Necessity of Contracts in Islamic Banking
Monday, 04 March 2019 21:30 IAIF contract islamic banking 539
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The IAIF held the 24th specialized session on the necessity of contracts in Islamic banking on 5 Mar. 2019.

Dr. Ali Saeedi, a founder member of the Iranian Association of Islamic Finance, said Iran's banking system has been a symbol of resilience.

Regarding the concept of banking contracts, the benefits of partnership contracts and its use in practice he stated we define partnership contracts as contracts with variable income including all partnership contracts Therefore, the spirit of participation and the variability of income are included in this definition. The most important advantages of which are the possibility of risk distribution, risk distribution to reduce risk pervasiveness and focus on debt as the main cause of financial crises of the last 100 years and economic fragility.

Saeedi stressed that risk distribution is always a better way of transferring it to risk management, mentioning from the perspective of some Islamic scholars, the distinction and superiority of Islamic banking is its partnership contracts."

According to the Bank of Indonesia, 35% of the resources of the country's banks are provided through partnership contracts, which is the highest rate of use of partnership contracts among Islamic banks.

Saeedi added there is evidence showing that Islamic banks use less PLS-based contracts in financing their activities and research indicates that Islamic banks mostly finance their activities based on non-partnership contracts to minimize the ethical risks related to partnership contracts. Furthermore, Published data assert that in Malaysia less than half of the financing of Islamic banks is based on partnership contracts, while In Pakistan most Islamic banks are financed through non-participatory contracts.

Transparency and accessibility of information, the possibility of decision-making and risk acceptance are among the most important requirements for risk distribution in the financial market (PLS deposit).

Regarding the requirements for risk distribution in financial markets, he said the recipient's participatory facilities must have a standard financial reporting system and must provide acceptable audited financial information.

The bank should have the right to vote in the company's internal decisions and have a specific department to monitor the partnership facilities for different companies in various industries to create a specific mechanism for risk management in the bank.

It seems that in the Islamic financial system, the centrality of the partnership contract and on the other hand the conventional banking restrictions for the implementation of the partnership contract, the financial market (money market and capital market) should be considered in general.

Ali Saeedi said banking is inherently conventional banking and the use of fixed income contracts lies in it. In fact, in the relations between the commercial bank and the central bank, less religious definitions have been considered, so it is better to include the opinion of the supervisory institutions.

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