c) The sale should not be based on selling gold with silver or opposite, because, any exchanges
between these items necessitates the immediate possession, and if the debt is money, its price
in another debt should be equal in terms of amount of quantity.
Furthermore, the selling of al-dayn must avoid the occurrence of Riba between the two debts,
and must also avoid any kinds of Gharar which may be raised at the level of inability of the
buyer from possessing what he bought, as it is not permitted that the buyer sells before actual
receipt of the purchased item. It is important to note that Muslim scholars have unanimously
prohibited the trading of debt (bay` al-dayn) at anything other than face value. Where the price
paid for a debt is not the same as the face value of that debt, the transaction would be
tantamount to riba al-Nasiah and is therefore prohibited. Any profit created from the sale and
purchase of adebt is riba.
"And whatever riba you give so that it may increase in the wealth of the people, it doesnot
increase with Allah." [Ar-Rum 30:39]
Prophet Muhammad (S.A.W) said: That every loan entailing benefit is usury
The IAB would have been acceptable from an Islamic point of view if the application of the mode
of financing would be based on the legal maxim of al-Ghunmu bil ghurmi meaning that no
person is allowed to invest in a way that generates profit without exposing himself to the risk of
loss. It would expose both parties to the outcome of their deal, be it a profit or a loss, and thus
avoid of usury as matter of Islamic principle.
11
Conclusion
Islamic Accepted Bills is indeed a low cost financing for businesses in purchases and sales of
inventories, raw materials and finished goods. The low cost is due to the exchange of Islamic
Accepted Bills in the secondary market. After its introduction in1991, Islamic Accepted Bill
facility in Malaysia became very popular in the areas of trade and finance. A set of guidelines
were issued by the Bank Negara of Malaysia in regulating the transactions involving Islamic
Accepted Bills. Islamic Accepted Bills are based on Murabahah and Bay al Dayn concepts.
Consequently, the Shariah ruling for Islamic Accepted Bills is similar to the one applied to Bay
al Inah which involves Bay al dayn. That is, majority of ulama in the Middle East do not agree
with such transactions, while some of the ulama, have accepted them based on the valid
external evidence of sale.
12
Objectives
To promote the export of manufactured products, agricultural products and selected
primary commodities by providing financing at very competitive rate of this product.
It must be HALAL and permissible according to Syariah principles via the provision
of credit facilities as a supplement source of fund, prior to or upon shipment of the
products.
13
14
15
IECR pre-shipment
Similar conditions as per conventional ECR shall apply as follows:
Financing amount
Financing rate
Tenor
Selling Price
IECR post-shipment
The same conditions as per the conventional ECR shall apply, as follows:
Registration
Booking
Refinancing
Early discharge
Redemption
Retirement
16
review staff in the Islamic banks) must be able to trace these discrepancies so that
tainted income will not be mixed with "halal income" where unknowingly we
are depriving income from Islamic banks of Allah's blessing according to
surah Al-Baqarah (276) that reads as follows:
"Allah does not bless usury, and He causes charitable deeds to prosper,
and Allah does not love any ungrateful sinner" ( , Al-Baqarah).
ECR-i (Post-shipment)
Post-shipment ECR-i is a financing facility based on Bai Dayn contract, available to
direct exporter who exports eligible products on sight or usance terms. For sight
term, the financing period shall not exceed 60 days.
18
19
Demand is also growing for guarantees in markets where credit and political risks
pose a greater challenge.
In December, Export Development Canada helped secure $78 million for a deal
involving the lease of four Bombardier planes to Ethiopian Airlines, the first shariacompliant transaction in Africa's aviation sector.
Last
month,
GuarantCo,
specialised
guarantor
indirectly
owned
by
the
20
Conclusion
The ECR-i facility is funded by the Export Import Bank of Malaysia
Berhad (EXIM Bank) at a special rate. The financing only covers Shariah
compliant products and those not listed in the EXIM Banks Negative
List Guideline. The financing rate is determined by EXIM Bank from
time to time. The Bank can add on amaximum margin of 1% to the
ECR-i financing rate for financing you as our customer.
21
References
http://www.islamicbankingway.com/2011_10_01_archive.html
https://news.google.com/newspapers?
id=gks1AAAAIBAJ&sjid=h3gFAAAAIBAJ&pg=1434%2C4093471
http://www.maybank2u.com.my/Islamic/en/business/trade/export-credit-refinancing-i.page
22