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ENSURING FINANCIAL STABILITY IN COUNTRIES WITH ISLAMIC BANKING

January 5, 2017

Executive summary

Islamic banking (IB) continues to grow rapidly, in size and complexity, posing a challenge to supervisory authorities and central banks. While accounting for a small share of global financial assets, IB has established a presence in more than 60 countries and has become systemically important in 14 jurisdictions. Islamic Finance (IF) principles underpin IB and involve operations, balance sheet structures, and risks that differ from their conventional banking counterparts. The current framework governing IB contains many gaps that need to be closed through the development of a more comprehensive enabling environment that ensures IB financial stability and sound development.

The legal environment within which Islamic banks (IBs) operate can be complex and challenging and may have implications for financial stability. IBs operate in diverse legal environments, some of which are more evolved than others in providing strong legal underpinnings for IB. Legal clarity and certainty for IB are important to promote confidence in the industry, as well as to mitigate the potential risk of regulatory arbitrage and strengthen supervision.

International governance standards apply to IB but need to be customized to take into account IBs’ distinct governance features. These relate to decision-making structures, Shari’ah compliance, and the rights of investment account holders (IAH).

Significant progress has been achieved in developing prudential standards for IB, although broader implementation and more consistent application are needed. Prudential standards for conventional banks generally apply to IB but gaps exist reflecting the specific features of IB and their associated risks. Prudential standards for IB have been developed to complement international standards, including, inter alia, on capital adequacy, “Core Principles of Islamic Finance Regulation for Banking,” and the supervisory process. The adoption of these standards has progressed albeit at different speeds across jurisdictions.

International guidance is needed to address the limited progress that has been achieved in developing resolution and financial safety net frameworks for IB. The international principles for deposit insurance, lender-of-last-resort (LOLR), and effective bank resolution regimes, are broadly relevant for IB but require modification to address IB-specific issues. Country practices in this regard, have diverged on several important fronts, including, the insurability of investment accounts, the priority of claims, the role of deposit insurance in resolution, and the adequacy of IB instruments and collateral.

Progress has been slow in developing IB’s liquidity management and money markets. A dearth of high quality liquid assets (HQLA), including, most importantly, government Sukuk, have undermined IBs’ capacity to manage liquidity, interact with central banks, and develop money markets. This situation has given rise to IB practices that may achieve some liquidity management objectives but are inefficient and present risks. The lack of progress in this area has also impeded efforts to strengthen financial safety nets specific to IBs. International guidance and the active participation by relevant authorities, particularly, in countries where IB is systemically important, are needed to accelerate the issuance of Sukuk and other liquid instruments.

In recent years, hybrid financial products in IB have emerged that replicate aspects of conventional finance in an IB context, raising financial stability concerns. This trend is spurred by opportunities for profit in a rapidly growing IB sector, coupled with slow progress in developing adequate infrastructure for traditional IB. However, the growth of hybrid products raises a number of concerns, including the emergence of new complex risks, the applicability of existing prudential regimes, governance and consumer protection issues, and reputational risk.

The Fund has played an important role in promoting financial stability in IB jurisdictions, working closely with IB standard setters, and international organization to shape IB standards and promote best practices. Fund staff are increasingly encountering IB related issues in surveillance, program, and technical assistance (TA) work. A more comprehensive Fund policy framework will help to support the Fund’s work in this area going forward.

Approved By

Aditya Narain, (MCM), Ross B. Leckow(LEG), and Aasim M. Husain (MCD)

Prepared by a staff team led by Ghiath Shabsigh and comprising Abdullah Haron, Mohamed Afzal Norat, In Won Song, Mariam El Hamiani Khatat, Diarmuid Murphy, Atilla Arda, Rachid Awad (all MCM), Elsie Priscilla Addo Awadzi, Chady Adel El Khoury, Arz El Murr (all LEG), Inutu Lukonga MCD), and Agus Firmansyah and Artak Harutyunyan (both STA).

Contents

  • Glossary

  • INTRODUCTION

  • KEY FEATURES OF ISLAMIC BANKING MODEL AND RISK IMPLICATIONS

  • A. Islamic Finance Principles and Risk Implications

  • B. Islamic Banking Industry Practices

  • C. Performance and Soundness of the Islamic Banking Industry

  • LEGAL AND GOVERNANCE FRAMEWORKS

  • A. The Legal Landscape

  • B. Governance

  • REGULATION, SUPERVISION, AND AML/CFT

  • A. Regulatory Framework

  • B. Selected Regulatory Issues

  • C. Supervisory Process

  • D. Anti-Money Laundering and Countering the Financing of Terrorism

  • RESOLUTION AND FINANCIAL SAFETY NET

  • A. Resolution

  • B. Deposit Insurance

  • C. Liquidity Management and Lender-of-Last-Resort

  • CONCLUSIONS AND ISSUES FOR BOARD CONSIDERATION

  • BOXES

  • 1. Islamic Finance—Key Guiding Principles and Implications for Islamic Banking

  • 2. Risk-sharing and Risk Transfer

  • 3. Commodity Murabahah

  • 4. Treatment of Islamic Financial Instruments in Macroeconomic Statistics

  • 5. Legal Environment Complexities for Islamic Banking

  • 6. Islamic Window Vs. Fully-fledged Islamic Bank

  • 7. Shari’ah Supervisory Boards for Islamic Banks

  • 8. Modifications to Licensing Requirements

  • 9. Islamic Financial Services Board Capital Ratio Calculation for Islamic Banks

  • 10. Key Resolution Issues for Islamic Banking

  • 11. Islamic Deposit Insurance—Challenges

  • 12. Key Liquidity Management Instruments

  • FIGURES

  • 1. Balance Sheet Structure of Islamic Banks

  • 2. Performance of Islamic Banks in Selected Countries

  • APPENDICES

  • I. Islamic Banking: Financing and Mobilizing Funds

  • II. Key Unique Risks Exposed to Islamic Banks

  • III. International Monetary Fund’s Involvement in Islamic Banking and Finance

  • IV. World Bank Group Involvement in Islamic Banking and Finance

Glossary

AAOIFI

Accounting and Auditing Organization for Islamic Financial Institutions

AML/CFT

Anti-Money Laundering and Combating the Financing of Terrorism

BCBS

Basel Committee on Banking Supervision

CAMELS

Capital Adequacy, Asset Quality, Management Quality, Earnings Efficiency, Liquidity, and Sensitivity

CAR

Capital Adequacy Ratio

CPIFR

Core Principles for Islamic Finance Regulation for Banking

DCR

Displaced Commercial Risk

DGS

Deposit Guaranteed Scheme

DIS

Deposit Insurance Scheme

D-SIBs

Domestically Systemically Important Banks

FATF

Financial Action Task Force

FSAP

Financial Sector Assessment Program

FSI

Financial Soundness Indicators

FTE

Full Time Equivalent

GFC

Global Financial Crisis

HQLA

High Quality Liquid Assets

IA

Investment Account

IADI

International Association of Deposit Insurers

IAH

Investment Account Holders

IB

Islamic Banking

IBs

Islamic Banks

ICAAP

Internal Capital Adequacy Assessment Process

IDIS

Islamic Deposit Insurance Scheme

IDWGIF

Interdepartmental Working Group for Islamic Finance

IF

Islamic Finance

IFC

International Finance Corporation of the World Bank

IFIs

Islamic Financial Institutions

IFRS

International Financial Reporting Standards

IFSB

Islamic Financial Services Board

IILM

International Islamic Liquidity Management Corporation

IOSCO

Securities Commissions and the International Association of Insurance Supervisors

IMF

International Monetary Fund

IRR

Investment Risk Reserve

IsDB

Islamic Development Bank

LCR

Liquidity Coverage Ratio

LOLR

Lender-of-Last-Resort

ML/FT

Money Laundering and Financing of Terrorism

NPL

Nonperforming Loans

OIC

Organization of Islamic Cooperation

P&A

Purchase and Assumption

PER

Profit Equalization Reserve

PLS

Profit-and-loss Sharing

PSIA

Profit-sharing Investment Account

RIA

Restricted Investment Account

RWA

Risk-weighted Assets

SDN

Staff Discussion Note of the IMF

SSB

Shari’ah Supervisory Board

TA

Technical Assistance

U.A.E.

United Arab Emirates

UFR

Use of Fund Resources

URIA

Unrestricted Investment Account

U.K.

United Kingdom

US$

United States Dollar

WB

World Bank

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Ensuring Financial Stability in Countries with Islamic Banking
Author:
International Monetary Fund