IslamicFinance.de

Many jurisdictions are interested in Islamic finance and have taken initiatives to develop the industry through reviewing their legal framework to facilitate the introduction of a range of Islamic financial products, including more recently France, Ireland, Australia, Jordan, Japan, Hong Kong, Korea and Lebanon.
One of the key determinants for the successful development of Islamic finance in any jurisdiction is the existence of a conducive legal framework that supports the operations and growth of the industry.

Until recently the issuance of Islamic bonds, or sukuk, was confined to the Muslim world. But now a number of international borrowers are tapping the markets, including Nomura Holdings in Japan and Europe's first corporate borrower, International Innovative Technologies.
The ratings agencies Moody’s and Standard & Poor’s say they expect to see a rise in the number of sukuk issues by new players over the next 12 months, including issues by borrowers in Singapore, Australia, Luxembourg, Thailand, Hong Kong, France and Russia.
While the Islamic Financial Service Board and the accounting and auditing organization have defined standards for sukuk, defaults over the past year have shown that new guidelines must be set as problems arise, particularly as sukuk start to generate global attention.

Elaf Bank, a closely held Islamic investment bank in Bahrain, has applied for a banking license in Malaysia.
The Southeast Asian nation plans to issue two more Islamic bank licenses, including one of a new lender that will be jointly established by institutions from Asia and the Middle East.
Bank Negara Malaysia already issued conventional licenses to five foreign banks in June, including National Bank of Abu Dhabi and Indonesia’s PT Bank Mandiri.
The bank would use Malaysia as regional hub, covering Singapore, Indonesia and Australia.
It would try to use this as an opportunity to converge differing interpretations of Islamic finance between Malaysia and the Middle East by getting Shariah boards to work closely.

Australia plans to change laws to ensure Islamic finance products are taxed fairly as the government seeks to attract investors from the Middle East and Asia, paving the way for sukuk sales.
The national taxation board will hold talks next month in Sydney, Canberra and Melbourne on how to best ensure that Islamic finance transactions are treated the same as equivalent non-Islamic deals. The board noted this month that mortgages that comply with religious principles may lead to stamp duty being paid twice, as the financier buys the property and then sells it to his client. Under a conventional mortgage there is only one sale that attracts the duty.
Australia is looking to join countries from Egypt to South Korea in seeking to ease barriers to Shariah- compliant products and tap the industry’s $1 trillion in assets, which the Kuala Lumpur-based Islamic Financial Services Board predicts will reach $1.6 trillion by 2012.

The Board of Taxation is calling for submissions to its discussion paper on the tax treatment of Islamic finance, banking and insurance products.
The Board undertook a review of Australia’s tax laws in April to ensure that the law does not inhibit the expansion of Islamic finance, banking and insurance products. This week the Board released a discussion paper considering Australian’s finance taxation framework, issues raised regarding Australia’s current approach to finance taxation and how the taxation of Islamic finance, banking and products was approached internationally.
The Board has welcomed submissions on issues raised in the discussion paper and the closing date is Friday, 17 December, 2010.

From Australia to Britain and even France, which recently banned the face-veil, Western economies are adjusting their laws to encourage growth in the Islamic finance sector they hope will attract wealthy Gulf investors.
Enthusiasm in the US has been tempered by politics, however, which could slow the growth of Islamic finance and push business from the oil exporting Gulf elsewhere. Islamic finance has faced scrutiny in the US, with critics suggesting the $1tn industry was a front to funnel funds to terrorists or a plot by Muslims to spread Shariah principles, which include a ban on interest.
The US Federal Reserve has launched an Islamic finance study group and is seeking consultants within the Islamic finance industry.
The US Treasury has launched the Islamic Finance 101 programme to teach government agencies about Shariah-compliant business.
The programme is run with Harvard’s Islamic Finance Project, which was created in 1995 to study Islamic finance from a legal perspective and foster collaboration among scholars inside and outside the Muslim world.
But these initiatives have also been politicised.

The Australian government has expressed an interest in creating a Islamic finance hub for the nearly one billion Muslims in Asia-Pacific region and expand the Islamic banking to help Australia become a dominant player in regional financing.

Australia's wealth of natural resources and financial landscape provide a natural platform for Islamic finance, with potential to attract a new type of global investors. Trailing Muslim neighbours such as Malaysia and Indonesia, Australia is looking at developing Islamic finance to attract wealth and create jobs.

The Australian and Malaysian governments held talks this week to cooperate in Islamic finance. The Australian government has expressed interest in Islamic finance but so far it is limited to small entities such as the Muslim Community Cooperative (Australia) Ltd and Iskan Finance which offer home loans. One of the biggest obstacles to the development of Australia's Islamic finance market is tax law.

The first onshore Shariah-compliant real estate fund in the Australian market, The LM Australian Alif Fund, was officially launched at end of May in Bahrain. The fund is managed by LM Investment Management Ltd., a specialist Australian income funds manager operating internationally and which is aimed at Islamic investors who are looking for opportunities in alternative investments and in new markets.

Mushtak Parker interviewed Ken Scott-Hamilton, general manager (Middle East), LM Investment Management Ltd., for Arab News about the rationale behind launching the fund and the opportunities and challenges for Islamic finance in Australia.

The Muslim Community Co-operative (Australia) (MCCA) has recently received an Australian financial services licence from the Australian Securities and Investments Commission (ASIC). It is necessary for the MCCA to set up its Managed Investment Scheme, the ‘MCCA Islamic Finance Investment Fund’, by which the MCCA plans to launch its Shari’ah-compliant home finance products.

The MCCA has until now been a mutually-owned co-operative. The plan for the next three years is to wind down the co-operative outfit and sell its assets to the new fund. And the intended launch date will either be 1st May or 1st July 2009.

Chaaban Omran is the managing director of the MCCA