CREDIT RISK MANAGEMENT POLICY (CRMP) FOR MUSHARAKAH PROFIT AND LOSS SHARING CONTRACTS (MPLSc): A CASE STUDY OF AN
ISLAMIC BANK IN MALAYSIA
BY
ROSNAH OMAR
A thesis submitted in fulfilment of requirement for the degree of Doctor of Philosophy in
Islamic Banking and Finance
IIUM Institute of Islamic Banking and Finance International Islamic University Malaysia
OCTOBER 2016
ii
ABSTRACT
Historically, the Islamic Banks (IBs) had less emphasis on and involvement in Musharakah Profit and Loss Sharing contracts (MPLSc) as they were more concerned with the associated risk in equity investments. This was partly attributed to inadequate knowledge and experience in managing the equity investment risk. As a recent development by IBs to undertake equity investment, it is pertinent that the procedure to formulate the Credit Risk Management Policy (CRMP) framework was studied in this research. The primary objective of the policy research was to explore and describe on the distinctive Shariah Rule Compliant (SRC) characteristic with the salient features of credit risk assessment (CRA) with the credit risk management (CRM) process on the risk sharing principles (RSP) of MPLSc. Considering the limitation of empirical research reviews and lack of available data to explore on this issue, the case study research methodology with semi-structured interviews was adopted in this research. The research objectives and questions explored on the “risky "perception of MPLSc” as well as the extant related theoretical framework with the description provided by the key representatives of an Islamic Bank in Malaysia (IBM) as interview respondents. The IBM’s equity investment in the Musharakah Project Finance (MPF) was evaluated with the project economics and equity investment management. The data analytics on SRC by Shariah Department (SD) in the IBM enhanced the CRMP framework as compared with conventional practice. The comparative review was undertaken with the Conventional Banks (CBs) on credit risk management process which was deemed similar based on regulatory and economic capital management. The semi-structured interviews was to gather the sample data on how the IBM identify, qualify, quantify, manage, monitor and report the RSP for MPLSc with capital management that included the examination of regulatory guidelines and standards in the regulated financial industry. The qualitative data analytics were derived from the identification of the credit risk of the equity investment that was reviewed with the determinant factors that were collated as the research findings. The findings described the ethical behaviour of Shariah compliant adherence by IBM based on the joint-venture contractual obligations. The main contributions were the enhancement from the theoretical framework with the gap analysis in the literature review to redefine the credit risk management process in managing equity investment risk. Finallly with the “CRMP for MPLSc in IB” an incentive was provided in RSP for MPLSc as an alternative financing in equity investment in the IBM.
iii
صخلم ثحبلا
ABSTRACT IN ARABIC
نامتئلاا ةرطامخ ةرادإ ةسايس موهفم ديدتح لىإ يعلاطتسلاا يعونلا ثحبلا اذه فدهي ( ( رئاسلخاو حبارلأا ميسقت ةكراشم دوقعل )
CRMPMPLSc
ةيزيلالما ةيملاسلإا كونبلا في )
( ةعيرشلا عم قفاوتلما يقلاخلأا كولسلا ثحبلا فصي .ةلالحا ةساردك اهرايتخا تم تيلا )
IBsفي ميسقت دابم عم ةكركشلما امازتللال ي امتئلاا مييقتلا اسس لع ةيملاسلإا كونبلا لت
(ةرطاخلما ةرطاخلما نامتئا مييقتو مهسلأا في رامثتسلاا ةرادإو عورشلما ياداصتقا لع )
RSPنم ددعل ةيصخشلا ةلباقلما ءارجإ تم ،اذه لعو .ةيداصتقلااو ةيميظنتلا لالما سر ةرادإو خ ب قلعتلما يرظنلا راطلإا لع ادامتعا ةيملاسلإا فراصلما في ةرطاخلما ةاردإ لامج في ءابر
( ( نم جرختسلما )
CRAةرادإ ةسايس موهفم راطإ نس ،لاوس ثحبلا جئاتن رفسس .)
RSP( نامتئلاا ةرطامخ اسرامم سسس فادهس رركيو ةيديلقتلا فراصلما ةسرامم عم نركقي )
CRMPديلقتلا فراصلما نامتئلاا ةرطامخ ةرادإ ةسايس موهفم راطإ نس ،اينثاو .اهيف هتهماسمو ةي
( روطتلما مهسس ةرادإ ايجيتاركساو ةيملاسلإا فراصلما رامثتسبا ةرطاخلما حبر قلعي )
CRMP( رئاسلخاو حبارلأا ميسقت ةكراشم دوقع عم رامثتسلاا
MPLSc
اهماسم مهس نس ،اثلثاو .)
في ةرطاخلما ميسقت ةسايس ( رئاسلخاو حبارلأا ميسقت ةكراشم عم رامثتسلاا مهسس
MPLSc
)
دوقع ةعجاربم ثحبلا صوس اذبهو .ةيملاسلإا فراصلما في ليدبلا ليومتلل زفالحا دوزي ( رئاسلخاو حبارلأا ميسقت ةكراشم
MPLSc
.رغصلما ليومتلا لذكو ابه صالخا عاطقلا في )
iv
APPROVAL PAGE
The thesis of Rosnah Omar has been approved by the following:
_____________________________
Mohd Azmi Omar Supervisor
_____________________________
Mustapha Hamat Co-Supervisor
_____________________________
Adewale Abideen Adeyemi Co-Supervisor
_____________________________
Noraini Mohd Ariffin Internal Examiner
_____________________________
Saiful Azhar Rosly External Examiner
_____________________________
Wan Mansor Wan Mahmood External Examiner
______________________________
Mohamed Yousuf Ali Chairperson
v
DECLARATION
I hereby declare that this thesis is the result of my own investigation, except where otherwise stated. I also declare that it has not been previously or concurrently submitted as a whole for any other degrees at IIUM or other institutions.
Rosnah Omar
Signature………....………. Date …….……….
vi
COPYRIGHT
INTERNATIONAL ISLAMIC UNIVERSITY MALAYSIA
DECLARATION OF COPYRIGHT AND AFFIRMATION OF FAIR USE OF UNPUBLISHED RESEARCH
CREDIT RISK MANAGEMENT POLICY (CRMP) FOR MUSHARAKAH PROFIT AND LOSS SHARING CONTRACTS
(MPLSc): A CASE STUDY OF AN ISLAMIC BANK IN MALAYSIA
I declare that the copyright holder of this thesis are jointly owned by the student and IIUM.
Copyright © 2016 Rosnah Omar and International Islamic University Malaysia. All rights reserved.
No part of this unpublished research may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without prior written permission of the copyright holder except as provided below
1. Any material contained in or derived from this unpublished research may be used by others in their writing with due acknowledgement.
2. IIUM or its library will have the right to make and transmit copies (print or electronic) for institutional and academic purposes.
3. The IIUM library will have the right to make, store in a retrieved system and supply copies of this unpublished research if requested by other universities and research libraries.
By signing this form, I acknowledged that I have read and understand the IIUM Intellectual Property Right and Commercialization policy.
Affirmed by Rosnah Omar
……..……….. ………..
Signature Date
vii
ACKNOWLEDGEMENTS
Firstly, I thank Allah (S.W.T) for providing me the knowledge and opportunity to explore the strength and commitment in completing this thesis. Because of Him, this thesis finds its straight path to participate in the growth of Islamic Banking and its way out to the concept of risk sharing principles. Most importantly, I would like to express my appreciation, gratitude and love to my late parents and members of my family in their effortless support and blessing to strive for the best in all my undertakings.
In essence the completion of my thesis was based on the guidance and perseverance of my supervisor, Prof. Dato Dr. Mohd. Azmi bin Omar who encouraged me with my initial interest and registration in International Islamic University Malaysia (IIUM) Institute of Islamic Banking and Finance (IIiBF). In addition, the recognition goes to the respondents from the Islamic Bank in Malaysia who provided me the added incentive with their structured interview responses in compiling my data collection and analysis leading to the Credit risk Management Policy (CRMP) framework. I sincerely appreciate their openness in sharing their valued experience.
My appreciation also goes to Professor Dr. Abdul Rahim Abdul Rahman, Professor Mansor Ibrahim, Professor Abbas Mirakhor, Mustapha Hamat, Asst.
Professor Ahmad Zamri Osman and Asst. Professor Dr. Adewale Abideen who provided the insight into the hardship of managing a case study research methodology that was alien and new to me in Islamic Finance concept. I would like to thank them for their sincere support, concentration, deliberations and providing me the knowledge to submit my review. The moral support of my PhD colleagues accompanied me in fulfilling the research time throughout my terms in pursuing my PhD with IIiBF. The most understanding companions in discussing my difficulties to complete my thesis were Atiqi Nasution, Hanudin Amin, Jameel Ahmed, Mustafa Aydemir and Mohamed Charif. May I wish them the best in all their endeavours and continue to retain our friendship in the future.
Lastly, I would like to thank all my appreciative friends for their support, namely, Siti Muawanah, Adora, and Norleza in my search for the added believe and confidence that I could and would contribute toward Islamic Finance with risk sharing principles for Musharakah Profit and Loss Sharing contracts in the equity investments globally.
viii
TABLE OF CONTENTS
Abstract ... ii
Abstract in Arabic ... iii
Approval Page ... iv
Declaration ... v
Copyright ... vi
Acknowledgements ... vii
List of Tables ... xv
List of Figures ... xvii
List of Abbreviations ... xviii
List of Terminologies ... xx
CHAPTER ONE: INTRODUCTION ... 1
1.1 Background of Research ... 1
1.2 Statement of the Problem ... 4
1.3 Research Objectives and Questions ... 5
1.3.1 Research Objectives (ROs) ... 6
1.3.2 Research Questions (RQs) ... 6
1.4 Significance of the Study ... 7
1.5 Structure of the Thesis ... 9
CHAPTER TWO: RISK MANAGEMENT WITH THE UNIQUE RISK SHARING PRINCIPLES (RSP) IN ISLAMIC FINANCE ... 15
2.1 Introduction ... 15
2.2 Risk and Risk Management in Financial Institutions ... 15
2.2.1 Definition of Risk in FIs ... 16
2.2.2 Risk Management in Islamic Finance in the Islamic Banks (IBs) ... 17
2.3 Characteristics of Risk and Risk Management IN IBs ... 19
2.3.1 Shariah rule-compliant in risk and risk management in Islamic Finance... 19
2.3.2 Shariah concept of Shirkah (Sharing) in Islamic Finance ... 25
2.3.3 Philosophy of Risk and Risk Management in Islamic Finance ... 27
2.4 The Empirical Review on Low Adoption of RSP for MPLSc AmongST IBs ... 29
2.4.1 Factors Explaining the Poor Adoption of RSP for MPLSc in Equity Investment amongst IBs ... 30
2.4.2 Internal and External Factors Explaining the Lack of Adoption of PLS by IBs ... 31
2.5 Risk Identification in a Risk-Shared Concept ... 35
2.5.1 Risk-shared Equity Investment with Participatory Contracts in IBs ... 36
2.5.2 Comparative Features of the Risk-shared Equity Investment in IBs ... 38
2.5.3 Risk-shared for Mudharabah Participatory Contracts (MPC1) in IBs... 41
ix
2.5.4 Risk Sharing Principles (RSP) for Musharakah Participatory
Contract (MPC2) ... 45
2.5.5 Measures to Consider the Positive Increase in RSP for MPC2 by the IBs ... 48
2.6 Risk Management of Unique RSP for MPC2 In The IBs... 50
2.6.1 Empirical Study on Risk Perception: Risks in Different Modes of Financing ... 51
2.6.2 The “Risky” Qualification of RSP for MPLSc in Islamic Finance... 52
2.6.3 The Application of the RSP for MPLSc in the IBs ... 52
2.6.4 Potential Management of the Low Adoption of RSP for MPLSc in Equity Investment ... 56
2.6.5 Divergence in the Balance Sheet Management with RSP in Islamic finance ... 59
2.6.6 Performance Review of Equity Investment with RSP for MPLSc in IBs ... 60
2.6.7 PLS with RSP for MPLSc to Minimise and Eliminate the Transfer of Risks in IBs ... 61
2.7 Conclusion ... 63
CHAPTER THREE: THE CREDIT RISK MANAGEMENT OF RISK SHARING PRINCIPLES WITH MUSHARAKAH PROFIT AND LOSS SHARING CONTRACTS ... 65
3.1 Introduction ... 65
3.2 Shariah Rule Compliant with RSP for MPLSc in IBM ... 65
3.2.1 Shariah Rule Compliant on Credit Risk Management (CRM) process in IBs... 66
3.2.2 Identifying the Shariah Ruling in “CRMP for MPLSc in IB” ... 68
3.3 Business Management with RSP for MPlsc in the IBs ... 69
3.3.1 The Equity Investment Risk Analysis with RSP for MPC2 ... 70
3.4 The Theoretical Risk Management Policy Framework ... 74
3.5 Credit Risk Management (CRM) Process in the IBs ... 78
3.5.1 Definition of the Credit Risk in the Risk Management Policy in the IBs ... 78
3.5.2 Identifying the Credit Risk Analytic with RSP for MPLSc ... 80
3.5.3 The CRA with the CRM process on the RSP for MPLSc in the IB ... 81
3.5.4 Integrated CRM Process of Credit Risk with Capital Management ... 83
3.6 Identifying the CRMP Framework with “CRMP for MPLSc in IB” ... 84
3.6.1 CRM process with RSP for MPLSc in the IBs ... 85
3.6.2 Qualifying the Concept of RSP in the “CRMP for MPLSc in IB” ... 87
3.6.3 Quantification of the RSP in the “CRMP for MPLSc in IB” ... 88
3.6.4 Capital Management ... 90
3.6.5 Compliance with Regulatory Regime to Manage Risks in IBs ... 91
3.6.6 Standards by Basel Committee and Banking Supervision (BCBS) ... 92
3.6.7 Bank Negara Malaysia (BNM) ... 95
x
3.6.8 Islamic Financial Services Board (IFSB) ... 96
3.6.9 Securities Commission Malaysia ... 101
3.7 Mapping the “CRMP for MPLSc in IB” ... 102
3.7.1 Regulated Risk Management Supervision ... 102
3.7.2 CRMP framework with CRM Process in the IBs ... 104
3.8 Conclusion ... 111
CHAPTER FOUR: RESEARCH METHODOLOGY ... 112
4.1 Introduction ... 112
4.2 Case Study Research Method ... 112
4.3 Policy Research ... 114
4.4 Research Objectives and Questions ... 116
4.5 The Theoretical Framework as practiced by Financial Institutions... 121
4.5.1 Adoption of Theoretical Risk Management Process in the CRMP Framework ... 126
4.6 Case Study on the CRMP Framework in the IBM ... 128
4.6.1 Designing the Policy Research Process ... 128
4.6.2 Sampling Techniques ... 130
4.6.2.1 Purposeful and Judgement Sampling Techniques ... 131
4.6.3 Unit of Analysis ... 132
4.6.4 The identified respondents in the IBM ... 133
4.6.5 Pilot study ... 135
4.6.6 The Conduct of In-depth Interview with All the Respondents in the IBM ... 138
4.6.7 Validation of the Data Analytics from the Respondents in the IBM ... 143
4.7 Data Analytics on Data Sources and Collection in IBM ... 145
4.7.1 Analysing the Data Analytics from the Interviews ... 145
4.7.2 Determine the Data Sources... 147
4.7.3 Access to the Data Collection ... 149
4.7.4 Primary Data Analytics from the Respondents ... 151
4.7.5 Data Review from the Respondents in the Interview ... 155
4.7.5.1 Descriptive Data Based on the Research Objectives ... 156
4.7.5.2 Testing Goodness of Data in Qualitative Analysis from the interviews... 158
4.8 Conclusion ... 162
CHAPTER FIVE: PRIMARY DATA ANALYTICS FROM THE MUSHARAKAH PROJECT FINANCE AND INTERVIEW RESPONDENTs ... 164
5.1 Introduction ... 164
5.2 The Reliability of Data Analysis from the Interviews ... 165
5.2.1 Analytical strategic process in defining the qualitative data analysis ... 165
5.2.2 The Reliability, Validity and Replicability of Data Analysis Process ... 166
5.2.3 Maintaining the Chain of Evidence in the Data Analytic ... 167
5.2.4 Overview of Coding Analytics from the Interview Data ... 168
5.3 Data on CRM Process in CRMP Framework ... 171
xi
5.3.1 Review of the Risk Mangement Process in the IBM ... 171
5.4 Data Analytics on the Musharakah Project Finance ... 176
5.4.1 Verification of Research Objectives with Questionnaires on the MPF ... 176
5.4.2 Mapping the data analytics of the MPF ... 178
5.4.2.1 Background Information of the MPF ... 179
5.4.2.2 Special Purpose Vehicle (“SPV”)... 180
5.4.2.3 Details of the MPF ... 181
5.4.3 Financing Structure and Facilities ... 181
5.4.3.1 Financing Structure... 181
5.4.3.2 Financing Concept ... 181
5.4.3.3 Financing Facilities... 182
5.4.4 Shariah Perspectives ... 183
5.4.5 Risk Perspectives with the MPF ... 184
5.4.6 Commercial Perspective ... 188
5.4.7 Mitigation ... 189
5.4.8 The risk management process as structured in the MPF... 189
5.5 Respondents Interview on Risk Management Process ... 190
5.5.1 Pilot Study ... 190
5.5.2 Compilation of Recorded Interviews Quotations as Primary Data ... 191
5.5.3 The Data Analytics on the Roles and Responsibilities of the Respondents ... 192
5.6 Descriptive Thematic Analytics ... 193
5.7 Interpretation of Data Analysis With Triangulation in the Thematic Analytics ... 195
5.7.1 Triangulation of Data Based on the External Observation and Documents ... 195
5.7.2 Direct Observation Noted During the Interviews ... 196
5.8 Discussions Provided from Qualified Respondents ... 199
5.8.1 Primary Data Analysed from the Research Objectives... 200
5.8.2 RO1: Concept of RSP for Musharakah PLS in the MPF ... 201
5.8.2.1 MPF with RSP for MPLSc structure ... 201
5.8.2.2 SD / SC’s review of the SCE on the MPF... 202
5.8.2.3 Risk Shariah Compliance Assessment in the IBM... 203
5.8.3 RO2: The Current Practice of Credit Risk Management (CRM) with Unique Shariah Risk Sharing Concept as Per the Regulatory Regime of the Central Bank, Basel II and IFSB ... 205
5.8.4 RO3: CRM Review on the Risk Sharing Investment with Comparatives Similarities and Differences with Debt Financing ... 208
5.8.5 RO4: Formulate the Conceptual Framework for “CRMP for Musharakah Profit and Loss Sharing Contracts (MPLSC) in IB ... 212
5.8.5.1 Focus of Interview on Shareholders Support and Advances ... 214 5.8.6 RO5: Musharakah Equity Investments as an Alternative Mode
of Business with Its Unique Credit Risk in Accordance to the
xii
Shariah Compliance and Concept on Risk Sharing with the
Investment Partnership ... 217
5.8.6.1 Risk management process on project viability and financial performance ... 218
5.8.6.2 Quantification in assessing “risky inferences” as an Alternative Mode of Business ... 219
5.9 Limitation of Data Analysis from the Case Study ... 223
5.10 Conclusion ... 226
CHAPTER SIX: DISCUSSION OF FINDINGS ON THE CRMP FRAMEWORK ... 228
6.1 Introduction ... 228
6.2 The Gap Analysis in the Literature Review ... 229
6.2.1 Literature Review 1: Lack of adoption of RSP for MPLSc in Islamic Banks (IBs) ... 229
6.2.2 Literature Review 2: Risk and Credit Risk Management with RSP for MPLSc in the IBM ... 230
6.2.3 Justification for “CRMP for MPLSc in IB” in the Literature Review ... 231
6.2.4 Review of Literature Gap in the Risk Management Process ... 233
6.3 The Respondents Undertaking the Risk Management Process for the MPF ... 234
6.3.1 Roles of the Respondents and their functions in the MPF in the IBM ... 235
6.4 Descriptive Data Analytics in the CRMP Framework ... 237
6.5 Review of Research Objectives in the CRMP Framework ... 239
6.5.1 RO1: Concept of Musharakah Equity Investment by the IBM... 239
6.5.1.1 Managing RSP for MPLSc with Credit Risk-Sharing and Capital Management ... 240
6.5.1.2 The consideration of the SCE on RSP for MPLSc by SD and SC in the MPF ... 241
6.5.2 RO2: The Current Practice of Credit Risk Management (CRM) with Unique Shariah Risk Sharing Concept as Per the Regulatory Regime of the Central Bank, Basel II and IFSB ... 245
6.5.2.1 The Regulatory and Economic Capital Adherence in Equity Investment ... 249
6.5.2.2 Credit risk measurement on credit and capital management in MPF ... 251
6.5.3 RO3: CRM Review on the Risk Sharing Investment with Comparatives Similarities and Differences with Debt Financing ... 252
6.5.3.1 The underlying credit factors to assess the projects analytics and financial analysis review of the MPF ... 253
6.5.4 RO4: To Formulate the CRMP Framework on “CRMP For Musharakah Profit and Loss Sharing Contracts (MPLSc) in IB” ... 258
6.5.5 RO5: Musharakah Equity Investments as an Alternative Mode of Business with Its Unique Credit Risk in Accordance to the Shariah ... 263
xiii
6.6 Critical Findings in Formulating the CRMP Framework ... 266
6.6.1 Mapping the fundamental findings in the risk management process in the IBM ... 267
6.6.2 Credit risk and capital management with conventional practice in the IBM ... 270
6.6.3 Conventional credit risk managing process with the integrated practice... 271
6.6.4 Regulation and Supervision with BNM’s SGF and IFSA (2013), B2-P2 and IFSB ... 273
6.6.5 Descriptive Analysis of Function of Risk Management Process in the IBM ... 274
6.7 Strategic Research Findings on CRMP Framework in the IBM ... 276
6.7.1 RO1: Concept of Musharakah Equity Investment by the Islamicbank in Malaysia (IBM) ... 276
6.7.2 RO2: The Current Practice of Credit Risk Management (CRM) with Unique Shariah Risk Sharing Concept as per the Regulatory Regime of the Central Bank, Basel II and IFSB ... 277
6.7.3 RO3: CRM Review on the Risk Sharing Investment with Comparatives Similarities and Differences with Debt Financing; ... 278
6.7.4 RO4: Formulate the Conceptual Framework for “CRMP for Musharakah Profit and Loss Sharing Contracts (MPLSc) in IB” ... 280
6.7.5 RO5: Musharakah Equity Investments as an Alternative Mode of Business with Its Unique Credit Risk in Accordance to the Shariah Compliance and Concept on Risk Sharing with the Investment Partnership ... 282
6.7.6 Risk Management Process on the ‘CRMP for Musharakah PLS in IB’ ... 283
6.7.7 The CRMP framework ... 285
6.7.7.1 Identification ... 286
6.7.7.2 Qualification ... 287
6.7.7.3 Quantification ... 288
6.7.7.4 Management and Mitigation of Equity Investment Risk in the Risk Management Process ... 290
6.7.7.5 Monitoring of Credit Risks with the Protections of the Shareholders and Stakeholders... 291
6.7.7.6 Reporting to Senior Management and Board of the IBM ... 291
6.8 The Revolving Concept in the “CRMP for MPLSc in the IB” ... 292
6.8.1 Determination of SCE based on RSP for MPLSc for the equity investment with the Musharakah PLS distributions. ... 294
6.8.2 Research Findings Formulation of CRMP framework on “CRMP for MPLSc in IB”... 294
6.8.3 Mitigation of the credit risk in the CRMP framework ... 294
6.9 Conclusion ... 296
CHAPTER SEVEN: CONCLUSION, CONTRIBUTIONS AND LIMITATIONS OF THE STUDY ... 297
7.1 Introduction ... 297
xiv
7.2 Conclusive Findings from Case Study Methodology ... 298
7.2.1 Generalised Policy Research with Research Objectives ... 299
7.2.2 Specific CRMP Framework for the MIB ... 301
7.2.2.1 Descriptive Content of the Specific CRMP Framework ... 301
7.3 The Implementation of the CRMP Framework ... 304
7.4 Contribution of the Research Findings ... 304
7.4.1 RSP for MPLSc as an effective pre-tool of CRM process... 305
7.4.2 Data Analytics from the Finding to Enhance the Literature on the CRMP Framework ... 306
7.4.3 RSP as the Alternative Form in the Equity Investment ... 307
7.4.4 The Capital Impact of the Equity Investment ... 309
7.4.5 The “Exploratory Model” To Formulate the CRMP ... 310
7.4.6 New Concept of RSP with Small Medium Enterprise and Micro- Finance ... 311
7.4.7 New Development in the Industry with RSP for MPLSc ... 313
7.5 Limitation from the Single Case Study ... 315
7.5.1 Other Limitations Affecting the Development of RSP ... 316
7.6 Conclusion ... 318
BIBLIOGRAPHY ... 319
APPENDICES ... 334
xv
LIST OF TABLES
Table 2.1 Generic Risks facing Banks 17
Table 2.2 Two types of Shirkah (Musharakah) 25
Table 2.3 Risk Sharing Essential Elements and Conditions 38 Table 2.4 The Comparative Features between Musharakah and Mudharabah 39 Table 2.5 Mudharabah Concepts by Various Scholars in the Research 43 Table 2.6 Types of Mudharabah Models in IBs as Reviewed by Islamic
Scholars 44
Table 2.7 Data on Islamic Banking System: Financing by Concept (RM
Million) 46
Table 2.8 Options to Mitigate Risk with the PLS 50
Table 2.9 Risk Perception: - Risks in Different Modes of Financing (Scale
1-5) 51
Table 3.1 Determination of Underlying Factors in Assessing the MPC2 70 Table 3.2 Risk Profile of Conventional vs. Islamic Banks 94
Table 3.3 IFSB Principles for Credit Risk 96
Table 3.4 IFSB Guidelines on Risk Management 99
Table 4.1 Research Objectives and Core Research Questionnaires 118 Table 4.2 Risk management process with the list of proposed respondents 125
Table 5.1 Overview of Coding Analytics 169
Table 5.2 Presentation of Credit Risk (Profit Payout Risk, Default Risk,
Withdrawal Risk, Connected Parties Risk) by the CEO of the IB 174 Table 5.3 Triangulation Based on Observations during the Interviews 198 Table 6.1 Stage Model of Qualitative Content Analysis by Berg (2004, p.
286) 237
Table 6.2 Data Analytics to Describe the CRMP Framework 239
xvi
Table 6.3 CRMP Framework and Data Analytics on SCE for RSP for
MPLSc in the IBM 243
Table 6.4 Prudential Regulation and Supervision in Accordance to B2-P2
Standards and IFSB Guidelines 246
Table 6.5 Review of Research Objectives in ‘CRMP for MPLSc in the IB’ 263 Table 6.6 Formulating the Risk Management Process in the “CRMP for
MPLSc in IB” 268
Table 6.7 Design of the CRMP with the ‘CRM Process’ and ‘Integrated
Practice’ 269
Table 6.8 Descriptive Analysis of Risk Management Process in the CRMP
Framework 275
Table 6.9 Functional Roles and Responsibilities of the Respondents in the
IBM 285
Table 6.10 Revolving Concept on Risk Management Process in the “CRMP
for MPLSc in IB 293
Table 7.1 Updated Generalised Review on RSP for MPLSc in the IBM 300 Table 7.2 Significant Review in CRM Process with RSP for MPLSc in the
MPF 306
Table 7.3 The Limitations of the Research with A Single Case Study which were mainly External Factors in Nature [(Ascarya And Yumanita
(2006)] 316
xvii
LIST OF FIGURES
Figure 2.1 ANP Network of Low PLS financing using Super decisions 35
Figure 3.1 Function of Risk Management Practices 75
Figure 3.2 The Proposed CRMP Framework with the Operational Risk
Management Strategy 77
Figure 3.3 CRMP Framework with “CRMP for MPLSc in IB” 104
Figure 4.1 CBs Theoretical Framework for Risk Management (Sattar, 2010) 122 Figure 4.2 Key Stages in the Research Process by Silverman (1985) 129 Figure 4.3 Stage Model of Qualitative Content Analysis by Berg (2004, p.
286) 155
Figure 5.1 Chain of Evidence in Data Analytics (Yin, 2009) 167
xviii
LIST OF ABBREVIATIONS
AAOIFI Accounting and Auditing Organization for Islamic Financial Institutions
BCBS Basel Committee on Banking Supervision BIS Bank for International Settlements
B11-P2 Basel 11 Pillar 2 standards (B11-P2)
BAFIA Banking and Financial Institutions Act 1983 (BAFIA)
BBD Business Banking Department
BMA Bahrain Monetary Authority (The Central Bank of Bahrain)
BNM Bank Negara Malaysia
BODs Board of Directors
CAR Capital Adequacy Ratio
CAS Capital Adequacy Standards (CAS)
CBs Commercial Banks
CEO Chief Executive Officer
CRA Credit Risk Assessment based on the review of credit risk
CRM Credit Risk Management process
CRMD Credit Risk Management Department
CRMP Credit Risk Management Policy
DCR Displaced Commercial Risk
EVA Equity Valued at Risk
FD Finance Department
FIs Financial Institutions
GRMD Group Risk Management Division
IAHs Investor Account Holders
IBs Islamic Banks
IBM Islamic Bank in Malaysia (in the case study)
IDB Islamic Development Bank
IFSA Islamic Financial Services Act issued by BNM (2013) IFIs Islamic Financial Institutions
IFSB Islamic Financial Services Board
IIFS Institutions Offering Islamic Financial Services INCEIF International Centre for Education in Islamic Finance
IRB Internal Rating Based
IRR Investment Risk Reserve
IRTI Islamic Research and Training Institute in Jeddah
ISRA International Shariah Research Academy for Islamic Finance
LD Legal Department
MCR Minimum Capital Requirement (imposed by BNM)
MPF Musharakah Project Finance (presentation by CEO of IBM) MPLSc Musharakah Profit and Loss Sharing Contracts
PER Profit Equalization Reserves
PLC Public Listed Company
PLS Profit Loss and Sharing (structure of Musharakah equity investment)
PLSc Profit and Loss Sharing contracts
xix
PSIA Profit Sharing Investment Account
RSP Risk Sharing Principles
RWA Risk weighted assets (regulated by BNM)
SA Standard Approach (imposed on CRM by BNM in IBs)
SC Shariah Committee in the the IBM
SCE Shariah Compliant Endorsement by the IBM
SD Shariah Department in the IBM
SGF Shariah Governance Framework by BNM
Shariah Islamic Laws
SRC Shariah Rule Compliant
SME Small Medium Enterprise
SPV Special Purpose Vehicle (in the MPF by IBM)
xx
LIST OF TERMINOLOGIES
Al-Quran The Holy Book of Islam Fiqh Islamic jurisprudence Gharar Uncertainty
Hadith Prophet Muhammad S.A.W’s (p.b.u.h) saying, action and tacit approval
Ijarah Lease
Istisna A contract to manufacture goods Maqasid al-Shariah Objectives of Islamic law
Murabahah A sale of certain goods with a disclosed cost and mark-up Mudharabah A contract between the capital provider as rab-al mal and the
enterprise to be managed by the entrepreneur as mudarib Musharakah A contract of profit and loss sharing
Muslim A person who follows religion of Islam Qardhul Hassan Benevolent loan
Riba Interest Shariah Islamic law
Wa’ad A promise or undertaking
Wakalah A contract of agency to perform a certain task on its behalf
1
CHAPTER ONE INTRODUCTION
1.1 BACKGROUND OF RESEARCH
In general, banking activities were an important part of the economic system whose systemic importance for the stability of national, regional and global financial system cannot be discountenanced (Archer et.al, 2010; Askari et.al 2009, Iqbal and Mirakhor, 2007; Usmani, 2007 and Khan and Ahmed, 2003). During the last 30 years, Islamic finance and banking had contributed significantly to the development of Islamic Economics (Ayub, 2007; El-Gamal, 2006 and Chapra, 1993). Islamic banking and financial system was introduced to ensure that all the banking business and financing were in accordance with the Islamic jurisprudence of the Holy Quran and the Sunnah.
The term “Islamic Finance “(IF) or “Islamic Banking” described in many ways by renowned pioneering scholars generally refered to a system of finance or banking activity which was consistent with the Islamic Laws commonly known as Shariah (El- Tiby, 2011; Ghafar, 2010; Mirakhor and Zaidi,, 2007; Zaher and Hassan, 2001; Khan and Ahmed, 2001; Vogel and Hayes, 1998 and Khan, 1985)
The emergence of Islamic banking operations in the early 1980’s had been expressed as a replication of the conventional banking especially commercial banking practices (Shaikh and Jalbani, 2008; Al-Jarhi, 2005; Wilson, 2002 and Khan, 1994).
Islamic Banks (IBs) had replicated the business of Conventional Banks (CBs) arising from the dual-banking practices with “window concept” in some countries (Iqbal and Llewellyn, 2002 and Wilson, 2002). Historically, the business growth in Islamic IBs was closely mapped with the activities and development of CBs in offering Islamic finance opportunities globally (El-Tiby, 2011; Askari et.al, 2009; Grais and
2
Kulathungga, 2007; Ghafar, 2002 and Zaher and Hassan, 2001). The Securities Commission of Malaysia (SEC) in its 2nd Quarterly Bulletin (2011) asserted that,
“This began in 1974 where Islamic Banks took a systemic approach in the form of debt-based financing via replicating conventional products and what was generally termed as the Shariah rule-compliant (SRC) approach.”
Without prejudice to the existing conventional banking system, the introduction of Islamic banking provided banking customers with an added choice.
Accordingly, Bahrain Monetary Authority (BMA), (2002, p.9) expressed that “Islamic Banking creates the alternative financial system to conventional banking with Shariah compliance features”. In this regard, it may be stated that the development of Islamic finance and banking was based on the premise of adherence to the injunction of the Holy Quran and the Sunnah (which was the saying and the examples of practices set by the Prophet Mohammed) manifested by the Shariah rule-compliance as practiced by IBs. According to Ayub (2007); Iqbal and Mirakhor (2007) and Chapra (2005), the foundational framework upon which the IBs system were built derived from basic understanding of the Quran 2 verse 275 where Allah SWT says: .
“But God hath permitted trade but forbidden usury” whereby those who eat Riba (usury) will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaitan (Satan) leading him to insanity”
Fundamentally, the prime condition under SRC in relation to the trade was derived from the basis of contract of Al-Bay’ exchange mechanism for property rights and prohibition of riba (usury) in the consideration (Vogel and Hays, 2009; Khan, 2008 and Khan, 1987). A system that was very different from Riba in which the risk in a transaction would shift or transferred from one party to another, and not based on risk sharing principles (RSP). Henceforth, only RSP can fit the infaq criteria narrated
3
by the verses from Al-Baqarah 260-282 (International Shariah Research Academy for Islamic Finance (ISRA), 2012; Askari et.al, 2012 and Iqbal and Mirakhor, 2007).
From a classical perspective, among many other factors what makes Islamic banking distinct, therefore was its inherent risk-sharing philosophy. However, notwithstanding the global appeal and burgeoning practice of Islamic banking and finance, a cursory look at the statement of financial position of typical Islamic financial institutions (IFIs) especially IBs would indicate a lesser preference for equity investments based on risk- sharing financing model like Musharakah with Profit and Loss Sharing contracts (MPLSc).
Even when it was supposed to be a main point of distinction from the CBs, the relatively low preference for Profit and Loss Sharing (PLS) financing models among IBs had been taken as being reflected in operational efficiency and dictated by business reality. PLS financing models may be relatively riskier and may have implication for the economic bottom lines of the IFIs.
Such ironic practical disposition of the IFIs seemed to also suffer from lack of research attention as there appears an apparent dearth of studies expounding on this issue. Although the extant literature documents plausible reasons why this may be the case, the thesis topic in this research was that such practices by the IFIs may be a reflection of inadequate credit risk management (CRM) process on their part. It was from this concern that this exploratory research on the Credit Risk Management Policy (CRMP) of the IFIs was derived. This exploratory study described the identification and qualifications for Shariah compliance on the credit risk assessment (CRA) and management in the equity investment of the IFIs. This was with the aim of formulating a CRMP framework in which the PLS can be formulated in the IBs. It was envisaged that the formulation of a CRMP framework would help reduce the reluctance of the
4
IBs to engage in the equity-investments. This would aligned the ‘mechanics’ – operational efficiency - and the ‘spirit’ –of profit and loss sharing- of IBs to be reflected in a lower risk-weighted asset composition in compliance with regulatory guidelines.
1.2 STATEMENT OF THE PROBLEM
The high Risk Weighted Assets (RWA) of IBs relative to regulatory compositions may be linked to their reluctance to increase business partnerships in joint ventures. As noted by studies such as Askari et al. (2012); El Tiby (2011), Ascarya and Yumanita (2006); El Hawary et al. (2005), Abalkhail and Presley (2002) and Dar and Presley (2000), plausible reasons for such reluctance on the part of the IBs included but not limited to an apparent inadequate expertise in risk sharing management, relative newness of the PLS in IBs, as well as an apparently poor understanding and knowledge of the RSP for MPLSc.
RSP for MPLSc partnership presented a unique risk sharing characteristic within the CRMP framework especially when situated in the context of the capital adequacy requirements imposed by the regulator (Haron and Hock, 2007 and Khan, 2005). It may be logical therefore, to consider that credit risk analytic in PLS required a distinctive analysis in the RSP for MPLSc in equity investment as compared to conventional debt transactions (El-Tiby, 2011; Archer and Karim 2009; Iqbal and Zaidi, 2007 and Wilson, 2002). Considering the peculiar challenges with PLS equity investment there was the need for a prudent CRMP framework to manage the investment risk arising from the equity participation in the entity. This was because the implications on risk sharing had to be complimented with a prudent CRMP framework that provided the incentive to deplore more capital based equity investment with RSP