Introduction to Islamic Finance: Islamic Finance and Conventional Finance




There are some differences between Conventional Banking and Islamic Banking, I want to share the table below:

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: 
  1. Riba free transactions
  2. Risk sharing
  3. Asset and services backing
  4. 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/

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