Thursday, July 23, 2009

STRATEGIES FOR ISLAMIC BANKS


Professionals in the Islamic banking sector are often asked whether the current strategies adopted by Islamic financial institutions will prove effective at competing at the global level in the long run. Since a strategy is a plan of action designed to achieve certain goals, its effectiveness can be assessed only in relation to these well-defined goals.


Strategies that improve franchise value


Franchise value is about the solidity of a bank’s market standing in a given geographical market or business niche. A solid and defensible franchise is a key element underpinning a bank’s ability to generate and sustain recurring earnings, to create economic value and, thus, to preserve or improve risk protection in its chosen markets.


The Islamic brand is economically valuable; in many instances Muslim depositors will happily pay a small premium for conducting their finances in what they perceive to be an ethical way. With a large addressable population and relative immaturity there is still scope for solid long-term growth.


It is believed that strategies leading to sustainable entrenched market position, improved geographical and earnings diversification, and increased earnings stability can enhance a bank’s long-term franchise value.


Size is important because diversification is harder to achieve when an institution is small. It should be noted, however, that a bank dominant in smaller but more favourable markets may have a higher franchise value (which could translate into greater earnings stability) than a bigger bank with a highly price-sensitive customer base in a competitive market.


It follows that it is better for Islamic banks to have a strategy that helps achieve a stronger position in a few selective markets than one which results in marginal positions in many competitive markets.


Strategies that improve risk positioning


A bank’s risk positioning is a fundamental qualitative factor in a credit analysis; the current credit woes apparent in the global market once again highlight its importance. In this regard, strategies that improve corporate governance, controls and risk management, financial reporting transparency, credit risk concentration, liquidity management and strategies that set a conservative market risk appetite are considered favourably.


Improving risk positioning is particularly relevant. Although Islamic banks are able to pass through a negative shock on the assets side to the investment depositors, displaced commercial risk is at stake.


Islamic banks have a number of buffers to manage displaced commercial risks. These are profit equalisation reserves which contribute to smooth earnings across the cycle; investment risk reserves which absorb negative shocks on asset values; Mudarib fees which can always be decreased in a discretionary manner to avoid penalising the depositing Rab al Maal; and shareholders who can always provide Qardh Hasan to profit-sharing depositors. In a stress situation, those IFIs sufficiently equipped with such mitigating instruments would be considered more resilient to downturns.


Nonetheless, to date few, if any, Islamic banks have passed on losses to their depositors. If the buffers mentioned above are inadequate, the IFIs could experience funding pressure as deposits are moved to other financial institutions.


Additionally, Islamic banks tend to have greater concentration in assets and liabilities compared with conventional banks. They also face challenges in managing liquidity and risk due to the limited range of instruments available.


Moreover, Islamic products are less commoditized and require more tailoring and oversight, and this leads to substantial overheads and operation risk.


Strategies that improve financial fundamentals


Normal analysis of a bank’s financial fundamentals can be broken up into five sub-factors, namely profitability, liquidity, capital adequacy, efficiency and asset quality. Some financial metrics necessarily reflect a bank’s franchise value and risk positioning, but a prudent financial policy also plays an important role in shaping these numbers.


For instance, a bank with a strategy to maintain a conservative financial policy is likely to keep its capital and liquidity ratios higher than most of its peers. The result is a stronger balance sheet and which can better withstand adverse economic cycles. For Islamic banks with significant exposures to equities and properties, conservative financial leverage is particularly important in view of the volatility in the values of these investments.


Most of the strategies of Islamic banks try to achieve profitable asset growth. The differences in their strategies mainly reflect the state of development of Islamic banking and their positions in their respective home markets, their aspirations for the medium and long term, and the resources they have.


BAY AL-DAYN IN MALAYSIA

Bay al-dayn is an Arabic term for “sale of debt” as originated from two words; bay’ which means sale, while dayn means debt. As far as bay al-dayn is concerned, it simply means a sale and purchase transaction of a quality debt.


The selling of debts is to avoid the occurrence of riba between two debts and also to avoid any kinds of gharar and makhatara which may arise at the level of inability of a buyer from possessing what he has bought as it is not permitted that the buyer sold before actual receipt of the purchased item.


On 21st August 1996, The Malaysian Securities Commission Shariah Advisory Council passed a resolution unanimously agreed to accept the principle of bay al-dayn as one of the concepts for developing Islamic capital market instruments. This was based on the views of some of the Islamic jurists who allowed this concept subject to certain conditions for instance there is a transparent regulatory system in the capital market to safeguard the maslahah (public interest) of the market participants.


Opinion of the past Islamic jurists


Hanafi Mazhab


The Hanafis are unanimous in not permitting bay al-dayn with reason that the debt is in the form of mal hukmi (intangible property) and the buyer takes great risk because he cannot own the item bought and the seller can not deliver the item sold.


Maliki Mazhab


The Malikis allow bay al-dayn subject to certain conditions as follows:

a) Expediting the payment;

b) Debtor present at the place of sale;

c) Debtor confirms the debt;

d) Debtor belongs to the group that is bound by law so that he is able to redeem his debt;

e) Payment is not the same type as dayn, and it fit so, and the rate should be the same to avoid riba;

f) The debt cannot be created from the sale of currency (gold and silver) to be delivered in future date;

g) The dayn should be goods that are saleable even before they are received. This is to ensure that the dayn is not of the food type which cannot be traded before qabadh occur; and

h) There should be no enmity between the buyer and seller, which can create difficulties to the debtor.


Shafi’i Mazhab


The Shafi’i allows the selling of debt to a third party if the dayn was mustaqir (guaranteed) and was sold in exchange for goods that must be delivered immediately. The debt is sold; it must be paid in cash or tangible assets as agreed.


The Securities Commission Shariah Advisory Council held that in the context of the sales of securitized debt, the characteristic of securities differentiates it from currency. It is not a legal tender and therefore, it is not bound by the conditions for exchanging of goods. It is not a ribawi item as the fifth condition set by Maliki mazhab.