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Mahyuddin Khalid




                                              emkay@salam.uitm.edu.my
ISLAMIC FINANCIAL
LEGAL FRAMEWORK
DEVELOPMENT OF THE MALAYSIAN
ISLAMIC FINANCIAL SYSTEM
CONTENT
2


       MALAYSIAN ISLAMIC FINANCIAL SYSTEM
       HISTORICAL DEVELOPMENT OF ISLAMIC
        BANKING
       NSC REPORT ON BANK ISLAM MALAYSIA
       1ST PHASE OF DEVELOPMENT
       2ND PHASE OF DEVELOPMENT
       3RD PHASE OF DEVELOPMENT
       CONCLUSION
MALAYSIAN ISLAMIC FINANCIAL
3
    SYSTEM
       Comprehensive Islamic financial system covering all
        financial sectors
           operating in parallel with conventional financial system
       Diversities of players
           Twelve full-fledged Islamic banking institutions
               2 domestic Islamic banks
               3 full-fledged foreign owned Islamic banks
               7 Islamic banking subsidiaries
           9 takaful operators
       Sound and robust Islamic financial institutions governed by
        international best practices
       Rapid growth with wide range of product and services
           Retail, corporate & investment banking
       Internationally integrated with international Islamic financial
        system
HISTORICAL LANDMARKS IN ISLAMIC FINANCE
    DEVELOPMENT

    1963   • Mit Ghamr, Egypt

    1969   • Pilgrims’ Fund Board (Lembaga Tabung Haji), Malaysia

    1970   • Oil boom

           • Islamic Development Bank, Saudi Arabia
    1975   • Dubai Islamic Bank, UAE
           • Fatwa issued by the Fiqh Council of Muslim World League in favour of Islamic insurance
    1977     (takaful)

    1978   • Luxembourg Islamic Bank (1st attempt in the West )

           • Sudanese Islamic Insurance Company is established as the world’s 1st Takaful company by
    1979     Faisal Islamic Bank of Sudan

    1983   • Malaysia passes comprehensive legislation on Islamic finance (Islamic Banking Act)

           • OIC Islamic Fiqh Academy legitimizes Sukuk which paves the way to the development of
    1988     Islamic debt securities

    1990   • World 1st sukuk issued in Malaysia (Based on BBA) by Shell MDS worth USD 30 million

    1991   • AAOIFI , Bahrain

    2002   • IFSB, Malaysia

    2011   • International Islamic Liquidity Management (IILM), Malaysia
4
HISTORICAL DEVELOPMENT OF ISLAMIC
    BANKING
5


       Traditional Malay Muslim society is very cautious
        in involving themselves in riba transactions
       In order to avoid interest-based transactions in
        getting cash or liquidity, they practice a local
        customary transaction known as jual janji
        (conditional sale).
       The Courts recognize jual janji as a Malay
        customary transaction arising out of religious
        consideration
       According to Ungku A. Aziz, the main purpose of
        savings for Malay Muslims was to meet the
        expenses for the journey to perform haj, thus
        they preferred to use traditional ways of savings.
HISTORICAL DEVELOPMENT OF ISLAMIC
    BANKING
6


       In Malaysia, Islamic banking can be traced back
        to its root in 1963, with the establishment of the
        Lembaga Urusan dan Tabung Haji (LUTH), which
        was the first Islamic savings institution for the
        special purpose of performing hajj.
       Islamic resurgence in the Middle Eastern
        countries had initiated the call for the
        establishment of an Islamic financial system that
        would allow Muslims to practice their banking
        and finance according to Shariah principles.
       This can be seen with the establishment of
        Islamic Development Bank in Jeddah in 1974
        and Dubai Islamic Bank in 1975, being the first
        Islamic commercial bank.
HISTORICAL DEVELOPMENT OF ISLAMIC
    BANKING
7

       Move towards establishing an Islamic bank in Malaysia was
        initiated by various private parties
           e.g during the Kongres Ekonomi Bumiputera (The Bumiputera
            Economic Congress) in 1980 and at the National Seminar on
            Konsep Pembangunan Dalain Islam (the Concept of
            Development in Islam).
       A resolution was passed calling off the Government to allow
        LUTH to establish an Islamic hank in Malaysia in order to
        mobilise and invest the funds of the Malays and the
        Muslims.
       Main factors contributing to the successful growth of Islamic
        banking in this country:
           Support and encouragement from the government
           Commitment and dcdicat ion of the regulatory authority
           Favourable economic environment
           Creativity of the financial engineers in designing new products.
HISTORICAL DEVELOPMENT OF ISLAMIC
    BANKING
8

       LUTH undertook a study on the establishment of an Islamic
        bank in Malaysia.
       The government accepted the proposal by LUTH and
        appointed a National Steering Committee on Islamic Bank
        (NSC) to study various proposals for the establishment of an
        Islamic bank.
       The NSC was given the following tasks:
           To study and identify various critical aspects of Islamic banking
            such as the basis of the establishment, areas of operation and
            business relationships with the customers and other financial
            institutions.
           To examine the suitability of Islamic banking in the Malaysian
            context from various points of view including
            religious, legal, racial, social and development; and
           To present to the Government recommendations regarding the
            establishment of ‘Bank Islam Malaysia’
NSC REPORT ON ‘BANK ISLAM
    MALAYSIA’
9

       An Islamic bank, which operates according to the rules of
        Shariah, should be established; provide services and
        operating profitably.
       Only one Islamic bank should be established.
       The proposed Islamic bank should be incorporated as a
        limited company under the Companies Act 1965.
       The Islamic Banking Act needs to be legislated in order to
        provide for the licensing and supervision of the Islamic bank
       The Central Bank should administer the Islamic Banking
        Act.
       The proposed Islamic bank should set up a Religious
        Supervisory Council to supervise the compliance of its
        operations with Shariah principles.
       The proposed Islamic bank should be named ‘Bank Islam
        Malaysia’.
STAGES OF DEVELOPMENT
 10
                Gradual and pragmatic

                                                    Milestones
1969                             1983                      1993                           2003

      Pilgrimage Fund Board

                  Full-fledged      Bank Islam                               Bank Muamalat          Foreign Islamic
                 Islamic banks      Malaysia Bhd.                            Malaysia Bhd.          banks

                                                                     Conventional banks offer Islamic window


                                                                                                  Islamic subsidiary



                                                                      Islamic money markets


                      Takaful           Syarikat Takaful          Takaful Nasional, Mayban Takaful, Takaful
                     Operators          Malaysia Bhd.             Iklhas, Commerce Takaful



          ..achieved significant milestones in building comprehensive and integrated
          Islamic financial system with diversity of players….
DEVELOPMENTAL FOCUS

                           Institutional & Regulatory
                                  Development




          Enhancement                                   Product and
          of knowledge                                    market
          and expertise                                 development




                          Legal and Shariah framework




11
1st PHASE OF DEVELOPMENT
12


        All recommendations of the NSC Report were
         accepted by the Government.
        The Islamic Banking Bill was passed and the
         IBA came into force on 7th April 1983.
        Consequently, the Islamic bank was
         incorporated and officially launched on July 1,
         1983.
        The establishment of BIMB marked a new
         milestone for the development of the Islamic
         financial system in Malaysia.
LEGISLATION OF THE ISLAMIC BANKING ACT (IBA)
     1983
13

        To enable an Islamic bank to be established and
         operated in Malaysia, a suitable legal framework
         according to the Shariah principles should be
         provided.
        The existing Banking Act 1973 (now replaced by
         BAFIA 1989), did not conform with the principles of
         Islamic banking because :
            It required all banks to operate on the basis of interest
            Prohibited all types of trading
        The Islamic Banking Act (IBA) 1983 was legislated in
         March 1983 provided BNM with the power to
         supervise and regulate Islamic banks.
        IBA was the first act to provide the necessary
         amendments to allow Islamic banks to operate
         without interest as well as to engage in trade and
         commerce.
THE ESTABLISHMENT AND DEVELOPMENT
     OF BIMB
14

        BIMB was incorporated as a public limited company to
         enable the Bank to conduct its activitics freely without being
         constrained by regulations imposed on statutory bodies.
        Even though BIMB was a private company, the largest
         portion of its shares should be held by the Government to
         generate the public’s confidence in the bank.
        BIMB was established with the initial paid-up capital of
         RM80 million consist of :
            Malaysian Government RM30 million
            LUTH RM10 million
            Muslim Welfare Organization of Malaysia RM5 million
            State Religious Councils RM20 million
            State Religious Agencies RM3 million
            Federal Agencies RM12 million
THE ESTABLISHMENT AND DEVELOPMENT
     OF BIMB
15


        The corporate objective of the Bank was to
         provide banking facilities and services in
         accordance with Islamic commercial law.
        In order to supervise its operations to ensure its
         compliance with the principles of Shariah, the
         Bank had to set up a Shariah Supervisory
         Council.
        BIMB was listed on the main board of the Kuala
         Lumpur Stock Exchange (KLSE) on 17 January
         1992
        After 23 years in existence, BIMB has proven
         that Islamic banking is viable and has
         demonstrated its ability and capacity to operate
         in parallel with conventional banks with the
LEGISLATION OF GOVERNMENT INVESTMENT ACT
     1983
16

        BIMB was required to undertake short-term investments, as
         well as a fund management measure to meet its liquidity
         requirements prescribed by BNM.
        The existing avenue for short-term investments was by way
         of purchases of Government papers in the form of
         Malaysian Government Treasury Bills (MGTB) and
         Malaysian Government Securities (MGS) that bore interests
         and BIMB could not invest in them.
        The NSC proposed that the Government Investment Act
         (GIA) be legislated to enable the Government to issue
         Government Investment Certificates on the basis of Islamic
         principles.
        GIA provided the solution to the problem of acquiring
         interest—free short-term investments which acted as an
         instrument to absorb surplus funds in the short run, a
         common problem faced by the Islamic Bank in the absence
         of an Islamic money market.
ESTABLISHMENT OF SYARIKAT TAKAFUL MALAYSIA
     BERHAD
17

        The NSC was of the view that the Islamic bank was
         responsible in ensuring the safety and security of its
         own assets and securities against loss, damage and
         destruction and recommended that an Islamic
         Insurance company should be established
        Takaful Act were enacted in 1984 based on the
         Insurance Act 1973, with such modifications and
         amendments to conform with the Shariah and takaful
         business practices.
        The first Islamic insurance operator Syarikat I Takaful
         Malaysia Sdn. Bhd. (STMB) was incorporated in
         November 1984 as a subsidiary of BIMB
        With the establishment of STMB, other subsidiaries
         like Syarikat Wakalah Sdn Bhd (providing nominee
         and investment fund services for the bank) and Al-
         Ijarah Sdn. Bhd.(providing leasing finance) were also
         set up.
2nd PHASE OF DEVELOPMENT
18

        The government decided that for the first 10 years
         there should be only one Islamic bank before
         establishing other Islamic banks.
        This decision was to enable BIMB to focus on the
         growth of Islamic banking and to develop as many
         Islamic banking products and services as possible
         without any competition
        By the mid of December 1993, BIMB had developed
         21 Islamic banking products and instruments
         covering a wide area of banking activities.
        The second phase of the development of Islamic
         banking started in early 1990s when BNM outlined
         objective to develop a comprehensive and vibrant
         Islamic banking system operating side by side with
         the conventional banking system.
2nd PHASE OF DEVELOPMENT
19

        During the first ten years, the development of Islamic bank
         emphasis on creating a large number of different types of
         Islamic financial instruments.
        Although BIMB was established in 1983. the Bank was still
         not able to serve the entire needs of the population, due to
         several constrained of the limited number of branches and
         resources.
        The establishment of a large number of institutions offering
         Islamic financial services is necessary to further develop
         Islamic bank. For this purpose, three alternatives were
         considered by the authority:
            Establish new Islamic banks
            Allow the conventional banks to set up Islamic banking
             subsidiaries
            Allow the existing conventional banking system to offer Islamic
             banking services
        After careful consideration, the third alternative was chosen
         as it was considered the most efficient and effective way of
         expanding Islamic banking
SKIM PERBANKAN TANPA FAEDAH
20
     (SPTF)
        BNM introduced a scheme named Interest-Free
         Banking Scheme (Skim Perbankan Tanpa Faedah)
         (SPTF) in March 1993 to allow the existing
         conventional banking system to offer Islamic banking
         services
        Through SPTF, conventional banks were allowed to
         introduce and offer Islamic banking services and
         facilities at their counters using their existing
         infrastructure, including staff and branches.
        By the end of end of June 1999, the number of
         participating banking institutions increased
         significantly to 54, comprising 24 commercial banks,
         18 finance companies, 5 merchant banks and 7
         discount houses
        Although the participation of the banking institutions
         was voluntary, they had to comply with the
         requirements of the guidelines issued by BNM.
SKIM PERBANKAN TANPA FAEDAH
21
     (SPTF)
        BNM has introduced various measures and policies to meet
         up the requirements:
            To establish an Islamic Banking Unit (IBU) to be headed by a
             senior Muslim banker
            To create an Islamic Banking Fund (IBF) with the minimum
             allocation of RM1 million
            To open separate current/clearing accounts for Islamic banking
             operations with BNM
            To register as Indirect Members under the wholesale payments
             system, SPEEDS (Sistem Pcmindahan Elektronik untuk Dana
             dan Sekuriti) (now RENTAS)
            To observe a separate cheque clearing system for Islamic
             banking.
            To maintain separate ledgers for their Islamic banking
             operations.
            To appoint at least one Shariah consultant to advise on
             operations of their Islamic banking division.
        These requirements would ensure that the banks did not co-
         mingle the funds freely without proper internal controls.
SKIM PERBANKAN ISLAM (SPI)
22

        In 1998, BNM replaced the SPTF with Islamic Banking Scheme
         (IBS) or known as Skim Perbankan Islam (SPI) effective from 1st
         December 1998.
        All banking institutions participating in the SPI were required to
         upgrade their Islamic Banking Unit (IBU) to Islamic Banking
         Division (IBD) and headed by a Muslim senior management officer
         of the bank and reports to the Chief Executive Officer (CEO)
        The minimum funds of Islamic banking were raised from RM 1
         million to:
            RM5 million for commercial banks, gradually increased to RM20
             million by 31 December 2000
            RM5 million for finance companies, gradually increased to RMI0
             million by 31 December 2000
            RM3 million for merchant banks, gradually increased to RM6 million by
             31 December 2000.
        Beginning from 4 January 1999, discount houses were permitted
         to participate in the SPI.
ISLAMIC INTER-BANK MONEY
23
     MARKET
        The establishment of the Islamic money market on 3
         January 1994 was the last element for the Islamic
         banking system to function as a full-fledged banking
         system.
        BNM decided to implement the Islamic Money
         Market based on the concept of mudharabah or
         profit- sharing
        The development of an Islamic money market was
         crucial as an essential avenue to provide a ready
         source of short-term investment based on Shariah
         principles in case of temporary shortage or surplus of
         funds faced by Islamic banks.
        The Islamic money market comprised 3 components:
            Trading of Islamic Financial Instruments
            Mudarabah Interbank Investments (MII)
            Islamic Cheque Clearing System (ICCS)
ISLAMIC CAPITAL MARKET
24

        Islamic capital market is one of the components in the
         overall capital market in the country.
        It functions as a parallel market to the conventional capital
         market for capital seekers and providers, and plays a
         complementary role to the Islamic banking system in
         broadening and deepening the Islamic financial markets in
         Malaysia.
        The government established the Securities Commission
         (SC) as the sole regulatory body for the regulation and
         development of capital market on 1 March 1993.
        SC has identified the development of ICM as one of its main
         agenda in the Capital Market Masterplan (CMMP) of
         Malaysia, launched on 22 February 2001.
        One of the main objectives set by the CMMP was to
         establish Malaysia as an International Islamic Capital
         Market Centre.
ISLAMIC CAPITAL MARKET
25

        The SC’s efforts to develop the ICM by setting up of
         the necessary infrastructure:
            Establishing an Islamic Capital Market Unit (ICMU)
                to carry out research and development of ICM instruments
                analyzing the existing securities from Shariah perspectives
            Establishing Islamic Instruments Study Group (IISG)
                to advise the SC on development ICM
                to study issues related to the operation of the ICM
            Establishing Shariah Advisory Council (SAC) of SC
                succeeded the role and function of IISG
                to ensure that the operation of the ICM conform to Shariah
                 principles
                to advise the SC on all matters related to the development of
                 the Islamic capital market
                as a reference center for issues related to Islamic capital
                 market.
ISLAMIC CAPITAL MARKET
26

        The SC’s efforts to develop the ICM by broadening
         and strengthen the market such as:
            Analyzing existing conventional capital market
             instruments to determine its validity from the Shariah
             perspective,
            Formulating and developing new financial instruments
             based on Shariah principles
             Reviewing and identifying the activities companies listed
             on the KLSE for the issuing of the Shariah approved
             counter list.
        The ICM comprises :
            Primary market
                New issues of Islamic Government securities and the Islamic
                 Corporate securities are offered to the public
            Secondary market,
                Existing Islamic Government securities and Islamic
                 Corporate securities are traded; the equity market and the
                 unit trust.
SHARIAH ADVISORY COUNCIL (SAC) OF THE
     BNM
27

        BNM established its Shariah Advisory Council (SAC) on
         Islamic Banking and Takaful on 1 May 1997 to streamline
         and harmonise the Shariah interpretations among banks
         and takaful companies.
        The SAC took over the role of SAC of Bank Islam as the
         consultant to the IBS banks pertaining to Shariah issues.
        Prior to the establishment of SAC, there were some
         differences in opinion among Shariah consultants on similar
         issues which might obstruct the development of IBS.
        The SAC is the highest authority in deciding Shariah issues
         pertaining to Islamic banking and takaful operations in
         Malaysia.
        Members of SAC comprise academicians and Shariah
         experts who posses vast knowledge and experience in the
         areas of Islamic banking and finance.
SHARIAH ADVISORY COUNCIL (SAC) OF THE
     BNM
28


        The primary objectives of NSAC are as
         follows:
          To  act as the sole authoritative body to advise
           BNM on Islamic banking and takaful operations
          To co-ordinate Shariah issues with respect to
           Islamic banking, finance and takaful
          To analyze and evaluate Shariah aspects of new
           products/ schemes submitted by the banking
           institutions and takaful companies.
ESTABLISHMENT OF THE SECOND ISLAMIC
     BANK
29


        The second Islamic bank in Malaysia, Bank
         Muamalat Malaysia Berhad (BMMB) was
         established on 1 October 1999.
        The establishment of BMMB arose from the
         merger of Bank Bumiputra Malaysia Berhad
         (BBMB)and Bank of Commerce (M) Berhad
         (BOC).
        Under the merger arrangement, the Islamic
         banking assets and liabilities of BBMB, BOC and
         BBMB Kewangan Berhad (BBMBK) were
         transferred in BMMB, while the conventional
         operations of BBMB, BOCB and BMBK were
         transferred to BOCB.
        The establishment of the second Islamic bank
         has contributed to the rapid growth of the Islamic
         banking system.
DEVELOPMENT FINANCIAL INSTITUTIONS
     (DFIS)
30


        The aspiration of BNM to develop a
         comprehensive Islamic banking system had
         stimulated the non-banking financial
         intermediaries to offer Islamic banking
         products and services includes:
          Bank Simpanan Nasional (BSN)
          Bank Kerjasama Rakyat Malaysia (BR)

          Development Finance Institutions (DFIs) i.e.
           Bank Pembangunan dan Infrastruktur Malaysia
           (BPIM) and Bank Pertanian Malaysia (BPM).
3rd PHASE OF DEVELOPMENT
31


        With the rapid development of the Islamic
         financial industry on the global front, the
         Government has promoted Malaysia as a
         regional Islamic financial centre.
        The government has declared Labuan as an
         International Offshore Financial Centre (IOFC) to
         promote Malaysia as an international Islamic
         financial centre.
        BNM has participated actively to enhance the
         development of Islamic banking and finance such
         as the formation of an International Islamic
         Financial Market (IIFM) and the setting up of the
         Islamic Financial Services Board (IFSB).
LABUAN AS AN ISLAMIC IOFC
32

        Government has made a decision to promote
         Labuan as an International Offshore Financial Centre
         (IOFC) to position itself as an international center for
         offshore Islamic banking and finance with the
         objectives:
            To complement domestic financial activities in Kuala
             Lumpur
            To strengthen the contribution of the financial services
             sector in the gross national product of Malaysia
            To promote the economic development of Labuan
        Labuan with the status of IOFC has the advantage to
         attract international banking business by:
            reducing or eliminating the need for full compliance with
             local capital requirements
            having lower licence fees, corporate taxes and other
             business levies
INTERNATIONAHSLAMIC FINANCIAL MARKET
     (IIFM)
33

        Labuan Offshore Financial Services Authority (LOFSA) was
         established and responsible for setting national objectives,
         policies and priorities for the development and
         administration of offshore financial services in Labuan.
        In its efforts to develop Labuan as an Islamic IOFC, LOFSA
         worked with Islamic scholars to identify potential offshore
         activities as well as to develop viable Islamic financial
         instruments which would attract Islamic investors to the
         Labuan
        Following this, Malaysia, Bahrain, Indonesia, Sudan, Iran
         and the Islamic Development Bank (IDB) established an
         IIFM Board April 2002
        The IIFM Board was entrusted to develop and supervise the
         development of the IIFM and supported by two committees,
         the Market and Product Development Committee MPDC
         and the Shariah Supervisory Committee (SSC).
INTERNATIONAHSLAMIC FINANCIAL MARKET
     (IIFM)
34


        LOFSA initiated the establishment of a global
         network of Islamic financial markets known as
         International Islamic Financial Market (IIFM) with
         the objectives:
          To establish a structured global financial market that
           is based on Shariah principles
          To enhance the cooperative framework among
           Islamic countries and financial institutions
          To generate the liquidity, creation and trading of
           financial instruments, thus enhancing investment
           opportunities and spins-off of other related services
           and activities such as custodial, brokerage and
           treasury.
          To promote greater awareness of Islamic banking
           and finance, and facilitate cross border transactions.
FIRST SOVEREIGN GLOBAL ISLAMIC
     SUKUK
35


        Malaysia successfully launched the first
         Sovereign Global Islamic Sukuk, structured
         on the principle of ijarah on 25 June 2002.
        The launching of the global Islamic bond
         signified Malaysia’s strong commitment in
         supporting the development of Islamic
         banking and finance on the global front.
        The move to access the international Islamic
         capital market would give impetus to the
         development of the Islamic financial market.
ISLAMIC FINANCIAL SERVICES BOARD
     (IFSB)
36

        Islamic Financial Services Board (IFSB) was
         established in 2002.
        The establishment of the IFSB will set the stage for
         the adaptation, harmonization and development of
         the international regulatory and supervisory
         standards as well as best practices for the
         governance of all financial institutions offering Islamic
         financial services and products.
        The nine founding members are
         Bahrain, Indonesia, Iran, Kuwait, Malaysia, Pakistan,
          Saudi Arabia, Sudan and the Islamic Development
         Bank, The IFSB secretariat is located in Kuala
         Lumpur. Malaysia.
        The Board will also contribute towards ensuring the
         soundness and stability of the Islamic financial
         system, thus paving the way for Islamic banking to
         expand globally.
LICENSING OF FOREIGN ISLAMIC BANKS AND
     ISLAMIC BANKS SUBSIDIARIES
37

        The financial liberation of the Islamic banking sector
         was introduced on 2007 with the issuance of three
         new Islamic bank licenses under the Islamic Banking
         Act 1983 (IBA)
        The new entries of the foreign Islamic banks were in
         line with the recommendations of the Financial
         Sector Master plan (FCMP) to position Malaysia as
         an international Islamic financial hub.
        The presence of foreign players will promote healthy
         competition which is necessary to elevate the
         industry to new levels of dynamism as well as to
         accelerate the global integration the domestic Islamic
         banking system.
        It will also promote greater economic and financial
         linkages between Malaysia and the Middle East, and
         foster greater harmonization in terms of Shariah
         interpretation and understanding.
LICENSING OF FOREIGN ISLAMIC BANKS AND
     ISLAMIC BANKS SUBSIDIARIES
38


        In 2004, BNM also continued to further
         strengthen the overall infrastructure development
         of the Islamic banking system as the Islamic
         banking industry entered a more advanced stage
         of development.
        The window-based’ institutional structure was
         reviewed to further strengthen and elevate the
         development of domestic Islamic banking
         industry through a new enabling institutional
         structure.
        The domestic banking groups and foreign Islamic
         Banking Scheme (IBS) banks were encouraged
         to set up Islamic subsidiaries (IS) as full-fledged
         Islamic banks which would be licensed under the
FINANCIAL SECTOR MASTER PELAN FOR ISLAMIC
     BANKING
39


        Financial Sector Master Pelan was launched on
         March 2001 incorporates 10 years master plan
         for Islamic banking a
        FSMP’s aim is to create an efficient, progressive
         and comprehensive Islamic financial system that
         contributes significantly to the effectiveness and
         efficiency of then Malaysian financial sector.
        FSMP provides recommendations which focus
         on three main areas:
          institutional capacity enhancement
          financial infrastructure development
          regulatory framework development
VISION OF ISLAMIC BANKING AND
     TAKAFUL
40

        Constitute 20% of the banking and insurance market share
         with an effective contribution to the financial sector of the
         Malaysian economy
        Represented by a number of strong and highly capitalized
         IBIs and takaful operators offering a comprehensive and
         complete range of Islamic financial products and services
        Underpinned by a comprehensive and conducive Shariah
         and regulatory framework;
        Supported by a dedicated institution (Shariah commercial
         court) in the judiciary system that addresses legal issues
         related to Islamic banking and takaful
        Supported by a sufficient number of well-trained, high
         caliber individuals and management teams with the required
         expertise;
        Malaysia as a regional Islamic financial center.
CONCLUSION
41


        Islamic banking system has experienced a rapid
         growth and tremendous development since its first
         debut in 1983
        Various measures have been adopted by the
         authorities in implementing the Islamic banking
         system with a step by step and open-minded
         approach with each step taken after careful
         consideration of all implications.
        In order to he a viable Islamic banking system, all the
         basic elements towards this purpose were being
         established by the authority.
        These include a large number of
         products, instruments and institutions and the
         establishment of an Islamic money and capital
         market which would link the institutions and the
42   END OF CHAPTER

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Development of Malaysia's Islamic Financial System

  • 1. Mahyuddin Khalid emkay@salam.uitm.edu.my ISLAMIC FINANCIAL LEGAL FRAMEWORK DEVELOPMENT OF THE MALAYSIAN ISLAMIC FINANCIAL SYSTEM
  • 2. CONTENT 2  MALAYSIAN ISLAMIC FINANCIAL SYSTEM  HISTORICAL DEVELOPMENT OF ISLAMIC BANKING  NSC REPORT ON BANK ISLAM MALAYSIA  1ST PHASE OF DEVELOPMENT  2ND PHASE OF DEVELOPMENT  3RD PHASE OF DEVELOPMENT  CONCLUSION
  • 3. MALAYSIAN ISLAMIC FINANCIAL 3 SYSTEM  Comprehensive Islamic financial system covering all financial sectors  operating in parallel with conventional financial system  Diversities of players  Twelve full-fledged Islamic banking institutions  2 domestic Islamic banks  3 full-fledged foreign owned Islamic banks  7 Islamic banking subsidiaries  9 takaful operators  Sound and robust Islamic financial institutions governed by international best practices  Rapid growth with wide range of product and services  Retail, corporate & investment banking  Internationally integrated with international Islamic financial system
  • 4. HISTORICAL LANDMARKS IN ISLAMIC FINANCE DEVELOPMENT 1963 • Mit Ghamr, Egypt 1969 • Pilgrims’ Fund Board (Lembaga Tabung Haji), Malaysia 1970 • Oil boom • Islamic Development Bank, Saudi Arabia 1975 • Dubai Islamic Bank, UAE • Fatwa issued by the Fiqh Council of Muslim World League in favour of Islamic insurance 1977 (takaful) 1978 • Luxembourg Islamic Bank (1st attempt in the West ) • Sudanese Islamic Insurance Company is established as the world’s 1st Takaful company by 1979 Faisal Islamic Bank of Sudan 1983 • Malaysia passes comprehensive legislation on Islamic finance (Islamic Banking Act) • OIC Islamic Fiqh Academy legitimizes Sukuk which paves the way to the development of 1988 Islamic debt securities 1990 • World 1st sukuk issued in Malaysia (Based on BBA) by Shell MDS worth USD 30 million 1991 • AAOIFI , Bahrain 2002 • IFSB, Malaysia 2011 • International Islamic Liquidity Management (IILM), Malaysia 4
  • 5. HISTORICAL DEVELOPMENT OF ISLAMIC BANKING 5  Traditional Malay Muslim society is very cautious in involving themselves in riba transactions  In order to avoid interest-based transactions in getting cash or liquidity, they practice a local customary transaction known as jual janji (conditional sale).  The Courts recognize jual janji as a Malay customary transaction arising out of religious consideration  According to Ungku A. Aziz, the main purpose of savings for Malay Muslims was to meet the expenses for the journey to perform haj, thus they preferred to use traditional ways of savings.
  • 6. HISTORICAL DEVELOPMENT OF ISLAMIC BANKING 6  In Malaysia, Islamic banking can be traced back to its root in 1963, with the establishment of the Lembaga Urusan dan Tabung Haji (LUTH), which was the first Islamic savings institution for the special purpose of performing hajj.  Islamic resurgence in the Middle Eastern countries had initiated the call for the establishment of an Islamic financial system that would allow Muslims to practice their banking and finance according to Shariah principles.  This can be seen with the establishment of Islamic Development Bank in Jeddah in 1974 and Dubai Islamic Bank in 1975, being the first Islamic commercial bank.
  • 7. HISTORICAL DEVELOPMENT OF ISLAMIC BANKING 7  Move towards establishing an Islamic bank in Malaysia was initiated by various private parties  e.g during the Kongres Ekonomi Bumiputera (The Bumiputera Economic Congress) in 1980 and at the National Seminar on Konsep Pembangunan Dalain Islam (the Concept of Development in Islam).  A resolution was passed calling off the Government to allow LUTH to establish an Islamic hank in Malaysia in order to mobilise and invest the funds of the Malays and the Muslims.  Main factors contributing to the successful growth of Islamic banking in this country:  Support and encouragement from the government  Commitment and dcdicat ion of the regulatory authority  Favourable economic environment  Creativity of the financial engineers in designing new products.
  • 8. HISTORICAL DEVELOPMENT OF ISLAMIC BANKING 8  LUTH undertook a study on the establishment of an Islamic bank in Malaysia.  The government accepted the proposal by LUTH and appointed a National Steering Committee on Islamic Bank (NSC) to study various proposals for the establishment of an Islamic bank.  The NSC was given the following tasks:  To study and identify various critical aspects of Islamic banking such as the basis of the establishment, areas of operation and business relationships with the customers and other financial institutions.  To examine the suitability of Islamic banking in the Malaysian context from various points of view including religious, legal, racial, social and development; and  To present to the Government recommendations regarding the establishment of ‘Bank Islam Malaysia’
  • 9. NSC REPORT ON ‘BANK ISLAM MALAYSIA’ 9  An Islamic bank, which operates according to the rules of Shariah, should be established; provide services and operating profitably.  Only one Islamic bank should be established.  The proposed Islamic bank should be incorporated as a limited company under the Companies Act 1965.  The Islamic Banking Act needs to be legislated in order to provide for the licensing and supervision of the Islamic bank  The Central Bank should administer the Islamic Banking Act.  The proposed Islamic bank should set up a Religious Supervisory Council to supervise the compliance of its operations with Shariah principles.  The proposed Islamic bank should be named ‘Bank Islam Malaysia’.
  • 10. STAGES OF DEVELOPMENT 10 Gradual and pragmatic Milestones 1969 1983 1993 2003 Pilgrimage Fund Board Full-fledged Bank Islam Bank Muamalat Foreign Islamic Islamic banks Malaysia Bhd. Malaysia Bhd. banks Conventional banks offer Islamic window Islamic subsidiary Islamic money markets Takaful Syarikat Takaful Takaful Nasional, Mayban Takaful, Takaful Operators Malaysia Bhd. Iklhas, Commerce Takaful ..achieved significant milestones in building comprehensive and integrated Islamic financial system with diversity of players….
  • 11. DEVELOPMENTAL FOCUS Institutional & Regulatory Development Enhancement Product and of knowledge market and expertise development Legal and Shariah framework 11
  • 12. 1st PHASE OF DEVELOPMENT 12  All recommendations of the NSC Report were accepted by the Government.  The Islamic Banking Bill was passed and the IBA came into force on 7th April 1983.  Consequently, the Islamic bank was incorporated and officially launched on July 1, 1983.  The establishment of BIMB marked a new milestone for the development of the Islamic financial system in Malaysia.
  • 13. LEGISLATION OF THE ISLAMIC BANKING ACT (IBA) 1983 13  To enable an Islamic bank to be established and operated in Malaysia, a suitable legal framework according to the Shariah principles should be provided.  The existing Banking Act 1973 (now replaced by BAFIA 1989), did not conform with the principles of Islamic banking because :  It required all banks to operate on the basis of interest  Prohibited all types of trading  The Islamic Banking Act (IBA) 1983 was legislated in March 1983 provided BNM with the power to supervise and regulate Islamic banks.  IBA was the first act to provide the necessary amendments to allow Islamic banks to operate without interest as well as to engage in trade and commerce.
  • 14. THE ESTABLISHMENT AND DEVELOPMENT OF BIMB 14  BIMB was incorporated as a public limited company to enable the Bank to conduct its activitics freely without being constrained by regulations imposed on statutory bodies.  Even though BIMB was a private company, the largest portion of its shares should be held by the Government to generate the public’s confidence in the bank.  BIMB was established with the initial paid-up capital of RM80 million consist of :  Malaysian Government RM30 million  LUTH RM10 million  Muslim Welfare Organization of Malaysia RM5 million  State Religious Councils RM20 million  State Religious Agencies RM3 million  Federal Agencies RM12 million
  • 15. THE ESTABLISHMENT AND DEVELOPMENT OF BIMB 15  The corporate objective of the Bank was to provide banking facilities and services in accordance with Islamic commercial law.  In order to supervise its operations to ensure its compliance with the principles of Shariah, the Bank had to set up a Shariah Supervisory Council.  BIMB was listed on the main board of the Kuala Lumpur Stock Exchange (KLSE) on 17 January 1992  After 23 years in existence, BIMB has proven that Islamic banking is viable and has demonstrated its ability and capacity to operate in parallel with conventional banks with the
  • 16. LEGISLATION OF GOVERNMENT INVESTMENT ACT 1983 16  BIMB was required to undertake short-term investments, as well as a fund management measure to meet its liquidity requirements prescribed by BNM.  The existing avenue for short-term investments was by way of purchases of Government papers in the form of Malaysian Government Treasury Bills (MGTB) and Malaysian Government Securities (MGS) that bore interests and BIMB could not invest in them.  The NSC proposed that the Government Investment Act (GIA) be legislated to enable the Government to issue Government Investment Certificates on the basis of Islamic principles.  GIA provided the solution to the problem of acquiring interest—free short-term investments which acted as an instrument to absorb surplus funds in the short run, a common problem faced by the Islamic Bank in the absence of an Islamic money market.
  • 17. ESTABLISHMENT OF SYARIKAT TAKAFUL MALAYSIA BERHAD 17  The NSC was of the view that the Islamic bank was responsible in ensuring the safety and security of its own assets and securities against loss, damage and destruction and recommended that an Islamic Insurance company should be established  Takaful Act were enacted in 1984 based on the Insurance Act 1973, with such modifications and amendments to conform with the Shariah and takaful business practices.  The first Islamic insurance operator Syarikat I Takaful Malaysia Sdn. Bhd. (STMB) was incorporated in November 1984 as a subsidiary of BIMB  With the establishment of STMB, other subsidiaries like Syarikat Wakalah Sdn Bhd (providing nominee and investment fund services for the bank) and Al- Ijarah Sdn. Bhd.(providing leasing finance) were also set up.
  • 18. 2nd PHASE OF DEVELOPMENT 18  The government decided that for the first 10 years there should be only one Islamic bank before establishing other Islamic banks.  This decision was to enable BIMB to focus on the growth of Islamic banking and to develop as many Islamic banking products and services as possible without any competition  By the mid of December 1993, BIMB had developed 21 Islamic banking products and instruments covering a wide area of banking activities.  The second phase of the development of Islamic banking started in early 1990s when BNM outlined objective to develop a comprehensive and vibrant Islamic banking system operating side by side with the conventional banking system.
  • 19. 2nd PHASE OF DEVELOPMENT 19  During the first ten years, the development of Islamic bank emphasis on creating a large number of different types of Islamic financial instruments.  Although BIMB was established in 1983. the Bank was still not able to serve the entire needs of the population, due to several constrained of the limited number of branches and resources.  The establishment of a large number of institutions offering Islamic financial services is necessary to further develop Islamic bank. For this purpose, three alternatives were considered by the authority:  Establish new Islamic banks  Allow the conventional banks to set up Islamic banking subsidiaries  Allow the existing conventional banking system to offer Islamic banking services  After careful consideration, the third alternative was chosen as it was considered the most efficient and effective way of expanding Islamic banking
  • 20. SKIM PERBANKAN TANPA FAEDAH 20 (SPTF)  BNM introduced a scheme named Interest-Free Banking Scheme (Skim Perbankan Tanpa Faedah) (SPTF) in March 1993 to allow the existing conventional banking system to offer Islamic banking services  Through SPTF, conventional banks were allowed to introduce and offer Islamic banking services and facilities at their counters using their existing infrastructure, including staff and branches.  By the end of end of June 1999, the number of participating banking institutions increased significantly to 54, comprising 24 commercial banks, 18 finance companies, 5 merchant banks and 7 discount houses  Although the participation of the banking institutions was voluntary, they had to comply with the requirements of the guidelines issued by BNM.
  • 21. SKIM PERBANKAN TANPA FAEDAH 21 (SPTF)  BNM has introduced various measures and policies to meet up the requirements:  To establish an Islamic Banking Unit (IBU) to be headed by a senior Muslim banker  To create an Islamic Banking Fund (IBF) with the minimum allocation of RM1 million  To open separate current/clearing accounts for Islamic banking operations with BNM  To register as Indirect Members under the wholesale payments system, SPEEDS (Sistem Pcmindahan Elektronik untuk Dana dan Sekuriti) (now RENTAS)  To observe a separate cheque clearing system for Islamic banking.  To maintain separate ledgers for their Islamic banking operations.  To appoint at least one Shariah consultant to advise on operations of their Islamic banking division.  These requirements would ensure that the banks did not co- mingle the funds freely without proper internal controls.
  • 22. SKIM PERBANKAN ISLAM (SPI) 22  In 1998, BNM replaced the SPTF with Islamic Banking Scheme (IBS) or known as Skim Perbankan Islam (SPI) effective from 1st December 1998.  All banking institutions participating in the SPI were required to upgrade their Islamic Banking Unit (IBU) to Islamic Banking Division (IBD) and headed by a Muslim senior management officer of the bank and reports to the Chief Executive Officer (CEO)  The minimum funds of Islamic banking were raised from RM 1 million to:  RM5 million for commercial banks, gradually increased to RM20 million by 31 December 2000  RM5 million for finance companies, gradually increased to RMI0 million by 31 December 2000  RM3 million for merchant banks, gradually increased to RM6 million by 31 December 2000.  Beginning from 4 January 1999, discount houses were permitted to participate in the SPI.
  • 23. ISLAMIC INTER-BANK MONEY 23 MARKET  The establishment of the Islamic money market on 3 January 1994 was the last element for the Islamic banking system to function as a full-fledged banking system.  BNM decided to implement the Islamic Money Market based on the concept of mudharabah or profit- sharing  The development of an Islamic money market was crucial as an essential avenue to provide a ready source of short-term investment based on Shariah principles in case of temporary shortage or surplus of funds faced by Islamic banks.  The Islamic money market comprised 3 components:  Trading of Islamic Financial Instruments  Mudarabah Interbank Investments (MII)  Islamic Cheque Clearing System (ICCS)
  • 24. ISLAMIC CAPITAL MARKET 24  Islamic capital market is one of the components in the overall capital market in the country.  It functions as a parallel market to the conventional capital market for capital seekers and providers, and plays a complementary role to the Islamic banking system in broadening and deepening the Islamic financial markets in Malaysia.  The government established the Securities Commission (SC) as the sole regulatory body for the regulation and development of capital market on 1 March 1993.  SC has identified the development of ICM as one of its main agenda in the Capital Market Masterplan (CMMP) of Malaysia, launched on 22 February 2001.  One of the main objectives set by the CMMP was to establish Malaysia as an International Islamic Capital Market Centre.
  • 25. ISLAMIC CAPITAL MARKET 25  The SC’s efforts to develop the ICM by setting up of the necessary infrastructure:  Establishing an Islamic Capital Market Unit (ICMU)  to carry out research and development of ICM instruments  analyzing the existing securities from Shariah perspectives  Establishing Islamic Instruments Study Group (IISG)  to advise the SC on development ICM  to study issues related to the operation of the ICM  Establishing Shariah Advisory Council (SAC) of SC  succeeded the role and function of IISG  to ensure that the operation of the ICM conform to Shariah principles  to advise the SC on all matters related to the development of the Islamic capital market  as a reference center for issues related to Islamic capital market.
  • 26. ISLAMIC CAPITAL MARKET 26  The SC’s efforts to develop the ICM by broadening and strengthen the market such as:  Analyzing existing conventional capital market instruments to determine its validity from the Shariah perspective,  Formulating and developing new financial instruments based on Shariah principles  Reviewing and identifying the activities companies listed on the KLSE for the issuing of the Shariah approved counter list.  The ICM comprises :  Primary market  New issues of Islamic Government securities and the Islamic Corporate securities are offered to the public  Secondary market,  Existing Islamic Government securities and Islamic Corporate securities are traded; the equity market and the unit trust.
  • 27. SHARIAH ADVISORY COUNCIL (SAC) OF THE BNM 27  BNM established its Shariah Advisory Council (SAC) on Islamic Banking and Takaful on 1 May 1997 to streamline and harmonise the Shariah interpretations among banks and takaful companies.  The SAC took over the role of SAC of Bank Islam as the consultant to the IBS banks pertaining to Shariah issues.  Prior to the establishment of SAC, there were some differences in opinion among Shariah consultants on similar issues which might obstruct the development of IBS.  The SAC is the highest authority in deciding Shariah issues pertaining to Islamic banking and takaful operations in Malaysia.  Members of SAC comprise academicians and Shariah experts who posses vast knowledge and experience in the areas of Islamic banking and finance.
  • 28. SHARIAH ADVISORY COUNCIL (SAC) OF THE BNM 28  The primary objectives of NSAC are as follows:  To act as the sole authoritative body to advise BNM on Islamic banking and takaful operations  To co-ordinate Shariah issues with respect to Islamic banking, finance and takaful  To analyze and evaluate Shariah aspects of new products/ schemes submitted by the banking institutions and takaful companies.
  • 29. ESTABLISHMENT OF THE SECOND ISLAMIC BANK 29  The second Islamic bank in Malaysia, Bank Muamalat Malaysia Berhad (BMMB) was established on 1 October 1999.  The establishment of BMMB arose from the merger of Bank Bumiputra Malaysia Berhad (BBMB)and Bank of Commerce (M) Berhad (BOC).  Under the merger arrangement, the Islamic banking assets and liabilities of BBMB, BOC and BBMB Kewangan Berhad (BBMBK) were transferred in BMMB, while the conventional operations of BBMB, BOCB and BMBK were transferred to BOCB.  The establishment of the second Islamic bank has contributed to the rapid growth of the Islamic banking system.
  • 30. DEVELOPMENT FINANCIAL INSTITUTIONS (DFIS) 30  The aspiration of BNM to develop a comprehensive Islamic banking system had stimulated the non-banking financial intermediaries to offer Islamic banking products and services includes:  Bank Simpanan Nasional (BSN)  Bank Kerjasama Rakyat Malaysia (BR)  Development Finance Institutions (DFIs) i.e. Bank Pembangunan dan Infrastruktur Malaysia (BPIM) and Bank Pertanian Malaysia (BPM).
  • 31. 3rd PHASE OF DEVELOPMENT 31  With the rapid development of the Islamic financial industry on the global front, the Government has promoted Malaysia as a regional Islamic financial centre.  The government has declared Labuan as an International Offshore Financial Centre (IOFC) to promote Malaysia as an international Islamic financial centre.  BNM has participated actively to enhance the development of Islamic banking and finance such as the formation of an International Islamic Financial Market (IIFM) and the setting up of the Islamic Financial Services Board (IFSB).
  • 32. LABUAN AS AN ISLAMIC IOFC 32  Government has made a decision to promote Labuan as an International Offshore Financial Centre (IOFC) to position itself as an international center for offshore Islamic banking and finance with the objectives:  To complement domestic financial activities in Kuala Lumpur  To strengthen the contribution of the financial services sector in the gross national product of Malaysia  To promote the economic development of Labuan  Labuan with the status of IOFC has the advantage to attract international banking business by:  reducing or eliminating the need for full compliance with local capital requirements  having lower licence fees, corporate taxes and other business levies
  • 33. INTERNATIONAHSLAMIC FINANCIAL MARKET (IIFM) 33  Labuan Offshore Financial Services Authority (LOFSA) was established and responsible for setting national objectives, policies and priorities for the development and administration of offshore financial services in Labuan.  In its efforts to develop Labuan as an Islamic IOFC, LOFSA worked with Islamic scholars to identify potential offshore activities as well as to develop viable Islamic financial instruments which would attract Islamic investors to the Labuan  Following this, Malaysia, Bahrain, Indonesia, Sudan, Iran and the Islamic Development Bank (IDB) established an IIFM Board April 2002  The IIFM Board was entrusted to develop and supervise the development of the IIFM and supported by two committees, the Market and Product Development Committee MPDC and the Shariah Supervisory Committee (SSC).
  • 34. INTERNATIONAHSLAMIC FINANCIAL MARKET (IIFM) 34  LOFSA initiated the establishment of a global network of Islamic financial markets known as International Islamic Financial Market (IIFM) with the objectives:  To establish a structured global financial market that is based on Shariah principles  To enhance the cooperative framework among Islamic countries and financial institutions  To generate the liquidity, creation and trading of financial instruments, thus enhancing investment opportunities and spins-off of other related services and activities such as custodial, brokerage and treasury.  To promote greater awareness of Islamic banking and finance, and facilitate cross border transactions.
  • 35. FIRST SOVEREIGN GLOBAL ISLAMIC SUKUK 35  Malaysia successfully launched the first Sovereign Global Islamic Sukuk, structured on the principle of ijarah on 25 June 2002.  The launching of the global Islamic bond signified Malaysia’s strong commitment in supporting the development of Islamic banking and finance on the global front.  The move to access the international Islamic capital market would give impetus to the development of the Islamic financial market.
  • 36. ISLAMIC FINANCIAL SERVICES BOARD (IFSB) 36  Islamic Financial Services Board (IFSB) was established in 2002.  The establishment of the IFSB will set the stage for the adaptation, harmonization and development of the international regulatory and supervisory standards as well as best practices for the governance of all financial institutions offering Islamic financial services and products.  The nine founding members are Bahrain, Indonesia, Iran, Kuwait, Malaysia, Pakistan, Saudi Arabia, Sudan and the Islamic Development Bank, The IFSB secretariat is located in Kuala Lumpur. Malaysia.  The Board will also contribute towards ensuring the soundness and stability of the Islamic financial system, thus paving the way for Islamic banking to expand globally.
  • 37. LICENSING OF FOREIGN ISLAMIC BANKS AND ISLAMIC BANKS SUBSIDIARIES 37  The financial liberation of the Islamic banking sector was introduced on 2007 with the issuance of three new Islamic bank licenses under the Islamic Banking Act 1983 (IBA)  The new entries of the foreign Islamic banks were in line with the recommendations of the Financial Sector Master plan (FCMP) to position Malaysia as an international Islamic financial hub.  The presence of foreign players will promote healthy competition which is necessary to elevate the industry to new levels of dynamism as well as to accelerate the global integration the domestic Islamic banking system.  It will also promote greater economic and financial linkages between Malaysia and the Middle East, and foster greater harmonization in terms of Shariah interpretation and understanding.
  • 38. LICENSING OF FOREIGN ISLAMIC BANKS AND ISLAMIC BANKS SUBSIDIARIES 38  In 2004, BNM also continued to further strengthen the overall infrastructure development of the Islamic banking system as the Islamic banking industry entered a more advanced stage of development.  The window-based’ institutional structure was reviewed to further strengthen and elevate the development of domestic Islamic banking industry through a new enabling institutional structure.  The domestic banking groups and foreign Islamic Banking Scheme (IBS) banks were encouraged to set up Islamic subsidiaries (IS) as full-fledged Islamic banks which would be licensed under the
  • 39. FINANCIAL SECTOR MASTER PELAN FOR ISLAMIC BANKING 39  Financial Sector Master Pelan was launched on March 2001 incorporates 10 years master plan for Islamic banking a  FSMP’s aim is to create an efficient, progressive and comprehensive Islamic financial system that contributes significantly to the effectiveness and efficiency of then Malaysian financial sector.  FSMP provides recommendations which focus on three main areas:  institutional capacity enhancement  financial infrastructure development  regulatory framework development
  • 40. VISION OF ISLAMIC BANKING AND TAKAFUL 40  Constitute 20% of the banking and insurance market share with an effective contribution to the financial sector of the Malaysian economy  Represented by a number of strong and highly capitalized IBIs and takaful operators offering a comprehensive and complete range of Islamic financial products and services  Underpinned by a comprehensive and conducive Shariah and regulatory framework;  Supported by a dedicated institution (Shariah commercial court) in the judiciary system that addresses legal issues related to Islamic banking and takaful  Supported by a sufficient number of well-trained, high caliber individuals and management teams with the required expertise;  Malaysia as a regional Islamic financial center.
  • 41. CONCLUSION 41  Islamic banking system has experienced a rapid growth and tremendous development since its first debut in 1983  Various measures have been adopted by the authorities in implementing the Islamic banking system with a step by step and open-minded approach with each step taken after careful consideration of all implications.  In order to he a viable Islamic banking system, all the basic elements towards this purpose were being established by the authority.  These include a large number of products, instruments and institutions and the establishment of an Islamic money and capital market which would link the institutions and the
  • 42. 42 END OF CHAPTER