Conventional Finance | Islamic Finance |
Earning interest, the basis calculation of interest is time value of money | Earning profit, prohibiting usury (interest), instead of interest charged, the islamic bank makes “ a profit on the sale of goods” |
No concept of sharing loss/risk | Encouraging sharing risk |
The loan given not backing by assets or services | Assets and service backing |
Based on loan which is represent the underlying contract of the activities | Contractual certainty, contract is the important thing in Islamic Finance to avoid ambiquity or uncertainty, profit rate is defined in the contract and contract also promote risk sharing between provider of capital and the entrepreneur |
Conventional Finance does not care of the type of investment wether halal or haram | Some investment are prohibited, it is prohibited to invest in activities deemed contrary to Islam such as selling alcohol, pork industry, pornography and other haram investment |
Money as commodity, this condition leads to inflation | Money as the medium of exchange, this situation contributes to economic development due to trading the real sector |
No space for shariah board to monitor & advised | Shariah board monitor and advised |
An Islamic bank different from conventional counterpart by the basic principles. The basic principles of Islamic bank that govern 80% of all Islamic transactions are:
- Riba free transactions
- Risk sharing
- Asset and services backing
- Contractual certainty.
Different between Islamic Financing & Conventional Loan
Items
|
Conventional Banking
|
Islamic Banking (IB)
|
Commentary
|
Banking Relationship
|
Loan arrangement and services
|
Financing arrangement based on Partnership, Profit Sharing, Trading,
Buy and Sell, Agency, Commodity Sale, Services
|
IB relationship is based on actual economic transaction, which must
be effected, and where applicable must involve a real asset and ownership
|
Contractual Term
|
Borrower and Lender
|
Partners, Fund Provider and Entrepreneur, Buyer and Seller, Agent,
Supplier and Buyer , Service Provider
|
Under IB, each relationship is tied to specific contractual
obligations where the roles and responsibilities of each party to the
transaction is clearly defined and agreed up front
|
Governing Authority
|
Bank Negara Malaysia
|
Bank Negara Malaysia and Shariah Committee
|
A Bank’s Shariah Committee may over – ride a Bank Negara Malaysia
instruction if it deems non-compliant or for differing views/interpretation
|
Determinant of Returns
|
Contractual obligation on the loan amount
|
Reliant on the activities done to justify earning the returns on the
transaction
|
In IB, an economic action is crucial to formalise the agreement to
pay the Bank return on capital, efforts or assets. For example, a processing
fee for IB requires the Bank to show proof of the processing actions required
to justify charging a fee to customers. Otherwise, this will be considered
“back-door riba”
|
Payment Structure
|
Only monthly instalment is calculated
|
Monthly instalment is calculated for Buy and Sell contracts, a
maximum price must also be calculated and agreed up front
|
The maximum price calculated is merely monthly instalment x tenure to
arrive at selling price. This is the maximum amount payable if rate are high,
but if rate remain low, a rebate is given daily or monthly
|
Late Payments
|
Up to 1 % p.a on the arears, compunded for next month interest
|
Up to 1% p.a on the arears amount. No compound charge allowed
|
In general, the late interest charged by conventional bank can be
capitalised the following month and used to calculate further late interest
(compounded)
|
Punitive Pricing
|
Additional up to 2.5% on top of loan rate for 3 months and above
(default period)
|
Not allowed. Some reduction in rebate amount allowed to be taken by
Bank if floating rate BBA structure
|
Generally, scholars reject punitive pricing for Islamic product, as
it is injustice to customers for setting their debt
|
Tenure
|
Indicatively up to 30 years. Could be more
|
Contracted up to 30 years
|
IB could not exceed the contracted tenure unless customer
consent to it
|
Early settlement
|
1% charge on Loan Balance Outstanding to compensate loss of interest
|
Not allowed
|
Conventional banks charge customers for early settlement of the loan
within certain period to maximise their returns. For IB, unless there is
strong justification on actual loss to the bank, only then it can be
considered by Shariah Committee for approval
|
Product features approval
|
Bank
|
Bank, Bank’s Shariah Committe and Bank Negara Malaysia (Islamic
Banking and Takaful Department)
|
Islamic product goes through more layers of regulators to ensure
product offered are in line with the Shariah principle of justice
|
Bank charges
|
Approval by Bank and Bank Negara Malaysia
|
Approval by Bank, Bank’s Shariah Committee and Bank Negara Malaysia
|
All IB fees and charges must be approved by Shariah Committee to
ensure the charges are fair, equitble and not transparent to customers. No
hidden cost are allowed
|
Payment Collected
|
All recorded as revenue to the Bank
|
Recorded as revenue to the Bank unless a Shariah rule is broken
|
IB requires the adherence to strict Shariah rules of trading,
partnership, agency or service, failure to adhere to the rules, the amounts
collected must be taken from Bank’s income and given to charity
|
Risk ownership
|
Customer bear all risk to loans (risk transfer)
|
Based on contract, Bank must bear some risk to earn the return (risk
sharing)
|
IB business is essentially riskier based on the various relationship
and dependence of ownership and sequencing
|
Business scope
|
Able to provide loans to any business or individuals that does not
engage in illegal activities
|
Able to provide financing to any business or individuals that does
not engage in illegal activities or uses the money or facilities in activities
restricted by Shariah
|
Gambling related companies, riba based, non-halal produce, alcohol
supplier and sellers, pork products, entertainment businesses and other non
Shariah compliant activities are not allowed to be financed by IB
|
Change of term and conditions
|
Bank has the right to change or vary the Terms and Conditions by way
of giving sufficient notice to customers
|
Bank can only change or vary the Terms and Conditions by giving
sufficient notice to customers if the change benefits the customers
|
For IB, if the change or variation to the Terms and Conditions
benefits the Bank or imposes on the customers, customer’s consent to the
changes must be obtaied, otherwise the changes cannot be effected
|
Cancellation of contract
|
Bank has the right to cancle the contract, at their sole discreation.
Usually, a contract is cancelled during events of default, or if the
customers financial position becomes worse, of there is higher risk to the
Bank
|
Bank do not have the right to cancel the contract at their sole
discreation
|
IB can only cancel a contract if there is a clear breach of contract
by the customers for example, event of default or non-payment. If
cancellation is proposed for the changes in the customers financial position
(but payments are still prompt) then a mutual consent is required for the
cancellation
|
Event of default
|
Bank can classify all the customer’s facilities as default when one
of the loan is defaulted by the customer
|
Bank can only classify default on the specific financing, as other financing
facilities held by the customers should be independent contracts
|
As each facilitiy is governed by the individual contract, there
should not be alingkage to other financing facilities, unless the facilities
are all offered as abundled package
|
Financial benefit
|
Stamping of legal documents at fixed rate
|
Stamping of legal documents ar fixed rate less 20% discount
|
A 20% discount on stamp duties are aloowed for the legal document
(until 2016, unless further renewed)
|
Common terms used
|
Interest rate, loan, borrowe, lender, penalty
|
Profit rate, Financing, customer, Financier, Compensation
|
Different term inologies used in IB to reflect the contractual
relationship of each agreement and transaction
|
Sources:
https://www.openlearning.com/inceif/courses/intro-to-islamic-finance1/islamic_finance_and_conventional_finance
https://islamicbankers.me/2015/07/11/the-difference-between-islamic-banking-financing-and-conventional-banking-loans/
2 comments:
My Brothers and Sister all over the world, I am Mrs Boo Wheat from Canada ; i was in need of loan some month ago. i needed a loan to open my restaurant and bar, when one of my long time business partner introduce me to this good and trustful loan lender DR PURVA PIUS that help me out with a loan, and is interest rate is very low , thank God today. I am now a successful business woman, and I became useful. In the life of others, I now hold a restaurant and bar. And about 30 workers, thank GOD for my life I am leaving well today a happy father with three kids, thanks to you DR PURVA PIUS Now I can take care of my lovely family, i can now pay my bill. I am now the bread winner of my family. If you are look for a trustful and reliable loan leader. You can Email him via,mail (urgentloan22@gmail.com) Please tell him Mrs Boo Wheat from Canada introduce you to him. THANKS
My Brothers and Sister all over the world, I am Mrs Boo Wheat from Canada ; i was in need of loan some month ago. i needed a loan to open my restaurant and bar, when one of my long time business partner introduce me to this good and trustful loan lender DR PURVA PIUS that help me out with a loan, and is interest rate is very low , thank God today. I am now a successful business woman, and I became useful. In the life of others, I now hold a restaurant and bar. And about 30 workers, thank GOD for my life I am leaving well today a happy father with three kids, thanks to you DR PURVA PIUS Now I can take care of my lovely family, i can now pay my bill. I am now the bread winner of my family. If you are look for a trustful and reliable loan leader. You can Email him via,mail (urgentloan22@gmail.com) Please tell him Mrs Boo Wheat from Canada introduce you to him. THANKS
Post a Comment