Following the issuance of the Interest Free Banking Directives (SBB/51/2011) by the National Bank of Ethiopia, the Commercial Banks in Ethiopia were conceived of the potential of this market, and thus interested in launching interest-free banking window service that operates in line with the National Bank of Ethiopia Directives. Today most of Ethiopia’s big commercial banks offer a narrow range of Islamic financial products, but to few customers. Islamic finance in Ethiopia was stillborn. The narrow range of Islamic financial products currently available in major commercial banks of Ethiopia are presented as follows
I) Saving and Current Account Deposits/ Interest Free Deposit Account Services
Generally, the services under this category can be summarized as follows.
1.1. Saving Al Wadiah /Wadiah Amanah (saving with guarantee)
This
type of account is opened for unspecified length of time by customers
who own the funds in the Bank for safekeeping. Depositors give their
consent to the Bank to deal with the whole or any part of their monies
in the manner that it deems fit, so long as it is not against sharia.
The Bank will guarantee repayment of the whole sum or any outstanding
part in the depositor account without any interest when demanded.
1.2. Current Al Wadiah /Amanah (current account)/ Wadiah special Accounts
This
is interest-free current account opened for unspecified length of time
and managed through checks until the depositor demands payment and is
paid promptly/right away. It is an account which is regarded as trusts
or safekeeping and offers the depositors’ safety of their money against
the bank’s guarantee to return their funds on demand and is a
non-interest bearing account.
1.3. Mudharabah (profit sharing saving account)/ Mudharabah Unrestricted Investment Account
This
is a type of investment partnership where a customer deposits money for
unspecified length of time and the Bank shares both the profit and loss
with her/him. The customer may withdraw his/her deposit at any time,
but the Bank may impose some restrictions on the amount to be taken out
as this arrangement is both profit and loss sharing partnership. It is a
fund that will be placed in the Bank general pool of Shariah compliant
banking activities. In return, the account holder will be entitled to an
agreed percentage share of investment income or proportionally bears
the loss of capital.
1.4. Mudharabah (fixed-time deposit)
Mudharabah
is a profit sharing fixed time deposit. To benefit from this service
the depositor (customer) should not withdraw the deposited amount before
the agreed date in the contract. If the customer, however, demands the
money deposited before the stated date, the Bank may not share the
profit.
1.5. Mudharabah Restricted Investment Account
is
a fund that will be specifically utilized to a particular project of
the account holder choice. In return, the account holder will be
entitled to an agreed percentage share of the investments income or
proportionally bears the loss of capital.
1.6. Labbaik Saving Account
is
a safekeeping account to be deposited regularly for Hajj and Umrah. The
purpose of traveling to Meca Medina, the deposited amount to be
available on demand.
II) Financing
2.1. Murabah
This
service involves a request from a customer to the Bank or by the
initiative of the Bank to purchase and then on sell to the customer
certain goods and/or assets not banned by sharia. The sale by the Bank
to the customer is at cost plus on an agreed margin. Payment by the
customer is in one or more predetermined installments at agreed points
in time. Ownership of the goods passes to the customer upon delivery by
the Bank. Such a sale contract is valid on condition that the price,
other cost and the profit margins of the seller are stated at the time
of the agreement of sale. The asset/good remains as a mortgage with the
Bank until the default is settled. The Bank may ask for collateral, if
necessary, for this financial service. Among the services included in
Murabaha are the following:
- Murabaha fixed-time financing ---- For production inputs, purchase of machinery or short-term project;
- Murabaha revolving financing --- For purchase of production inputs;
- Murabaha LC financing --- For purchase of production inputs from abroad or for buying machinery;
- Murabaha pre-shipment and Murabaha post-shipment financing for purchase of goods to be exported.
- A contract of promise to sell and to buy commodity, machinery, vehicle etc on agreed profit added to the cost (mark-up).
2.2 Salam
This
is a financing service that would be made available in cash for
operating costs to customers engaged in agriculture as per the agreement
to be reached between the Bank and the customer. It is an arrangement
whereby the customer delivers the type of product s/he produces in
accordance with the type, quality, quantity, price and time agreed upon
with the Bank or to the agent/body the Bank has entered salam finance
agreement. The Bank may ask for collateral, if necessary. It is a sale
whereby the seller undertakes to supply some specific goods to the buyer
at a future date in exchange of an advanced price fully paid at spot.
Salam is used to finance agricultural like goods.
2.3 Istisna
Istisna
is a contract of sales and purchase of assets by specification or order
where the price is paid in advance but the assets are manufactured or
produced and delivered at a later date. In line with this, the Bank will
deliver industrially produced goods or assembled and constructed items
as per the orders/specifications of the customers when they are
finalized by the producers. Sales transaction concluded before the
commodity came into existence. the bank shall act as a manufacturer or
constructor to undertake house construction, plant, power station, roads
projects etc as per specification.
2.4
The Bank, based on the job order/specifications of the customer and
making a separate agreement with the builders/producers, may make
payments to the institutions at once or in installments by assessing the
progress of the work. The Bank may ask for guarantee from the customer
and producer/builder.
2.5 Ijara
This
is a leasing agreement where the Bank buys agricultural vehicles or
industrial machinery for lease/rent in its own initiative or by the
order of a customer/client and then leases it back over to him/her/it
for a fixed period. Depending on the promise given earlier, the Bank can
sell the asset or transfer it freely to the lessee customer on or
before the last day of the lease agreement. The Bank may ask guarantee
to provide this service. It is a form of financing applicable to
financing and operating leases of properties. By making use of these a
customer can obtain money for:
- Running costs;
- Purchase of goods/assets;
- Export and import trade;
- Project finance;
- Lease; and
- Operating cost for agricultural works/activities.
2.6 Mudarabah,
Mudarabah
is a contractual relationship executed between two parties, one
supplying the capital (rabbulmal) and the other supplying the labor and
skill as agent or manager (mudarib), for investing in a pre-determined
activity, which grants each party a share of the earnings as determined
at the time of the investment. This practice existed in the pre-Islamic
period and Muslim jurists of all the major legal schools are agreed on
the legitimacy of Mudarabah transactions. Mudarabah business can be of
two types: restricted, if the capital-provider specifies any particular
business in which the capital is to be invested, and un-restricted if
the capital-provider authorizes the mudarib to invest the funds in any
business he deems fit.
2.7 Musharakah
Musharakah
is a joint enterprise or partnership structure in Islamic finance in
which partners share in the profits and losses of an enterprise. Since
Islamic law (or Sharia) does not permit the concept of interest in
lending, musharakah allows for the financier of a project or company to
achieve a return in the form of a portion of the actual profits earned
according to a predetermined ratio. However, unlike a traditional
creditor, the financier will also share in any losses should they occur,
also on a pro rata basis. Musharakah is a type of Shirkah al-Amwal (or
partnership), which in Arabic means "sharing."
2.8 Free - Cost Loans/ Qard Al - Hasan
Therefore,
al-qard al-hasan is a gratuitous loan extended to needy people for a
specified period of time. At the end of that period, the face value of
the loan (asl al-qard) is to be paid off. In other words, shari’a
prohibits the stipulation of an excess for the lender, as it amounts to
riba, whether the excess is expressed in terms of quality or quantity,
or whether it is a tangible item or a benefit. However, it is permitted
that the repayment of qardh (loan extinguishing) is made with an excess
(tangible item, benefit, service, etc), provided that such an excess is
neither expressly stipulated nor implicitly pre-arranged (through
collusion or tawatu’) in the contract of loan. Islamic shari’a doesn’t
recognize any types of loan other than al-qard al-hasan.
III) International Trade Support Financing/Import and Export
The
service is provided for customers engaged in export and import trade,
and it is an arrangement where customers delegate the Bank or
collaborate with it. This service is similar to the international trade
support service given regularly interest free. These include:
3.1 Wakalah Letter of Credit
Written
undertaking by a bank given to the seller at a request and/ or the
instructions of the buyer under wakala contract, to make payment or to
accept and pay bills of exchange (Draft) drawn by the seller up to a
stated sum of money within a prescribed time limit and against
stipulated documents provided that the terms and conditions of the
credit are complied with.
3.2 Murabaha Import Letter of Credit
Is
a contract whereby the bank buys goods for the customer (applicant) and
the customer agrees to later buy the goods from the the bank through a
resale at a mark-up price.
3.3 Musharaka Letter of Credit
Is
a contract whereby the value of the letter of credit issued by the bank
and the profits of the partnership transaction are shared between the
bank and the customer based on an agreed ratio.
3.4 Wakala Export Letter of Credit
Is a condition where the exporter appoints the bank as his/her agent to collect receivables on his/her behalf.
3.4 Wakala Documentary Collection (Wakala Cash Against Document - CAD)
It
is type of transaction by which importer and exporter conclude a
contract, accordingly the exporter deliver documents to the importer
through his/her bank to buyer bank through which, the title for
purchased goods is released to the buyer after the total sale price is
collected in full.
3.5 Wakala Advance Payment
A
transaction in which an importer makes payment for items to be imported
prior to the shipment of goods. The importer must trust that the
supplier will ship the product on time and that the goods will be as
their agreement because it creates a lot of risk factors for the
importers.
3.6 Wakala Consignment Basis Payment (for Export)
It
is a transaction method in which the local exporter (a consignor)
exports the goods to the foreign importer (a trustee) who pays (remit)
the exporter only as and when the goods are sold.
IV) Letter of Guarantee Facility/ Kafala
The
Bank makes available guarantees such as advance payment guarantee, bid
bond and performance bond; and it may request collateral for the
services. A written promises by the bank as compensation to the
beneficiary in the event that the obligatory fails to honor his/her/its
obligations, in accordance with the terms and conditions of the
guarantee/agreement/contract. Types of Letters of Guarantee rendered by
major commercial banks in the country include:
4.1 Kafala
Is
a written promise by the bank to compensate (pay sum of money) to the
beneficiary (local or foreign) in the event that the obligor fails to
honour his/her/its obligations in accordance with the terms and
conditions of the guarantee/agreement/contract. Types of Kafala/Letters
of Guarantee offered by most of the commercial banks include:
- Bid Bond
- Performance Bond
- Advance Payment Guarantee
- Retention Payment Guarantee
- Letters of Indemnity for Missing Documents
- Customs Duty Guarantee
V) Investment
5.1 Mudharaba Investment
A
partnership between the bank and eligible customer (entrepreneur),
profit and loss shared as per the agreed profit sharing ratio.
5.2 Musharaka Investment
It
is a joint ownership of property or equipment or commercial enterprise.
Partner shall share profit as per the agreed ratio while losses are
shared in proportion to capital contribution of partner.
5.3 Diminishing Musharakah
Is
a form of co-ownership in which two or more persons (i.e., the bank and
the client) share the ownership of a tangible asset in an agreed
proportion and one of the co-owners/client undertakes to buy in periodic
installments the proportionate share of the other co-owner/bank until
the title to such tangible asset is completely transferred to the
purchasing co-owner/client.
VI) Others
Foreign Exchange Service.
6.1 Hawallah
Local
beneficiaries of hawallah can collect money sent to them through
branches of the Bank from any part of the country from the closest
branch that has interest free banking window and could similarly send
money using this service. Besides, customers can similarly utilize the
service to receive money sent to them from any corner of the world.
6.2 Foreign Exchange
Customers of international trade support service can trade/exchange foreign currencies according to the spot rate of the day.
List of references
Interest Free Banking products and services 2018, accessed 7 March 2018, < www.combanketh.et>.
Interest Free Banking Services 2018, accessed 7 March 2018, < www.orointbank.com
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