Islamic Modes of Financing Murabaha. Summary of the Previous Lecture In previous lecture we...

Islamic Modes of FinancingMurabaha

Summary of the Previous Lecture

In previous lecture we discussed the;

• Governing features of Islamic banking system

1. The prohibition of interest based transactions

2. Avoidance of speculations (gharar)

3. Avoidance of oppression (zulm)

4. Introduction of Islamic tax (zakat)

5. Financing of Sharia Approved activities

• Comparison of Islamic and conventional banking system.

Learning Outcomes

After this lecture you should be able to understand

• The concept of Murabaha

• The stages involved in Murabaha transaction

• Practical issues in Murabaha and their resolution

• Murabaha documentation

• Uses of Murabaha as Mode of finance (Local as well as

import Murabaha)

Definition of Murabaha

Murabaha is a particular kind of sale where seller

expressly mentions the cost it has incurred on

purchase of the asset(s) to be sold and sells it to

another person by adding some profit, which is

known to buyer.

What is Sale?

Sale is defined in the Islamic Fiqh as an

Exchange of a thing of value with another thing

of value, with mutual consent.

Components of Valid Sale

SALE

CONTRACT SUBJECT MATTER

PRICE POSSESSION

• Offer/Acceptance Buyer/Seller

• Existence• Ownership• Possession• Valuable• Specific• Halal Purpose• Delivery

• Quantified• Certain

• Physical• Constructive

Features of Murabaha

1. Murabaha finance is not a loan given on

interest, it is a sale of asset(s) for cash/deferred

price.

2. It is the obligation of the seller to disclose the

cost and profit to the buyer.


3. Murabaha finance can only be used for the

purchase of fresh asset(s) only.

4. Buy-back arrangement is prohibited. This means

that Murabaha transaction cannot be executed

for the asset(s) already purchased by the

customer.


5. Murabaha Transaction can either be a cash sale

(Spot Payment Murabaha) or a credit sale

(Deferred Payment Murabaha) or a combination

of both.

6. Payment of Murabaha Price can be made in

lump sum or in installments or combination of

both.


7. It is a fixed price sale and normally is done for

short term.

8. The Murabaha Finance can be used to meet

the working capital requirements. However, it

cannot be used to meet the liquidity

requirements.

VARIOUS MODELS OF

MURABAHA FINANCE

Model - ITwo party relationship

• Bank – customer

Model - IIThree party relationship

• (Bank-vendor) and customer

Model - IIIThree party relationship

• Bank and (vendor-customer)

Model - I• The simplest possible model emerges when the

transaction involves two parties only, i.e. Bank and the

customer.

• The bank is also vendor and sells the asset(s) to its

customers on deferred payment basis.

• From Shariah perspective it is an ideal model and its

profits are fully justified because bank assumes all risks

as vendor/trader.

Bank/VendorCustomer 1

2

3

MODEL I – GRAPHICAL PRESENTATION

Model I - PhasesPhase 1:

The customer approaches Bank (Vendor) and identifies Asset(s) and collects relevant information including cost and profit.

Phase 2:

Bank sells Asset(s) to the Customer, transfer risk and ownership to the Customer at certain Murabaha Price.

Phase 3:

Customer pays Murabaha Price in lump sum or in installments on agreed dates.

Model - II

• In most cases Murabaha transaction involves a

third party (i.e. Vendor) because bank is not

expected to engage in sale of variety of products

required for variety of customers.

• The bank directly deals with the vendor and

purchases the asset(s).

Model II

• The bank sells the purchased asset(s) to the

customer on cost plus basis.

• There are two distinct sale contracts at

different point of times. First between bank

and vendor and second between bank and

the customer.

Vendor

Customer Bank

1

2

3

4

6

5

Model II – Graphical Presentation

Model II - PhasesPhase 1:

Customer identifies and approaches the Vendor or Supplier of the Asset(s) and collects all relevant information.

Phase 2:

Customer approaches the Bank for Murabaha Financing and promises to buy the Asset(s).

Phase 3:

The Bank makes payment to vendor directly.

Model II – Phases

Phase 4:

Vendor delivers the Asset(s) & transfers the ownership of Asset(s) to the Bank.

Phase 5:

Bank sells the Asset(s) to Customer on cost plus basis and transfers ownership.

Phase 6:

Customer pays Murabaha Price in lump sum or in installments on agreed dates.

Model III – Banking Murabaha

• This Murabaha model is mostly practiced model in banking now a days and therefore we will look at it in more detail.

We will also look at the documentation required at different stages of the transaction.

• It is also a three-party structure but it is bit complicated than previous ones.


• The product of Murabaha that is being used in

Islamic banking as a mode of finance is something

different from the Murabaha used in normal trade .

• It is called Murabaha to the purchase order.


• It is a bunch of contracts completed in steps and

ultimately serves the financial needs of the client.

• The sequence of their execution is extremely

important to make the transaction Shariah

compliant.

Model III – Graphical Presentation

Bank

Vendor4

3

2

1

5

5

6Offer Acceptance

Customer

7

Phase I – Promise to Purchase and Sell

• The customer approaches the bank for Murabaha

Finance and promises to purchase the asset(s)

from the bank which, the customer will purchase as

an agent of the bank.

• Master Murabaha Finance Agreement (MMFA)

shall be signed by the bank and the customer at

this stage. This is basically a memorandum of

understanding between two parties.

Phase II – Appointment of Agent

• In the absence of expertise required to purchase

particular kind of asset(s), the bank appoints customer

as its agent to buy asset(s) on its behalf


• The appointment of an agent for purchase of

asset(s) for and on behalf of the bank and the

ultimate sale of such asset(s) to the customer shall

be independent transactions of each other and

separately documented.

• However, according to Shariah, it is preferable to

appoint the agent other than the customer.


• Agency agreement is not the condition of the

Murabaha if the institution can make direct purchases

from the supplier.

• It is advisable to execute agency agreement because

financial institution does not have the expertise to

identify the asset(s) and negotiate an efficient price.

Phase II – Documentation

Agency agreement

• This agreement must contain:

a. Types (global/specific)

b. Description of asset(s) to be purchased

c. Mode of disbursement of funds

d. Roles and responsibilities of agent

• This documents must be signed before purchase of

asset(s) by the agent

Phase III & IV – Purchase of Assets by Agent

• The customer identifies the vendor, selects the asset(s)

on behalf of the bank and advice its particulars, including

the vendor’s name and purchase price to the bank.

• If the supplier is nominated by the customer itself,

guarantee for good performance can be demanded from

the customer.

Phase III & IV – Purchase of Asses by Agent

• The customer takes possession of the asset(s) as an agent

of the bank.

• It is the obligation of the customer(agent) to ensure, at this

stage, that asset(s) supplied is in accordance with the given

specifications.

• To ensure that fresh asset(s) are purchased by the agent,

bank’s staff should verify actual purchase of asset(s).

Phase III & IV– Documentation

Declaration from customer (agent)

• The customer (agent) will inform the bank, through this document, that it has taken the possession of asset(s) on behalf of the bank.

• This transactional document shall be an integral part of master Murabaha financing agreement (MMFA).

• This declaration must contain the statement that customer has inspected the asset(s) to ensure that its appropriateness and suitability to the customer.

Phase v Disbursement of Funds / Payment to Vendor

• The bank has two options regarding payment of

purchase price of asset(s) bought by agent on its behalf.

a) Direct payment to vendor by the bank (preferable).

b) Disbursement of funds to agent’s (customer’s)

account for onward payment to vendor through

cross cheque / pay order / demand draft etc.

Phase V - Documentation

Letter of disbursement

• This documents is a request from customer to disburse funds for payment to vendor.

• The disbursement of funds to the customer shall be treated as “advance against Murabaha”.

Phase VI - Murabaha Execution Stage (Offer and Acceptance)

• The customer offers to buy the asset(s) from the bank which it has purchased as an agent of the bank.

• The bank gives the acceptance to the customer’s offer.

• This is the point where the Murabaha comes in to existence.

Phase VI Murabaha Execution Stage (Offer And Acceptance)

• It is obligatory that the point when the risk of the asset(s) is passed on by the bank to the customer be clearly identified.

• It is mandatory to determine the Murabaha price at this stage, otherwise Murabaha shall not be valid.

• It is also mandatory to determine the date of payment of Murabaha price rendering the Murabaha to be valid.

Phase VI Murabaha Execution Stage Documentation

a) Offer for purchase

• The customer offers to buy the asset(s) purchased by

it as an agent.

• This documents should be signed after actual

possession of asset(s) by the customer but before

consumption of such asset(s).

• This transactional document shall be an integral part

of master Murabaha financing agreement (MMFA).


b) Bank’s acceptance of offer

• Bank accepts the customer’s offer and sells the

asset(s) purchased by customer(agent) on its behalf

on Murabaha price to be paid on agreed future date.

• The asset(s) must be in bank’s possession by either

way, i.e. Physical or constructive.


• This document must contain

i. Murabaha price (cost+profit)

ii. Repayment date


c) Payment schedule summary

• The customer has three options to pay the

Murabaha price.

i. Lump-sum payment

ii. Installment payment

iii. Partly instant and partly in installment

• This documents is required if the customer wishes

to pay the Murabaha price in installments


d. Demand promissory note

• After execution of Murabaha, the Murabaha

price will become the debt (dayn) on the

customer.

• This document is customer’s acknowledgement

to the debt amount and its promise to pay the

debt.

Phase VII Payment of Murabaha Price by Customer

• Customer will pay the Murabaha price to the bank on the

agreed date.

• The customer is not entitled to any reduction in Murabaha

price in case of early payment of Murabaha price.

• In same way bank can not increase the Murabaha price if

the customer defaults or make delayed payment.

Securities in Murabaha• The institution may ask the customer to furnish a security

to its satisfaction for prompt payment of the Deferred

Murabaha price.

• It is also permissible that the sold asset(s) itself is given to

the seller as a security.

• It is preferable not to take Interest bearing instruments as

securities.

Securities in Murabaha• Bank can obtain any of the following security from

its customer client depending upon the nature of credit facility, amount of facility and credibility of the customer.

a. Hypothecation of assets

b. Pledge of goods and/or marketable securities.

c. Lien on deposits.

d. Mortgage on immovable properties.

e. Bank guarantees.

f. Personal guarantees.

Murabaha in Foreign Trade

Murabaha

Import Murabaha

Export Murabaha

Pre-shipment Post-shipment

Use of Murabaha in Imports

• Agency agreement must be signed before

opening of L/C in case of imports.

• All costs/charges (e.g. SWIFT charges, L/C

opening commission) shall be included in the

cost of Murabaha asset.

• Offer and acceptance may be signed when the

asset(s) arrived at port.

Use of Murabaha in Exports

• In case of pre-shipment, normal procedure as

adopted in local Murabaha shall be strictly followed.

• In case of post-shipment, Murabaha can not be

executed for goods already exported. However,

Murabaha can be executed for fresh purchases

required for next shipment against assignment of

receivables for first shipment.

Practical Issues in Murabaha

Discount on Acquisition of Assets

Discounts from supplier (If any) would be

passed on to the customer at the time of

Murabaha Sale by reducing the cost of sales.

Rise in Prices of Asset(s)

• If there is a rise in prices and the amount escalates

for which financing is availed then the transaction can

only be executed if the Bank has been informed and

the Bank subsequently accepts the same.

• The institution reserves the right to reject the

purchases if made other then agreed price.

Change of Asset(s)

• Change of Asset(s) in the agency agreement

can be done with mutual consent.

• If Agency Agreement is for specific Asset(s)

then new agreement is required for changed

Asset(s).

Delay in Supply from the Supplier

Delay in Supply from the supplier in case where specific

time was allowed, leads to the revocation of agency

agreement. In such cases the customer will refund the

cost of goods.

Rollover in Murabaha

• Rollover (renegotiate) is also not allowed.

• Rollover in a Murabaha transaction would imply

that payment of earlier Murabaha price by

executing new Murabaha.

Partial Murabaha

• At times Customer may require partial financing

for its shipment.

• In this case the share of Seller (Bank) should be

mentioned on the invoice and that share should

be separately kept to facilitate the verification by

Bank’s officer.

Murabaha with Related Parties

• In case of Murabaha, the vendor and the customer must

be independent to each other.

• Banks are not allowed to enter into a Murabaha

transaction where vendor and customer are associated

parties.

• Parties are considered to be related parties if one party

has 33% or more shares/ownership in the business of

other party.

Summary of the Lecture

In this lecture we covered

• The concept of Murabaha

• The stages involved in Murabaha transaction

• Practical issues in Murabaha and their resolution

• Murabaha documentation

• Uses of Murabaha as Mode of finance (Local as

well as import Murabaha)

Islamic Modes of Financing Murabaha. Summary of the Previous Lecture In previous lecture we...

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