Sources of Fund in Islamic Financial
System
As far as sources of
fund are concerned, the bank can raise its initial equity (or paid-up capital)
in straight forward way through the Islamic equity-financing contract of
al-musharakah among its initial shareholders. In the case of SP TF banks, the
contributors would be the main banks which shall provide the paid-up capital
either on the basis of mudarabah, musharakah or qard hasan respectively. The
public could also be the contributors through saving accounts, current accounts
and investment accounts respectively. While the first two accounts are
basically based on the Islamic contract of wadi'ah yad dhamanah (safe custody
based on suretyship), the third account is originated from al-mudarabah
contract. In short, the sources of fund for interest-free banks may come from
these means which are as follows; shareholders equity, customers' deposit in
current account, customers' deposit in savings account, customers' deposit in
general investment accounts and customers' deposit in special investment
accounts.
As mentioned elsewhere,
it is not the institution which distinguishes Islamic financial system from the
conventional one it is rather the functions and way they are performed that
make the Islamic financial system distinct. Interestingly, deposit taking is
one of the sources of fund in the Islamic financial system but the institutions
do not pay any interest on the money deposited at the bank. Under the
conventional system, the nature of the contractual legal relationship in the
sense that the bank is the debtor and the customer is the creditor. However,
under Islamic financial system, particularly in Malaysia, the Islamic
banks/counters accept deposit for both saving and current accounts under the
contract of wadi'ah (safe-custody) coined together with another contract,
namely dhaman (surety ship) contract. Ultimately, the accounts are opened under
the purview of the contract of Wadi'ah Yad Dhamanah (safekeeping with
guarantee).
The very essence of
Wadi'ah Yad Dhamanah is that the custodian (the bank) would be able to utilize
the money deposited since the custodian would be solely held liable for any
damage inflicts on the deposited item. On the other hand, the depositors are
given the assurance that they may withdraw their money at any time and above
all, their money will be guaranteed from any damage and the like. Also,
adopting this approach would entitle the banks to reward their depositors a
discretionary reward i.e. hibah. The practice of awarding a hibah to depositors
is deemed necessary as interest-free-banking system is operating in a dual
banking system and therefore, it needs to be competitive with the conventional
banking environment. However, interest-free banks are not allowed to declare
nor to promise any amount or rate of hibah up-front as this would be tantamount
to riba.
Also, Islamic financial
system accepts deposit from the public and private sectors under the contract
of mudarabah (profit and loss sharing). This contract is the basis of both
General Investment Account and Specific Investment Account. While in the former
type of account, the investment project is not defined; the investment project
is defined in the latter. Also, the ratio of profit distribution is normally
fixed in the former whereas in the latter, this may be usually individually
negotiated. The contract of mudarabah is a kind of partnership where one party
provides the capital and the other provides the work and management. As in the
case of Islamic financial system, the customers or depositors are the investors
who provide the capital while the bank act as the manager to convert the
capital to profit. The profit, if any will be shared between the two parties
based on certain ratio or percentage agreed upon in advance. However, in the
event of a loss in the investment, the customers/investors bear all the loss as
the manager will lose his time, effort and expected profit.
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