IBD
Circular No. 01 |
January 12, 2010 |
The
Presidents/Chief Executives of Islamic Banks and
Conventional Banks having Islamic Banking Branches
Dear
Sir/Madam,
Adoption
of Shariah Standards Issued by Accounting and Auditing Organization
for Islamic Financial Institutions (AAOIFI)
Please
refer to Para F ’Essentials of Islamic Modes of
Financing’, Annexure-I –Instructions for Shariah
Compliance, notified through IBD Circular No. 2 dated
March 25, 2008, wherein essentials prescribed for Islamic
modes of financing are given as ‘minimum requirements’
for Shariah compliance for Islamic Banking institutions
(IBIs). For the Islamic modes for which essentials have
not been prescribed, AAOIFI Shariah standards may be used
as guidelines by IBIs in consultation with their Shariah
Advisor (SA).
2. To harmonize and standardize the Shariah practices
and procedures of IBIs as per internationally recognized
standards, it has been decided that AAOIFI Shariah Standards
will be adopted in gradual manner, after a detailed review,
keeping in view the local environment and needs of Islamic
Banking Industry in Pakistan.
3. In the first phase, AAOIFI’s Shariah Standards
No.3 (Default in Payment by a Debtor), No.8 (Murabaha
to the Purchase Orderer), No.9 (Ijarah & Ijarah Muntahia
Bittamleek) and No.13 (Mudaraba) have been reviewed and
are hereby adopted for IBIs in Pakistan. The adoption
of these Standards shall, however, be subject to certain
clarifications and amendments as given in the attached
Appendix- A. IBIs are also advised to be prepared for
adoption of other AAOIFI’s Shariah Standards in
next phases.
4. It may be noted that adoption of the AAOIFI Shariah
Standards for IBIs is in addition to current Prudential
Regulations, guidelines and other circulars and directives
issued by different SBP departments from time to time
and are not replacing them by any means. Further, in case
of any conflict with the Shariah Standards adopted vide
this circular; Para F ‘Essentials of Islamic Modes
of Financing’, Annexure-I –Instructions for
Shariah Compliance of IBD Circular No. 2 dated March 25,
2008 shall prevail.
5. To provide ample time and a level of comfort to IBIs
for preparation, it has been decided that these standards
shall be implemented w.e.f July 01, 2010; however, failure
to comply with these instructions may invoke penal action
under the provisions of Banking Companies Ordinance, 1962.
Please acknowledge receipt.
Encl:
Appendix-A
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Yours faithfully,
Sd/-
(Zulfikar Khokhar)
Senior Joint Director
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