Experiences in Regulating and Supervising Islamic Microfinance Institutions Pakistan as Case Study At Regulatory and Supervisory Framework in Islamic Microfinance 18th – 19th March, 14 - Khartoum – Sudan Muhammad Zubair Mughal Chief Executive Officer Alhuda centre of Islamic banking and economics www.alhudacibe.com Contents Basic Principles of Shariah Based Microfinance. Source and Mechanism of Islamic MF Products Type of Islamic Microfinance Institutions in Pakistan Legal and Regulatory Structure of Islamic MFIs State Bank of Pakistan Guidelines for Islamic Microfinance. Shariah Compliance for Islamic Microfinance Licensing , Reporting and Operating Criteria. Basic Principle of Shariah Based Microfinance Prohibition of Interest Care for the poor is a religious obligation in Islam Asset Based Financing Risk Sharing Sanctity of contracts Financing in Halal/Shariah Compliant Activities. Micro Takaful ( Islamic Micro Insurance) Beneficial for both Muslim and non-Muslim “Assisting the poor is a pillar of Islam” Overview Islamic Microfinance Mechanism Sourceofof Islamic Microfinance Islamic finance is the outcome of religion in banking Sources of Islamic Microfinance • Quran • Sunnah • Ijma’a (jurist consensus) • Ijtihad & Qiyas (analogy) Islamic Microfinance Products Mechanism Factors to be considered while doing IMF Moral and more…. Poverty Alleviation Ethical Social Element A Misconception Micro Takaful removed Free from Interest Financing Ensure Shariah Compliance Free from Gharar Islamic Micro Finance Shariah Compliant Funds Shariah Vetted Products Trainings & Quality HR Shariah Compliant Investments Islamic Microfinance is a system not the Religion, it can be utilized & operated by both Muslims and Non-Muslim Communities for Poverty Alleviation, Social & Economic Development. Islamic Microfinance Institution Worldwide Global - Islamic Microfinance Industry • 300+ Islamic Microfinance Institutions operating in 32 Countries • USD 1 billion Market Size. • Indonesia, Bangladesh, Pakistan and Afghanistan have 80% share of Global Islamic Microfinance industry (CGAP) • 2 Million Active financing Clients. • Murabahah & Qarz-e-Hasan are the Major Products. • Share of Islamic Microfinance in Islamic Finance industry & Microfinance Industry is less than 1% Compatibility IMF Products with MF Models Grameen Model: Amna Iftikhar – Malaysia, Islami Bank Bangladesh Limited etc. Village Bank Model: Sanadiq program -Jabal al-Hoss, Syria, FINCA - Afghanistan etc. Credit Union Model: Muslim Credit Union (Tobago), The Amwal Credit Union etc. Cooperative Model: AlBaraka MPCS – Mauritius, Al- Khair Coop. – India, Muslim Community Coop.– Australia, Karakorum Cooperative Bank – Pakistan. Self-Help Group: Aameen Society – India For Profit Banks/MFIs : Ghana Islamic Microfinance Banks – Ghana, HSBC Amanah – U.K, Bank Islami - Pakistan IMF’s Product for all Level of Poverty and more…. Salam, Istisna and other products Non-Poor Transitory Non-Poor Transitory Vulnerable Transitory Poor Chronic Poor Extremely Poor 10 Qarz-e-Hasan, Murabahah, Ijarah, Mudarabah Zakat, Sadqa, Ushar Legal & Regulatory Framework The legal and regulatory framework of Islamic micro-finance Pakistan as Case Study Pakistan • Population - 180 million • Muslim population - 97% • GDP – USD 225.1 billion • Per Capita Income – USD 1260 • • • • Category – Lower Middle Income Poverty Rate – 22.3% (less than USD 1.25/ per day) Microfinance Industry – Developing Lack of Funding (Least interest of Donors) in Islamic microfinance while demand of Islamic Microfinance is rising Source: World Bank (website) Pakistan - Islamic Microfinance Industry 14+ Islamic Microfinance Institutions operating in Pakistan 350 + Branches of IMFI’s 500,000+ Active financing Clients. Murabahah & Qarz-e-Hasan are the Major Products. Micro Takaful, Micro Saving, Branchless Banking etc. Pakistan - Islamic Microfinance Industry Institution Islamic Microfinance Products Akhuwat Qaraz-e-Hasna, MicroTakaful, Grants Ihsaas Trust Murabaha, Musharakah, Salam Asasah Mudaraba, Musharaka Muslim AID Murabaha Islamic Relief Murabaha and Qarz-e-Hassan Wasil Foundation Murabaha, Ijarah, Salam & Istisna MicroTakaful HHRD Murabaha, Mudarabah NRDP Qard-e-Hasana, Murabaha NRSP Murabaha - Mudarabah with BOK for funding Source Naymet Bank Islami, Farz Foundation. BOK, etc. Qard-e-Hasana, Murabaha, Salam Pakistan & Islamic Microfinance Industry • • • Innovation: • Micro Takaful • IT Integration (Mobile Banking) in Islamic Microfinance • Livestock Product with Islamic Microfinance operation • Micro energy & Micro Saving products Challenges: • Unavailability of Shariah Compliant fund • Reluctance of Donor Agencies for Islamic Microfinance • Accounting & I.T systems., Rating Agencies. • Law and order in Northern part of Pakistan Future Prospects: • Rapid growth of IMFIs with high acceptability from the Muslim community. • Govt. Interest and IDB Support • AlHuda Centre of Excellence in Islamic Microfinance Type of Islamic Microfinance Institutions in Pakistan MFIs, IMFIs, NGO’s, Rural Support Program: Registered and Supervised by SECP under Companies’ Ordinance 1984 (Section 42) Trust, Foundations, Waqf, Cooperatives etc: under joint companies ordinance 1861 Microfinance Bank: Regulated by State Bank of Pakistan Islamic Banks/Banks with having IMF operation: Regulated by SBP State Bank of Pakistan Guidelines for Islamic Microfinance Business by Financial Institutions Option 1 Establishment of Full-fledged Islamic Microfinance Bank (IMFBs) Option 2 Islamic Microfinance services by Full fledged Islamic banks Option 3 Islamic Microfinance services by conventional banks Option 4 Islamic Microfinance services by conventional microfinance banks (MFBs) Establishment of Full-fledged Islamic Microfinance Bank (IMFBs) Licensing Nation wide Microfinance Banks; Province wide Microfinance Banks; Region wise Microfinance Banks; District wide Microfinance Bank Application Compliance with Legal framework and Prudential regulations Bank draft of PKR 500,000 by applicant Appointment of Shariah Advisor by applicant according to fit and proper criteria of SBP. Shariah vetted Products along with product structure and its beneficial use. Ensure the Expertise, Shariah Compliance Mechanism, Quality HR, Policies, Manual, Procedure etc. Islamic Microfinance services by fullfledged Islamic Banks Mode 1 - Islamic Microfinance counters at existing branches Mode 2 - Stand alone Islamic Microfinance branches and mobile banking Mode 3 - Independent IMFBs as subsidiary of MFBs Mode 4 - Developing linkages with IMFBs and IMFIs Islamic Microfinance services by Conventional Banks Mode 1 - Microfinance counters at existing branches Mode 2 - Stand alone Islamic Microfinance branches and mobile banking Mode 3 - Establishing Independent Islamic MFBs as Subsidiaries of conventional Banks Mode 4 - Developing linkages with IMFBs and IMFIs Islamic Microfinance services by Conventional Microfinance Banks Eligibility Criteria: Shariah Advisors Particulars (SAP) according to the fit and proper criteria of SBP Shariah Compliant Deposit and Financing Products. Infrastructure and Logistic requirements Required changes in Memorandum and Articles of Association allowing the acceptance of deposits on PLS basis Segregation of Funds (Islamic and conventional) Set up Separate Islamic Microfinance division (IMD) Policies Procedures/ Practices Shariah Compliance Capital Adequacy Cash Reserves and Statutory Liquidity Requirement (SLR) Financing need, source and utilization Products mechanism SOPs/ Manuals Risk management Compliance with SBP directives, Role and responsibilities Human Resource Training periodically System and Control Internal Audit Accounting Records Utilization of Conventional Branch Network Shariah Supervisory Board at Central Bank /SECP Internal Shariah Advisor Shariah Audit/Shariah Review Shariah supervision of Islamic Microfinance Network AlHuda Center of Islamic Banking and Economics 160 B, Ahmad Block, New Garden Town, Lahore - Pakistan. Ph: (92-42) 35913096 - 98, Fax: (92-42) 35913056 Email: info@alhudacibe.com www.alhudacibe.com