Saturday 23 October 2010

London IIBI Monthly Lecture: 26th November 2010

Topic; Shari’ah Parameters for Risk Management
of Islamic Financial Institutions
Speaker: Assoc. Prof. Dr Asyraf Wajdi Dusuki
Head of Research Affairs, 
International Shari’ah Research Academy for Islamic Finance (ISRA) 
Date : 26th November 2010  
Time : 6.15pm
Venue: British Bankers' Association
Pinners Hall, 105 - 108 Old Broad Street, London EC2N 1EX

(This building is near Liverpool Street, Bank and Moorgate Underground Station)
About the Lecture:
Islam prescribes certain measures to manage and minimise risk. This is in line with the spirit and direction of Divine Guidance, the Quran and the Tradition of the
Prophet Muhammad (peace be upon him), which among others advocates the concept of preservation of wealth is one of the most important objectives of Shari’ah. Therefore the concept of risk management has a strong basis in Shari’ah and has great implications for Islamic finance operations. Essentially Islamic finance is not immune to being exposed to numerous risks either endogenously or exogenously. The lecture therefore aims to review the structure and mechanism of various risk management tools and instruments namely, Islamic Forwards, Options and Swaps. Specifically,  the lecture shall highlight the Shari’ah
parameters and guidelines in structuring various Islamic Risk Management instruments. Although these instruments have their own advantages as risk management tools which appeal to Islamic financial institutions, their use are restricted only for hedging purposes and not for speculative trading activities.

About the Speaker:
Associate Professor Dr Asyraf Wajdi Dusuki is currently Head of Research Affairs at the International Shari’ah Research Academy for Islamic Finance (ISRA). Prior to joining ISRA, he was an Assistant Professor of Islamic Banking at the Kulliyyah of Economics and Management Sciences, International Islamic University Malaysia (IIUM). Apart from serving ISRA, he also serves as a Chairman of Affin Group Shari’ah Committee and Shari’ah consultant and advisor to several financial institutions and advisory firms including UK-based Mortgage Company Chain Mender Limited and Industries PLC. He holds Ph.D in Islamic Banking and Finance from Loughborough University, United Kingdom and is a frequent speaker in Islamic seminars and conferences.
He has published in numerous international and local refereed academic journals. One of his article entitled “Banking for the Poor: The Role of Islamic Banking in Microfinance Initiatives” has been awarded the 2009 Outstanding Paper Award by the well-known International Referred Journal, Article Publisher Emerald Literati Network.



Downlord pdf Format details from here



Alternatively, please contact:
Ms Farida Rahman
Email. 
farida.r@islamic-banking.com
T. +44 (0)20 7245 0404







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London-IIBI Magazine NEWHORIZON Lastest Issue Out Now

The latest edition of our quarterly magazine, NewHorizon, is now available to download. In it we celebrate the first 20 years of the Institute’s work (Page 9) and examine how best we can continue to contribute to the development of our industry in the future.


If Islamic finance is to prosper, then it must remain true to the principles which underpin it. In this edition of NewHorizon, a number of our contributors question whether this is always the case:

• Organised Tawarruq in Practice (Page 16): there is a widespread practice of using tawarruq as a liquidity tool – but Dr Salman H. Khan questions whether it is legitimate if  the bank organises the commodity purchase itself?

• Islamic Perspectives on Islamic FX Forward (Page 14) Dr Asyraf Wajdi Dusuki shows  that the use of FX Forward instruments should be restricted to pure hedging operations

• The Moral Economy (Page 39), our book review looks at Shafiel Karim’s examination of whether our industry lives up to the demands of Islamic morals and ethics, and whether it is bound to fail due to the contemporary pressures of world financial markets.

And what are the other factors that are necessary for the success of Islamic finance? Usman Hayat’s ‘Point of View’ (Page 27) is that in secular economies, it should emphasise its ethical foundation in order to have broader appeal than just to the Muslim community.

In the news we report on the re-financing of the Islamic Bank of Britain (Page 8), and look at its prospects for the future. We also congratulate Volaw (Page 7) for being judged the best Islamic administrator/trustee and HSBC for opening its first dedicated Islamic banking branch in Qatar.

The lecture reports are on:The Regulation and Taxation of Islamic Finance in the UK by Mohammed Amin (page 22) and Equity screening and purification by Asim Khan (page 23).

In our own news we announce the launch of our Certificate in Takaful (page 31) and report on our workshop on Structuring Innovative Islamic Financial Products (Page 35). And on Page 38 is the first of our regular coverage of Technology News in the industry.

We hope you will find this edition interesting and that you will consider subscribing to the printed version (please visit the IIBI website at www.islamic-banking.com).



Download NewHorizon, Latest Issue, (October-September 2010, Issue 177), from here (Click)



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Thursday 21 October 2010

The CSR blames the public sector for capitalism’s failure

Six million public sector workers wait with bated anticipation for the Comprehensive Spending Review (CSR) on 20 October 2010. Public sector cuts totalling £83billion are to be announced with some Government departments likely to see cuts in their budgets of up to 40%. The CSR is the Coalition Government’s response to the UK’s fiscal deficit totalling £153billion.

The near collapse of the capitalist financial system in 2008, with the then Labour Government bailing out banks wholesale, was a major contributor to the record deficit. Increased social security payments and lower tax revenues during the recession combined with subsequent fiscal stimulus spending to revive the economy were other contributory factors.
With the UK economy yet to claw back much of the lost output from the recession there is a real danger that the record public spending cuts will push the UK in to a double dip recession. Reducing social security payments in the form of universal state support like child benefit with 5 million people dependent on out-of-work benefits and the economy on the brink of another recession is fermenting civil strife, strikes and unrest.
UK policymakers are now resorting to currency wars – artificially devaluing the Sterling exchange rate as a last resort in order to stimulate export growth – exposing the absurdity of Fiat currency,
These economic events reveal the following:
  • Both the left and right offer the same bankrupt capitalist model. At best the difference is in style alone – with Labour only differing from the Coalition in the speed and scale of cuts.
  • Removing benefits and new taxes are never non-negotiable despite political posturing from both the left and the right
  • Both the left and right safeguard vested business interests ensuring the majority of people do not benefit in times of boom while in times of recession and adjustment pay the price for capitalism’s failures
  • Both left and right have presided over booms and busts showing that it’s an inherent feature of the capitalist model whichever party is in government
Systemic flaws in the capitalist financial model were exposed during the financial crisis. The subsequent recession and now the CSR reveal the cruel nature of capitalism, which oppresses the weak and vulnerable while making the rich even richer whether during boom or bust. (HTB)

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Wednesday 20 October 2010

The Floods Reveal the Failure of the Political System of Pakistan

Although no longer in the headlines, the floods continue to impact our brothers and sisters in Pakistan. According to the UN, 20 million people still continue to be affected by the floods. As an Ummah we cannot rely on the Pakistani government or any other Muslim government to alleviate the suffering of our brothers and sisters. Instead, we must dissociate ourselves from these governments and work to re-establish the Khilafah Rashidah in Pakistan and in the rest of the Muslim world according to the method of RasulAllah (saw).

As reported in the Express Tribune, the UN High Commissioner of Refugees stated that, “the situation remained ‘critically difficult’ in some areas, while shelter and recovery for hundreds of thousands of people was still short nearly 10 weeks since flooding began.” He also stated that, “we need to draw the international community’s attention that the emergency in Pakistan is not over...Making sure 20 million people are rehabilitated I think is an international obligation: we are looking at a geopolitical situation where the stability of Pakistan we feel is in everybody’s interest.” Channel 4 reported that seven weeks after the initial trip to Chek Hisara, the government has still not visited the people as they continue to suffer under miserable conditions. Akhtar Munir told Channel 4: "We have no shelter. Children are suffering from diseases. There are not enough medicines. The government has not done anything."

Flood Aftermath: Continued suffering
Based on various media reports the following numbers paint a picture of the current situation of our brothers and sisters in Pakistan:

  • 20 million need some type of assistance due to the floods. To put in perspective, this would represent about 95% of the combined populations of Ontario and Quebec.
  • 6 million children have been impacted, which is more than the population of the Greater Toronto Area.
  • 3.5 million children are affected by diseases, such as diarrhea, dysentery, and are at the risk of cholera.
  • 2.7 million people are displaced in the hard hit areas of Balochistan and Sindh.

Pakistani Political Class: Unapologetically Corrupt
Despite having had over two months to put together an action plan to resolve the crisis, the Zardari-Gilani government continues to act in a criminally negligent manner. As noted above, the flood victims have been left to fend for themselves. Instead of acting resolutely to alleviate the suffering of the people, the government is debating the levying of a flood tax. Some may argue it is the only way to raise funds as the Pakistani economy is bankrupt. However, the ruling elite had no problem spending $35 billion on America’s so called war on terror. In other words, attending to the flood victims is not a priority – but acting as America’s lap dog is. Furthermore, the corruption is not limited to Zardari (who was too busy vacationing in Europe when the crisis was unfolding) or Gilani (who staged a visit to a fake flood relief camp with paid actors pretending to be flood victims), but it is also widespread in the political class at large. A report released by the Pakistan Institute of Legislative Development and Transparency (PILDAT) found that the average value of declared assets of a Member of the National Assembly (MNA) had tripled in six years from Rs. 27 million in 2002-2003 to almost Rs. 81 million 2008-2009. The report found the richest MNA to be from the PPP with Rs. 3.288 billion, while the second richest MNA was from the PML-N with Rs. 1.627 billion. These MNAs continue to become wealthier in a time when life is a struggle for the average person in Pakistan hit by the economic downturn, rising costs, and an unreliable power supply. As noted in an editorial piece for the Pakistani newspaper The Nation, the tripling of MNA assets “cannot fail to raise eyebrows and create all kinds of doubts, considering the corruption-ridden society we live in.” The shameless response of both Prime Minister Gilani and the leader of the opposition in the National Assembly, Chaudhry Nisar Ali Khan, to the report was to blame the media for not scrutinizing the assets of the judiciary, the army and others!

Obligation to cut ties from the System
The continuing tragedy of the floods illustrates the criminal negligence of not just the ruler, but the entire political system, the politicians, and the political parties, which are an integral part of the system. This system is beyond redemption and it is an obligation on all Muslims (in Pakistan or outside of Pakistan) to completely sever all ties and withdraw any support from the political system. This is based on the following ahadith by the Prophet (saw):

"There will be rulers after me, whoever testifies to their falsehood and lies, and helped them in their treachery, he is not from me, and I am not from him (i.e. I have nothing to do with him). He shall not come near me at the cistern (Hawdh Kauthar). And whoever does not testify to their falsehood and does not help them in their treachery, he is from me and I am from him and he shall meet me at the Hawdh." 
[an-Nasa’i]

"There will be rulers who will do things that you recognize and things that you reject. Whoever opposed them will be saved; whoever stays away from them will be secure, and whoever mixes with them will be destroyed."
[Al-Tabarani]

These ahadith make it clear that a Muslim cannot be neutral when it comes to the treacherous rulers and the corrupt political system. Instead, it is a fard (obligation) that we completely distance ourselves from their treachery and lies.

Consequently, a Muslim cannot be involved with the government in any way. This means that we:
  • Do not support or endorse the policies or laws that are proposed or implemented by the ruling or the opposition party(s),
  • Do not join or promote any political party running for office,
  • Do not vote for any of the parties that run for election,
  • Convince relatives, co-workers, neighbors, and others that they must not support any of the political parties, get involved in the political process, or vote in the elections.
  • Expose the lies, corruption, and criminal negligence of those who are involved in the political process.

No real change can ever come through the existing political system. This system, that was inherited from the colonial era, can never be reformed or improved, or bring any good to the Muslims. It will always oppress the ruled for the sake of the rulers because in its essence it is a kufr system built upon the implementation of the whims and desires of the colonial masters and its agent rulers. The same applies whether the ruler is a dictator, part of an assembly of parliamentarians or even a group of technocrats and "clean politicians". America first swapped Nawaz Sharif for Musharraf. Then when Musharraf attracted the anger of the Ummah, they swapped him for Zardari. Eventually, they will replace Zardari with some other agent. It is a system of whims and desires which exploits the ruled and denies them their rights and the blessings that Allah (swt) bestowed upon them. Indeed, Allah (swt) ordered that we rule by what He (swt) has revealed:

"And rule between them by all that which Allah revealed to you, and do not follow their vain desires away from the truth which came to you."
[TMQ 5:48]

Pakistan: The Challenge of Leadership
The current state of the Ummah in Pakistan with the floods, the continuous American bombardment, and the internal strife should not blind us from the fact that Pakistan is a wealthy country with significant potential. The country has the 7th largest army in the world, a population that is larger than Russia’s and significant mineral and energy resources. But most important of all, it is full of people who believe in Allah (swt) and His Messenger (saw). The following numbers give an idea of how wealthy Pakistan actually is:

  • Agriculture - Pakistan's largest food crop is wheat. Pakistan produces over 21 million metric tons of wheat, nearly as much as Canada (22.7 million metric tons; according to Statistics Canada). Pakistan is the 12th largest agricultural producer in the world with an agrarian output of $32 billion annually.
  • Thar Coal - The Thar Coal Field in Sindh is the world's largest coal field. The export of Thar Coal would generate revenues of over $1 trillion. Converted into oil, Thar Coal would generate over 650 billion barrels of crude oil, at the current market rate of $80 that would generate $5.2 trillion.
  • Reko Diq minerals - Reko Diq, a town in Baluchistan, possesses the world's 5th largest reserve of copper and over 20 million ounces of untapped gold reserves. Pakistan's gold reserves alone would bring in revenues of $25 billion (at current price of approximately $1300/oz).
  • Khewra Salt Mines - The Khewra Salt Mines has an estimated total of 220 million tonnes of rock salt deposits. At current market rates this would bring in revenues of $13.2 billion.
  • Off-shore oil - It is believed that the potential off-shore oil reserves range from 6 billion to 6 trillion barrels of oil. Successive governments in Pakistan have failed to carry out a scientific evaluation to determine the amount of oil that exists – once again demonstrating their incompetence and negligence.

Pakistan is therefore an immensely wealthy country, but its people are unable to benefit from the wealth due to the corrupt political system that governs them. Therefore, this system must be removed for the people to be able to enjoy the justice that the laws of Allah (swt) will bring when they are implemented, and to have access to the wealth that Allah (swt) has bestowed on Pakistan. Not to mention that Pakistan can become with Allah’s (swt) Will, the birth place of the second Khilafah Rashidah whose time draws nearer by the day.

The Way of the Prophet: The only Method for Change
When seeking a way out of the current turmoil that has gripped the Ummah in Pakistan and all Muslim lands it is crucial to turn to the book of Allah (swt) and the Sunnah of RasulAllah (saw). Any other method will fail. In Pakistan, we must work with the sincere groups who are working for real change. Real change can only come by replacing the entire system with what Allah (swt) has prescribed for us: the Khilafah State. Hizb-ut-Tahrir works in Pakistan and the Muslim lands to fulfill this obligation to re-establish the Khilafah Rashidah. In order to accomplish this obligation, the Party has adopted the method of RasulAllah (saw), which includes giving halaqat with the goal of attaining the Islamic personality, interacting with the Ummah to create positive public opinion for Islam, and seeking the support from the people of power and influence. Hizb-ut-Tahrir restricts its activities to intellectual and political means (e.g. discussion, leaflets, conferences, etc), as RasulAllah (saw) restricted himself to such means and forbade the Sahabah from using armed struggle in establishing the Islamic State. He (saw) also did not participate in the political system of the Quraish: Dar-al Nadwa. Consequently, Hizb-ut-Tahrir does not involve itself in the democratic systems. Instead, the Party works to expose the lies and treachery of the rulers and those who support them, as we have done in this leaflet.

May Allah (swt) grant victory to His Deen through the work of the sincere Muslims.

"It could be that you dislike something and it is Good for you and it could be that you like something and it is Bad for you. Allah knows and you know not"
[TMQ 2:216]

Friday 15 October 2010

Life doesn’t need to be so Taxing

As the new British ConDem government went into its first summer recess, the economy, the budget, the deficit and the national debt has dominated the government’s attention ever since it rose to power in May 2010.The Labour government constructed a national budget prior to the elections however the new government proposed to abrogate the budget and replace it with its own version.



The state budget has almost become a seminary event across the world.The government in power uses it as an opportunity to showcase its priorities, whilst the opposition use it to show the incompetency of the governing party. The ConDem government focused the budget prioritising the soaring deficit (this is the amount the government spends over what it gets each year in revenue – currently £160 billion) through saving money and using this to cut the deficit.
Fiscal policy is used by governments around the world to influence the economy. Governments use different kinds of taxes and vary the tax rates in order to ensure the economy functions. Historically, the nobility were supported by taxes on the poor; modern social security systems are intended to support the poor, the disabled, or the retired by taxes on those who are still working. In addition, taxes are applied to fund foreign and military aid.
Taxation is the most important source of revenue for modern governments, typically accounting for 90% or more of their income.The remainder of government revenue comes from borrowing. Countries differ considerably in the amount of taxes they collect. In the United States, about 30 percent of the gross domestic product (GDP), a measure of economic output, is collected in tax, whilst Britain’s tax base is over 50% of its economy.
The yearly budget as well as setting the types and modes of taxation, has a massive knock on effect on the economy. Consumer spending, saving and investment to a large extent will be influenced by the rates and types of taxation, alongside the new polices introduced in each budget. Such impact means a yearly budget by a government with a term of usually around 4 years, with many countries having mid-term elections – most governments are heavily influenced about remaining in power when they construct their budgets.The stress of the yearly budget is heightened by the fact that regular and random changes, which include new taxes cause much uncertainty which has a knock on effect on the wider economy and the choices a society makes with regards to their income and savings.
The Recent budget by the ConDem government included a pay freeze for all public sector staff for two years, it should be remembered that the public sector is one of the largest employers in the UK, a pay freeze for public sector staff in the midst of a shaky recovery will impact the UK’s recovery.The George Osborne constructed budget also included a hike in VAT and Capital gains taxes which are taxes on spending and profits, all those looking to make purchases or sell assets will need to think twice considering the additional tax due on them now.This is all taking place when the British economy needs increased spending to stimulate economic activity and create jobs. This lack of certainty and consistency is half the problem, taxation in the UK and the wider Western world is the real monster.
TAXES
Governments impose many types of taxes. In most developed countries, individuals pay income taxes when they earn money, consumption taxes when they spend it, property taxes when they own a home or land, and in some cases estate taxes when they die. In the United States, federal, state, and local governments all collect taxes.Taxes on people’s incomes play critical roles in the revenue systems of all developed countries. In the United States, personal income taxation is the single largest source of revenue for the government. In 2006 it accounted for nearly 50% of all federal revenues.
Alongside taxation on income, consumption taxes have come to symbolise the West, such tax is levied on sales of goods or services.The most important kinds of consumption taxes are general sales taxes, excise taxes, value-added taxes, and tariffs.A general sales tax imposes the same tax rate on a wide variety of goods and, in some cases, services.
When the British government implemented a system of local poll taxes in 1990, citizens considered the tax so unfair that they held demonstrations— some violent—around the country.The extreme unpopularity of the tax contributed to the downfall of Prime Minister Margaret Thatcher. Her successor, John Major, repealed the tax in 1991.
TAX BURDEN
The level of taxation in any nation will affect people’s spending behaviour, including their choices in working, saving, and investing.Taxation in the West has created a number of problems in wealth distribution where the burden falls heavily upon the poor with the rich utilising tax loopholes and tax havens. The average salary currently in the UK is £24,000, and the tax burden on this salary is 31% (income tax – 20% and National insurance contributions – 11%), which is just under £7,440.This alongside indirect taxation (that is taxation on spending rather than income) as well as council tax, road tax, general sales tax (VAT) and so forth, means that the real tax burden falls in excess of the 50% mark.This means that the average person in this country is losing between £11,000-13,000 to taxation!
Such high levels of taxation heighten the problem in the UK and the West as governments rely on income based taxation in order to fund their spending. In an income based tax regime the more one earns the more that is due, whilst in a wealth based tax regime irrespective of income only that which remains at the end of the tax year is taxed.Wealth taxes which tax wealth that remains at the end of a tax year in most cases results in investment across the economy to avoid it being taxed, whereas income taxes as well as VAT are taxed at source. Income taxes are taken before one even receives their payment packet irrespective of everything else.
ISLAM AND TAXATION
Islam has a completely different perspective on the economy and tax as the Islamic basis is different to that of capitalism. Fundamentally taxation in Islam puts the emphasis of taxation on wealth rather than income.The Islamic taxation system does not tax income, but taxes wealth. This means that the average person will be left with more disposable income and will be liable for tax on whatever wealth is left at the end of the year.This will have a significant effect on the economy.As explained on the average UK salary of £24,000, the tax burden falls at over 50% with the average person in the country losing between £11,000-13,000 to taxation.
In Islam although simplified, the wealth tax falls at 2.5%.This means that within one year, the average a person can save at, is at least £10,000.This means that the average person will have an extra £700 to spend each month as they will not be taxed on their income. If this tax was applied in the UK with a workforce of approx 31 million this means that the extra money flowing around the economy would be £240 billion.The replacement of income taxes with a wealth tax would actually lead to extra money in the economy.Therefore two or three people could easily enter into a business contract to supply some of the demand in the economy for consumer
or manufactured goods thereby creating more employment in the economy.The net effect of this is that it will increase demand for goods and services right across the economy which will generate an increase in trade and in turn an increase in wealth for businesses, thereby creating a natural boost to the economy and a sound way out of recession.
Alongside defining the types of taxes that can be collected Islam also directs areas of government expenditure. Islam restricted the areas the government can intervene in. Islam clearly defined the categories of those who are liable to receive Zakat, this takes away the political uncertainty around government expenditure as was seen with the world’s governments bailing out their banks, rather than punishing them for their misdemeanours. Similarly this also ensures the government doesn’t pursue politically aimed projects or get involved in riba (interest) based deals. Due to Islam defining this area, this has removed the uncertainty and inconsistency as found with the Western yearly budget cycle.
CONCLUSIONS
As many of us calculate our wealth during Ramadhan in readiness to pay their zakat, we should remember that Zakat has a significant effect on the economy like any tax. However for us Zakat is not an economic tax but represents one of our spiritual values. It is where we give our due, which are then distributed to those who are needy, poor, indebted or instructed with organising the collection and distribution of zakat. Zakat fundamentally is one of the key pillars not only of Islam but also of the Islamic economy along with Kharaj/Ushr (based on the productive capacity of the land). With not only the scale but usage of tax defined by Allah (swt), and Muslims eager to pay, this economic mechanism is sorely missing in the West. (Ends/)