Islamic Financial Institutions & Market

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    Week01

    The Evolution of Islamic

    Financial Institutions &

    Markets

    Introduction

    What is Islamic Finance

    (IF)?

    Conducting financial transactions in accordance

    to the Islamic principles or Islamic laws, i.e.

    shari'ah

    Shari'ah-based vs Shari'ah compliance

    Do they converge?

    Is IF meant only for Muslims?

    Is it exclusive or inclusive?

    Brief Overview of

    Sources of Laws in

    IF

    (1) The Islamic

    system

    (1.1) Faith &

    belief(Aqidah)

    (1.2) Shari'ah

    (1.2.a) Worship

    (Ibadah)

    (1.2.b)

    Mu'amalat

    Takaful, zakat &wealth planning

    Money & capital

    markets

    Financial

    transactions

    (1.2.c) Jinayah

    (1.2.d) Politics,education, etc.

    (1.3) Moral &

    ethics(Akhlaq)

    (2) Sourcesof laws

    (2.1) Primary

    (2.1.a) The

    Holy Quran

    (2.1.b) Thetraditions or

    Knownpractices of

    the prophet

    (2.2)

    Secondary

    (2.2.a) Ijma'

    (2.2.b) Qiyas

    (2.2.c)Istihsan

    (2.2.d) 'urf

    (2.2.e) Al-

    masalih al-mursala

    (2.2.f)

    Istishab

    Principles of Islamic

    finance

    (1) Prohibition of riba

    (2) Money as potential

    capital

    (2.1) The Position of

    Money in Islam

    (2.1.a) Time Value of

    Money

    (2.1.b) The Concepts

    of Risk & Uncertainty

    (3) Risk-sharing

    (3.1) Conventional vs

    Islamic

    (3.2) Al-ghunm bilghurm

    (4) Sanctity of

    contracts

    (5) The materiality ofthe contracts

    (5.1) Based on realeconomic activities

    (6) Shari'ah approved

    activites

    (7) Prohibition of

    excessive speculativebehavior

    (8) Promotion of social

    justice

    Islamic Finance is just a

    small subset of the entireIslamic system

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    mailto:[email protected]
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    HistoricalBackground

    In the1960s

    Mit GhamrBank in Egypt

    Malaysia'sPilgrimage Board

    1970s

    OPEC crisis

    Dubai IslamicBank

    Faisal IslamicBank

    IslamicDevelopment

    Bank

    Iranian Islamic

    Revolution

    1980s

    Bank IslamMalaysia Berhad

    Takaful Malaysia

    Scholarlycontributions

    by Islamiceconomists

    MuhammadBaqir Al-Sadr

    Najetullah Siddiq

    Monzer Kahf

    Anas Zarqa

    M. A. Mannan

    Iraj Toutounchian

    Etc.Government will

    Regulatory framework

    Issues &challenges

    ahead

    Lack ofshari'ah

    standards

    Crossborder

    productsrecognition

    Shari'ahscholars -

    governance

    Study byFund@Work 2011:

    The Top 20Shari'ah Scholars

    holding a boardpositions ranging

    from 14 - 85

    Shortage ofexperienced &

    qualified scholars

    Shari'ah scholars islike a rock star, saysone scholar based

    in Dubai

    Regulatingshari'ah scholars

    Whichbody/jurisdiction to

    regulate?

    Does thebody/jurisdiction has

    the enforcementauthority?

    Accounting &auditing

    standards

    Internationaldisputes

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    Why_Does_IFIM_Exist

    Introduction

    1 IFIM asbackbone to the

    economy

    2 Positivecorrelation

    between efficientfinancial system &economic growth

    The "Black Box"Story

    1 Surplus vs Deficit

    Units

    2 Direct vs IndirectFinance

    2.1 Transaction Cost

    2.2 Risk Sharing

    2.3 InformationAsymmetry

    2.3.1 AdverseSelection

    2.3.2 Moral Hazar

    The Structure ofIFIM

    1 Islamic FinancialServices

    1.1 Islamic Banking

    1.1.1 Deposits &Investment

    1.1.2 Financing

    1.2 Islamic CapitalMarkets

    1.2.1 Islamic

    Securities/Sukuk

    1.2.2 REITs

    1.2.3 Funds & UnitTrusts

    1.2.4 Islamic VC/PE

    1.2.5 Derivatives

    1.3 Takaful

    1.3.1 Takaful

    1.3.2 Re-Takaful

    Roles & Functions ofIFIs

    1 Efficient ResourceAllocation &Mobilization

    2 Marketplace forMarket Participants

    3 Profit opportunitiesfor surplus unit

    4 Least cost offinancing for deficit

    unit

    Internationalization ofFinancial Markets

    1 Examples

    1.1 Eurodollar

    1.2 Eurobond

    1.3 Dow Jones Indices

    1.4 FTSE Indices

    1.5 Internationalizationof Sukuk

    1.5.1 Sukuk issued invarious currencies

    1.6 International IslamicLiquidity Management

    1.6.1 Multi-CurrenciesInstruments

    2 Integration of

    Financial Market &

    Measures of Financial

    Integration

    2.1 Interest Rate Parity

    2.2 Saving-InvestmentCorrelations

    2.3 Stock MarketLinkages

    2.4 Degree of RegionalRisk Sharing

    2.5 Banking SectorOpenness

    2.6 Cross BorderLending & Borrowing

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    Understanding_Price_

    Discovery_Mechanism

    Introduction

    Pricing of new

    products: goods &

    services markets

    Market forces - supply

    & demand

    Cost of producing the

    goods

    Profit margin

    Innovative efforts

    Etc.

    Pricing of new

    products: financial

    instruments

    Market forces, still

    Cost of funds

    Profit margin

    Innovative efforts

    Etc.

    Cost of producinggoods & services

    Cost of materials

    Cost of labor

    Transportation

    Promotions,

    advertisements &marketing

    Strategic ownership of

    certain scientific knowledge

    (exclusive knowledge)

    Etc.

    Cost of funds

    Sources of funds

    Deposits

    Demand

    deposits

    Saving

    accounts

    Current

    accounts

    Investment

    accounts

    General

    Specific

    Financing/loans from the

    financial markets

    Fi i

    Example: Understanding

    the Base Lending Rate

    (BLR) introduced by BNM

    in 1991

    Funding costs - adjusted for

    cost of holding the required

    minimum level of statutory

    reserves & liquid assets

    Administrative cost: staff,

    overheads (exclude cost of

    bad of doubtful debts)

    Profit margin of 0.25% or

    whatever is permissible

    under specific jurisdiction

    What about the

    Base FinancingRate (BFR)?

    Assignment: Please write a

    one-page summary on thistopic before coming to next

    class

    Current Practice

    Since the pricing mechanism is

    almost absence in the Islamic

    financial services industry, the

    industry resorts to 'benchmarking'

    Benchmarking against LIBOR (or

    any other interest rates) is

    permissible according to Sheikh

    Taqi Usmani (Pakistan) & Sheikh

    Nizam Yaquby (Bahrain)

    Other scholars, including Sheikh

    Nizam Yaquby, dislike the practice &

    opined that the industry should

    develop an Islamic price discovery

    mechanism (Banker Middle East,

    Dec 20, 2006)

    ISRA has published a research article

    on pricing mechanism for Islamic

    Finance (available from www.isra.my)

    The search for the right pricing

    mechanism is an going research

    agenda & top on the list of importance

    for the IF practitioners, researchers,

    teachers and students alike

    Until we find such measures, we'll

    rely on benchmarking

    The Islamic I nterbank Benchmark

    Rate (IIBR) recently developed by

    Thomson Reuters & AAOIFI

    Mainly on profit-loss

    sharing (Mudharabah)

    Based on

    'trust' -

    Amanah

    http://www.sesric.org/event-detail.php?id=646
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    Islamic_Financial_Institutions:The_Islamic_Banking_System

    Introduction

    FinancialInstitutions:The Islamic

    Banking

    What's an Islamicbank?

    How does an Islamicbank differ to a

    'conventional' bank?

    Islamic bank in adual-banking system

    The Bank's Balance SheetSource: van Greuning & Iqbal.2009. Balance Sheet Analysis:Islamic vs. conventional. New

    Horizon

    The conventional bank

    Assets

    Loans & advances

    Cash & cash balances withanother banks

    Investment in associate,subsidiaries & JV

    Financial assets held fortrading

    Cash & balances with thecentral bank

    Liabilities

    Deposits

    Due to banks & other financialinstitutions

    Other liabilities

    Sundry creditors

    Equity & reserves

    The Islamic bank

    Assets (uses of funds)

    Cash balances

    Financing assets (murabaha,Salam, ijarah, istisna)

    Investment assets(mudharabah, musyarakah)

    Fee-based services (ju'ala,kafala, etc)

    Non-banking assets (property)

    Liabilities (sources of funds)

    Demand deposits (amana

    Investment accounts(mudharabah)

    Special investment accou(mudharabah, musyaraka

    Reserves

    Equity capital

    The Historical Development

    Roles & Functions of theIslamic Banking System

    PrimaryDeposits & financing

    mobilizations

    SecondaryFee-based services

    ATM

    Safe deposits

    Ancillary servicesAr-rahn - Islamic pawning

    system

    Other Types of IslamicFinancial System

    Finance companies

    Saving institutions

    Development institutions

    Co-operative banks

    Import-Export banks

    The central banks

    ProductDevelopment:Adaptaion vs.

    Innovation

    Early stage of development -adaptation

    Entering into a mature stage -innovation

    Issues: form vs. Substance

    Banking & the FinancialMarket Regulations

    To instill confidence andmarket discipline

    Tighter as a result of therecent financial crises

    Disclosure

    Regulatory responses to

    financial scandals

    Enron, UBS, Lehman

    Brothers, Dubai World, etc.

    Exaggerated earnings

    Failure to disclose relevantinformation

    Roles of auditors

    Proper oversight committee

    Insuring Islamic Deposits(discussed separately)

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    Insuring Islamic Deposits

    The rationale for depositinsurance

    Started in the US after the Great

    Depression

    To provide confidence as wellas protection before the crisis

    occurs

    Its importance become moreprevalence in recent years due

    to various financial crises

    Most deposit insurance willcover less than 80% of the totaldespots in the banking system

    Type of deposit insuranceImplicit

    Explicit

    BNM's Shar i'ah Resolution Types of funds

    Islamic banking funds

    Customers' deposits

    Wadiah

    Mudharabah

    Qardul Hass

    Corporate banking

    Treasury activities

    Deposit insurance in practiceBasic principle: no co-mingling

    of funds

    Rely on conventional depositinsurance

    Islamic deposits are very small,thus no incentives for regulatorsto enforce the establishment of

    deposit insurance scheme

    Mixed-pool of funds

    Premiums received fromconventional and Islamic banks

    are put in the same pool and

    returns on investments areshared based on % of

    contributions from each sector

    Separate pool of fundsPremiums received from Islamic

    & conventional banks are putinto two separate pools

    Way Forward

    To separate the pool between

    the Islamic & conventionalbanks

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    Non_Bank_Islamic_Financial_Institutions

    Introduction

    Banking institutions

    Non-bank financialinstitutions

    What is a non-bankfinancial institution

    Not clearly defined

    Normally providesbanking serviceswithout a bankinglicense or is notsupervised by a

    national orinternational banking

    regulatory agency

    Typically, non-deposit taking

    institutions

    Facilitates bank-related financial

    services, such as

    investment, riskpooling, contractualsavings, and market

    brokering

    Accounted forapproximately $200billion in transactions

    in the U.S. (1996)

    Hedge/mutual fundcompanies

    Regulatorychallenges in thewake of financial

    crises

    The [U.S] FinancialStability OversightCouncil (FSOC) onTuesday (10.10.11)

    issued a moredetailed guidelines

    for designatinginstitutions too big to

    fail

    Objectives: toprovide clarity to

    insurance, mutualfund & hedge fund

    companies

    Systemicallyimportant financialinstitutions (SIFIs)are seen to pose

    systemic risks to theeconomy in a

    financial stressscenario

    govern by theFederal Reserve &

    State agencies (U.S)

    The criteria: Sifi willhave more than

    $50bn (36.3bn) intotal consolidated

    assets and meet atleast one of theother criteria,

    including whether it

    has $3.5bn (

    2.5bn)in derivative liabilitiesor

    $20bn (14.5bn) inoutstanding loans

    borrowed and bondsissued

    Examples: GoldmanSachs & JPMorgan

    Chase

    Sifi ill b bj t

    Roles & functions inpromoting IFIS

    Strengthening the economy, asthey provide "multiple alternatives

    to transform an economy'ssavings into capital investment[which] act as backup facilities

    should the primary form ofintermediation fail." (Alan

    Greenspan, 1999)

    What other rolesthan you can think

    of?

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    Central Bank Under the DualBanking System

    Introduction

    What is a central bank andwhy does it matter?

    Single Islamic system

    Only shari'ah law exists:everything is defined as

    operating under shari'ahExamples?

    Dual-Banking System

    Exists dual-laws in parallelfor the Islamic as well as the

    convention system,respectively

    Examples?

    Hybrid System

    Single law exists and appliedto both, Islamic as well as

    conventional FIs

    Examples?

    The Structure of a CentralBank

    Board Members

    Governor

    Deputy Governors

    Directors/GMs/etc

    Financial Policy

    Treasury

    Research

    HR

    Investment

    Etc

    Roles & Functions of aCentral Bank

    Issuer of currency & keepsreserves safeguarding the

    value of currency

    Acts as a banker & financial

    adviser to the Government

    Promotes monetary stability

    & sound financial structure

    Lender of last resort

    Shari'ah supervisory

    The Conduct of a MonetaryPolicy

    Tools

    OMO

    Temporary: repurchase orreverse repurchase to add ordrain reserves in the banking

    system

    Permanent: to buy or sellsecurities to add or drain

    reserves in the financialsystem

    The interbank rate: banklends excess reserves to

    other depository institutionsovernight

    Discount Lending/Window

    The Discount Windowfunctions as a safety valve in

    relieving pressures inreserve markets

    To alleviate liquidity strainsin a depository institution andin the banking system as a

    whole

    To ensure the basic stabilityof the payment system bysupplying liquidity during

    times of systemic stress

    Primary credit rate: 0.75%

    Seasonal credit rate: 0.20%

    Secondary creditrate:1.25%

    Reserve Requirements

    TargetsOperating targets

    Immediate targets

    Goals

    Price stability

    High employment

    Sustainable growth rate

    Selected MonetaryFramework

    Exchange rate targeting

    Monetary targeting

    Inflation targeting

    Interest rate targeting

    Current Issues in Monetary

    Policy

    Quantitative Easing (QE):

    What's it?

    Shari'ah compliance

    instruments

    The depth & width of the

    interbank money market

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    Islamic Financial Markets:The money market

    Financial instruments with

    maturity less than 12months

    Objectives: asset-liabilitymismatch

    What is asset-liability

    mismatch?

    Assets are long, whileliabilities are shorts

    Market place

    Islamic interbank moneymarket at Bank Negara

    Malaysia

    Pasar Uang Antar Bank

    hosted by Bank Indonesi

    Liquidity Management

    Center in Bahrain

    International Islamic

    Liquidity Market

    Instruments: Examples

    from BNM's IIMM

    Government investment

    issue (GII)Qardul Hassan & Al-Inah

    Up to 3 years

    Mudharabah interbankinvestment

    Mudharabah0-12 months

    Wadiah interbank

    acceptanceWadiah yad dhamanah

    Not specified

    Malaysia Islamic treasury

    bill (MITB)Bai al-Inah

    3,6,9 months

    Bank Negara NegotiableNote (BNN-Note)

    IjarahUp to one year

    Islamic accepted bill (IAB)

    MurabahahNot specified

    Islamic Debt Securities

    BBA, Mudharabah,Murabahah

    3-15 years

    Cagamas MudharabahBond

    Mudharabah -> BBAUp to 10 years

    Islamic negotiable

    instrument of depositMudharabah

    Not specified

    Negotiable Islamic debttifi t

    AAOIFI defines

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    Islamic FinancialMarkets: IslamicCapital Market

    The sukuk market:What's sukuk?

    AAOIFI definessukuk as certificates

    of equal valuerepresenting

    undivided shares inthe ownership oftangible assets,usufructs and

    services or (in theownership of) the

    assets of particularprojects or specialinvestment activity

    Why invest in sukuk?

    Returns vs. priceInformed investors:Decisions to invest

    Risk structure

    Present in allinvestment portfolios

    Incorporated ininvestment decisions

    Rating

    Assessment of theunderlying assets

    Sukuk structure:asset-backed vs.

    asset-based

    Instruments

    Mudharabah Sukuk MudharabahMedium- to Long-

    Term

    Musyarakah Sukuk Musyarakah Medium- to Long-Term

    Ijarah Sukuk IjarahMedium- to Long-

    Term

    Murabaha Sukuk MurabahahMedium- to Long-

    Term

    Salam Sukuk SalamMedium- to Long-

    Term

    Istisnaa Sukuk Istisnaa Medium

    Hybrid SukukMurabahah,

    mudharabah, Ijarah,etc.

    Medium- to LongTerm

    Sukuk default

    Possible sources

    Large SingleExposure on Single

    Group

    Property bubbles

    Over reliance onforeign liquidity

    Kuwait InternationalInvestment Group

    ($152.5 mil.)

    Kuwaiti InvestmentDar ($100 mil.)

    Legal Recource(Sukuk Structures)

    MIFC

    Asset-based:Allows the inclusion of the

    actual asset which may not belegally recognised to be

    owned outright by the sukukholders

    Recourse only toultimate issuer & notany particular asset

    No legal claim onassets

    Rely on credit risk ofthe obligator

    Asset-backed:Grants the sukuk holder a

    share of the concrete assetor business venture, and a

    share of the riskcommensurate with the "truesale" ownership of the asset

    Recourse on specificassets

    Subjected to qualityof assets

    Full recourse tounderlying assets

    Way forward

    The International Islamic Financial Market(IIFM) is midst of preparing a master

    agreement for the asset-backed sukuk

    Investors need not only to understand the risk, thequality of assets, & transparency, but also to

    understand the restructuring process, expectationsof recovery & length of the process of any types of

    sukuk structures

    Establishing better legal infrastructure &

    corporate governance

    Consumer education, disclosure beyond thesukuk prospectus: Investors' confusion that

    they have recourse to certain underlyingassets, in most sukuk, investors only

    subjected to beneficial right to the underlying,rather the title itself - no claim to theunderlying itself when sukuk is up for

    restructuring.

    When the Salam

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    The Mortgage &Futures Markets

    The Islamic Mortgage

    Ijarah

    Musyarakah(Partnership)

    Bai Bithamin Ajil(BBA)

    Deferred payment

    Some BBA contracbundled with al-ina

    contract

    MusyarakahMutanaqisah

    (DecliningPartnership)

    The Islamic FuturesMarket

    Issues in Salamcontract

    Some elements ofgambling?

    When the Salamcontract is applied

    into financial contracts- especially for

    hedging purposes

    Possession vs.ownership

    Instruments can onlybe sold if theownership isestablished

    Gharar (uncertainty)

    What is Salamcontract?

    Payment spot

    Delivery on an agreedfuture date

    Product must bespecified, but cannot

    be too or wellspecified. Why?

    Examples of Salamcontract

    Widely used inagricultural products

    as a way for farmer toraise working capital

    or financial need

    The list of shariah compliant index are

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    Shariah ScreeningProcess

    What is a shariahscreening process?

    Why do we need ashariah screening

    process?

    Widely used andacceptable standards

    FTSE Global IslamicIndex Series

    Dow Jones IslamicMarket Indexes

    Securities Commissionof Malaysia

    Methods of ShariahScreening Process

    (Example from FTSEGIIS)

    Qualitative methods(Screening by types of

    industries)

    Gambling & gaming relatedindustries

    Pork and other non-halalfood production

    Conventional finance, banking,asset management, insurance & etc.

    Hotel & casinos

    Alcohol

    Weapon, arm manufacturingactivities, etc

    Quantitative methods(Screening by looking at financialratios, after passing the qualitative

    methods)

    Debt to Asset ratio =< 33%

    Cash and interest bearing itemsratio to Total Assets =< 33%

    Account Receivables & Cash toTotal Assets =

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    Supra-NationalFinancial

    Institutions

    The World Bank

    Bank is headquartered inWashington, D.C.

    MISSIONOur work is challenging, but

    our mission is simple:Help reduce poverty.

    The Agencies

    The International Bank for Reconstruction and

    Development (IBRD) lends to governments ofmiddle-income and creditworthy low-income

    countries

    The International Development Association

    (IDA) provides interest-free loanscalledcredits and grants to governments of the

    poorest countries

    The International Finance Corporation (IFC) providesloans, equity and technical assistance to stimulate

    private sector investment in developing countries

    The Multilateral Investment Guarantee Agency (MIGA)

    provides guarantees against losses caused by non-commercial risks to investors in developing countries

    The International Centre for Settlement of Investment

    Disputes (ICSID) provides international facilities forconciliation and arbitration of investment disputes

    The InternationalMonetary Fund (IMF)

    Number of member countries: 188 countriesThe IMF was conceived in July 1944, when

    representatives of 45 countries meeting in thetown of Bretton Woods, New Hampshire

    They agreed on a framework for internationaleconomic cooperation, to be established after

    the Second World War

    They believed that such a framework wanecessary to avoid a repetition of the disast

    economic policies that had contributed to tGreat Depression

    The IMF came into formal existence inDecember 1945, when its first 29 member

    countries signed its Articles of Agreement

    It began operations on March 1, 1947. Later thatyear, France became the first country to borrow

    from the IMF

    Objectives

    working to foster global

    monetary cooperation

    secure financialstability

    facilitate

    international trade

    promote high employmentand sustainable economic

    growth

    reduce poverty around

    the world

    The Bank ofInternational

    Settlements (BIS)

    Objectives

    to serve central banks in their pursuitof monetary and financial stability

    to foster international cooperation in

    those areas and to act as a bank for

    central banks

    Mission

    promoting discussion and facilitatingcollaboration among central banks

    supporting dialogue with other

    authorities that are responsible forpromoting financial stability

    conducting research on policy issuesconfronting central banks and

    financial supervisory authorities

    acting as a prime counterparty forcentral banks in their financial

    transactions

    serving as an agent or trustee in

    connection with international financialoperations

    The Islamic DevelopmentBank (IDB)

    Establishment

    IDB is an international financial institutionestablished in pursuance of the Declaration of

    Intent issued by the Conference of FinanceMinisters of Muslim Countries held in Jeddah in

    Dhul Q'adah 1393H (December 1973)

    The Inaugural Meeting of the Board of

    Governors took place in Rajab 1395H (July1975), and the Bank was formally opened

    on 15 Shawwal 1395H corresponding to 20October 1975

    Purpose

    To foster the economic development and social progress

    of member countries and Muslim communities

    individually as well as jointly in accordance with theprinciples of Shari'ah i.e., Islamic Law

    Membership

    56 countries

    Must be OIC

    member

    Accept the terms andconditions of the Articles

    of establishment

    The AsianDevelopment Bank

    (ADB)

    ADB aims for an Asia and Pacific freefrom poverty

    Approximately 1.8 billion people in the region

    are poor and unable to access essential goods,services, assets and opportunities to whichevery human is entitled

    Financing Operations

    Private sector financing

    Public sector financing

    Trade finance

    Other focus areas

    The EuropeanCentral Bank (ECB)

    The ECB is the central bank for Europe'ssingle currency, the euro

    The ECBs main task is to maintain the

    euro's purchasing power and thus pricestability in the euro area

    The euro area comprises the 17

    European Union countries that have

    introduced the euro since 1999

    How Do We

    Approach ThisTopic?

    How do these institutions promoteIslamic financial services industry?

    Research on Islamic financial

    services industry

    Best practices

    Regulatory/supervisory roles

    Globally accepted standards

    Does the Islamic financial services

    industry needs to emulate andestablish similar institution (other

    than IDB)?

    Yes & No. Why?

    What lessons could we learn fromthe effectiveness of these

    institutions in dealing with global

    financial crises?

    Effective vs. ineffective policy

    description

    one policy fits all might not

    work best for all countries

    Examples: Asian financial crisis 1997; sub-prime crisis -> global financial crisis &

    European financial crisis, the PIGScountries

    Liquidity support

    Regulatory reform