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Executive Summary
Shariah‐compliant Islamic Banking has taken the world by storm. The concept has proved its worth
in Middle‐East and major financial markets of the world, but is yet to find a strong footing in India.
With significant Muslim population in the country, the financial institutions are trying to introduce
the Islamic finance to the Indian market with Shariah‐compliant retail banking, mutual funds and
portfolio management services. However, with significant percentage of Muslim population not able
access conventional banking itself, success of different banking vertical altogether is questionable;
and Shariah‐compliant products can help involve Muslims in financial sector to an extent only. So far,
the funds and the initiatives taken up by financial institutions have been targeted more at the high
net‐worth gulf investors rather than at the domestic retail investors. While India presents huge
untapped potential, the large scale development of Islamic finance requires major reforms and
changes in the regulatory framework which is a daunting task.
Introduction
Muslims accounts for roughly 23% of the world’s population1 and their population have been
growing fastest at the rate of 1.84% per year2. Within India too, Muslims accounts for 13.4% of total
population3 (2005) and are the fastest growing religious group. This population segment makes
Islamic banking – a system of banking or investment activities guided by Islamic law – very attractive
business opportunity for fund managers and bankers to unlock billions of dollars tied up with pious
Muslims. In this context, certain questions arise. Are the Indian financial institutions equipped to
make the most of the potential associated with Shariah finance? Are the existing policies and
processes robust enough to address the implementation issues related with Islamic Banking? In this
paper, we will address some of the issues related to the adoption of Islamic financial products in
India.
Principles of Islamic Finance
Islamic principles, stated in Qur’an and interpreted by Islamic scholars, prohibit:
(a) Collection and payment of interest;
(b) Profit earned without sharing risk; and
(c) Investing in businesses:
1. That are haraam i.e. businesses dealing with alcohol, pork, gambling, interest collection,
entertainment, tobacco, fashion, pornography and defense;
2. That pay or earn interest i.e. businesses with high interest income or debt leverage; and
3. Shares of which are not negotiable (cannot be sold except for at par value) i.e. businesses
with large proportion of assets in liquid form.
Shariah principles permit only ethical investment (investments with contribution to social welfare)
with emphasis on moral purchase. Islamic banks are also required to maintain 100% cash reserve
ratio, though it is not strictly followed in practice.
Islamic Financing in Global Markets
Islamic finance in its modern form is barely a few decades or so old and is primarily fuelled by cash
surplus from petro‐dollar in Gulf Cooperation Council (GCC) countries. Globally, Islamic finance is
estimated to be worth about $300‐$500 billion, growing at 20% annually4. Recent years have seen
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Islamic Financial Products – Road Ahead in India
spurt of activities in Islamic finance across the world with Union National Bank in UAE starting its
first Islamic fund, Maybank in Malaysia launching its first structured deposit product, I‐Cap in New
Zealand launching $100 million private equity fund, and launch of Hang Seng Islamic China Index
fund, to name a few. Exhibit ‘A’ shows increase in number of Shariah‐compliant funds in the world.
Growing popularity of Islamic financing is also reflected in that in last few months Dow Jones, FTSE,
S&P and MSCI have started their own Islamic equity indices5 and Ernst & Young launched first Islamic
investment report exclusively on the subject in 20076. Recent sub‐prime crisis in the US and its
repercussions in the financial markets have made Islamic funds even more lucrative, and hence in
limelight, compare to regular funds since former do not have exposure to credit crunched financial
sector stocks.
Islamic Financing in India
With second largest Muslim population in the world, well regulated capital markets, and nascent
stage of Islamic finance, India has huge untapped potential for Shariah‐compliant banking and
investment opportunities for both local and foreign investors. In fact, industry estimated investment
of $1 billion in Shariah‐compliant equities within last year7. While primary target segment for
Shariah‐compliant funds remains investors from GCC countries, Indian banks (Kotak Mahindra,
Edelweiss, etc.) are also jumping on the bandwagon to cater to Indian and NRI Muslims by launching
new ventures. Further, worldwide Islamic funds are also targetting Indian market due to higher
expected returns and as means to diversify outside North America and Europe. A study by Dr. Nisar
of Mumbai based Idafa Investment estimates that market capitalization of Shariah‐compliant stocks
in India at 61% of total market capitalization is much higher than that in many Muslim countries7,
thereby making India a ready market for Islamic investment. Exhibit ‘B’ presents industry‐wise
distribution of Shariah‐compliant stocks as identified by Ahmedabad based brokerage firm Parsoli
Corporation.
In November 2007, Taurus Asset Management filed for India’s first Shariah‐compliant mutual fund
along with Parsoli Corporation. However, SEBI is yet to give approval to the fund due to its unique
theme and religious angle8. Meanwhile, Reliance Money has started Shariah‐compliant portfolio
management services for high net‐worth individuals. Reliance, UTI, Way2Wealth and Edelweiss have
also planned to launch Islamic mutual funds in coming months9. Parsoli was first to launch Parsoli
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Islamic Financial Products – Road Ahead in India
Islamic Equity (PIE), India’s first Islamic index, in December 2006. Last year, for the first time, S&P
included Indian companies in its Islamic index for BRIC countries4.
On banking front, Islamic banking in India is confined to cooperative sector where only 10‐15 banks
with deposit of about INR 75 crores are operating in various districts all over the country. These are
largely NBFCs working on no profit‐no loss basis catering to local needs10.
Islamic Financial Products for Indian Market
The Indian equity market is an excellent avenue for Shariah‐compliant investments. Presently, it
offers an ideal alternative, perhaps the only alternative, to the Indian Muslim investor who would
like to conform to Shariah in the matter of personal finance. This is because of a near‐total absence
of halaal financial assets, such as deposits with Islamic financial institutions. Islamically acceptable
products like equity trade, insurance, mutual fund and other wealth management products can be of
significant interest.
Mutual Funds: These funds are invested in different sectors like IT, automobile, telecommunication,
cement and sometimes in interest based financial institutions. Investor has to purify interest income
from the profits. The different categories of mutual funds can be equity funds, sector funds, index
funds and growth funds. The risk profiles and the purification owing to the interest income earned
by certain companies in the portfolio vary from fund to fund. For example, equity funds carry a
bigger risk profile than bond funds whereas index funds require significant purification as current
index contains many banking stocks.
Islamic Mortgage Products: Shariah‐compliant products are based on Ijara and Murabaha methods.
Under an Ijara finance plan, financer purchases the property from vendor and re‐sells to customer at
same price. Customer pays back the financer installments for purchase price and rent for the use of
the property for agreed upon period of time, end of which the legal title is transferred to the
customer. Under Murabaha plan, bank re‐sells property to customer at agreed upon profit markup
and customer pays back price in several installments. The underlying concept is similar to the
traditional loans except that at no stage is the customer paying interest – the rent/profit markup is
fair payment for use of the property/benefit of trade rather than a charge for borrowing money.
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Islamic Bonds: Bonds can also be tailored to Shariah‐compliance, such as, a floating‐rate note that
provides "rent" in lieu of interest from a series of government properties that form the bond’s
collateral.
Similarly, sophisticated debt instruments like convertible bonds that morphs into shares of Shariah‐
compliant companies at a given strike price and traditional retail banking services such as deposits
and profit‐sharing based commercial loans can be provided in Indian market.
Future Trends and Implication for Indian Market
With huge remaining potential and increasing awareness about Islamic finance, there is undoubtedly
plenty of opportunity in Indian financial market. India can benefit by increased capital flow in
financial sector which is critical to maintain its current pace of growth, while banks can benefit by
diversifying their clientele and increasing their assets under management. By integrating Muslim
community into financial sphere and promoting ethical business activities, Islamic finance also have
potential to socially benefit the country.
However, there are certain roadblocks on the way. While profit margins on Shariah‐compliant
products are comparable with interest rates on non‐Islamic investments, they often cost more to set
up. Differences among Islamic scholars on key aspects of Shariah make it difficult to standardize
products, thereby affecting liquidity. Moreover, Islamic banking is not possible without drastic
change in legal framework and the same may not be easy to bring in secular and pluralistic society
like India. On the one hand, this has potential to spark religious conflict, and on the other hand, need
for Islamic banking for Indian Muslims may not be very strong. In‐fact, majority of proposed funds
are targetted towards investment from GCC countries and not towards Indian Muslims.
Indian Muslims are relatively less orthodox than Muslims in middle‐east and east‐Asia and suffer not
from non‐availability of Islamic financial products but from non‐inclusion in Indian banking sector. A
survey by the NSSO (2000) found that in rural areas, 51% of the Muslims had little or no ownership
of land versus 40% of Hindus, and in urban areas, 43% of Hindus have at least one family member
with a salaried job, compared to only 27% of Muslims11. The survey also found unemployment and
illiteracy to be higher among Muslims than among Hindus, both in rural and urban settings. Muslims
in India have only 10% of the total bank accounts, though they make up 13.4% of the population11.
Therefore, their access to banking is more desirable before access to Islamic banking in particular.
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Islamic Financial Products – Road Ahead in India
India’s Muslims, like India’s poor, face real problem in accessing organized financial services and
greater financial inclusion such as no‐frills banking and better outreach is more likely to fix the
problem than Islamic banking12. This is not to say that there should not be introduction of Shariah
finance in India, but it is important to keep in mind that Shariah‐compliance is sufficient but not
necessary condition for catering to Muslim needs. Muslim customers in India would readily use
conventional banking services, but if they are offered a Shariah‐compliant alternative, they would be
happier to switch to it.
Need for Development of New Regulatory Structure
Existing regulatory framework in India does not permit full‐fledged commercial bank on Islamic
guidelines as noted by RBI committee in 200513. Therefore, legal reforms and the development of a
new regulatory structure for interest‐free banks are pre‐requisite for development of Islamic finance
in India. Indian banks are regulated by Indian Banking Regulation Act (1949), The Reserve Bank of
India Act (1935), The Negotiable Instruments Act and the Cooperative Societies Act (1866), none of
which allow interest‐free banks11. The current legislation is required to be amended to make it
inapplicable to interest‐free banks. A new regulatory authority to designate a bank capable of
interest‐free operations, to assist it in establishing and enforcing auditing standards, to ensure
transparency in the dealings of such banks, and to ensure liquidity standards need to be put in place.
Current requirement that NBFCs need to invest at least 15% of their total investments in interest
based government securities11 will also have to be modified to permit Shariah‐compliance by them.
For example, these NBFCs can invest that amount in equity of some public sector enterprise.
Taxation policies will also be required to change – in particular the policy of heavy taxation of returns
on equity investments as opposed to the tax exemption of interest earnings. Islamic banks, which
will have most of their income from equity and not from interest, will definitely be at a disadvantage
with the current policy. To conclude, Islamic financial products can be introduced in India provided
the regulator and financial institutions demonstrate capability to protect investors’ interests and
hence overall health of the economy.
[Report: 1,865 words; 1,956 including endnotes]
1 http://en.wikipedia.org/wiki/Demographics_of_Islam
2 http://en.wikipedia.org/wiki/Muslim_population_growth
3 http://en.wikipedia.org/wiki/Demographics_of_India
4 http://www.khabrein.info/index.php?option=com_content&task=view&id=1370&Itemid=64
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5 http://arabnews.com/?page=6§ion=0&article=109795&d=12&m=5&y=2008
6 http://www.prlog.org/10017909-ernst-young-to-launch-the-islamic-funds-investments-report-2007.html
7 http://www.rediff.com/money/2007/aug/09islam.htm
8 http://sify.com/finance/mf/fullstory.php?id=14713388
9 http://economictimes.indiatimes.com/Personal_Finance/Mutual_Funds/Shariahcompliant_plans_are_flavour_of_the
season_for_MFs/articleshow/3054647.cms#
10 http://sify.com/finance/fixedincome/fullstory.php?id=13967395
11 Omar Khan, “A Proposed Introduction of Islamic Banks in India”, International Journal of Islamic Financial Services, Vol. 5
No.4
12 http://indianeconomy.org/2007/09/14/islamic-banking-and-banking-for-muslims-in-india/
13 http://www.newstrackindia.com/newsdetails/3283
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Exhibits
Exhibit A ‐ Growth of Shariah‐compliant funds in the world
(Source: http://www.eurekahedge.com/news/07_feb_EH_New_trends_in_Ifs.asp)
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Islamic Financial Products – Road Ahead in India
Exhibit B ‐ Number of Shariah‐compliant stocks in BSE Universe
Automobile
42
Others
217 Capital Goods
Shipping
198
4
Hotel
21
Media
9
Food & Beverage Consumer Durables &
29 Apparels
69
Chemicals
47
FMCG
Telecom
51
28
(Source: http://www.islamicequity.co.in/Stock.htm)
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