Friday, April 20, 2012
Dogmatism of Islamic Finance: Middle-East standards vs Malaysian-standards
1. Standards
Rajhi uses BBA - ie Bank purchases car and sells to customer at upside with staggered financing payments. Pure sale-purchase agreement and opts out of the hire-purchase conditions. The SPA absorbs any of the conditions within the HP Act that does not contravene the Syariah to protect the bank.
Maybank uses the typical Malaysian standard that tacks on Syariah-compliant contracts to existing transaction.
This is where philosophies differ. Whilst Rajhi's standards are stricter and more compliant given the fundamental structure of the transaction, are we to say that the contracts entered with Malaysian islamic banks are not? If so, where? Is it in the intention of the banks as a hillah? If so, who decides on this? Is this allowed on the basis of daruriyyah, which incidentally is difficult to ascertain, just as it is difficult to ascertain hillah on the part of the bank.
I would suggest that the daruriyyah is in the form of having a stronger Islamic bank presence against the conventional bank presence, and to argue one is better than the other is futile and only encourages meaningless cannibalisation of the same niche customer market. In this situation, the preference is with the Middle East standards only if other criteria are evenly matched. To use an inappropriate word in this case, I would suggest that the customer is agnostic in terms of standards as long as there is Syariah compliant acknowledgment by an established and reputable Islamic finance regulator.
2. Customer orientation and protection
The BBA allows banks to set a security deposit if required. I'm not sure of the equivalent in the AITAB but I dont recall of any such conditions. The other departure will be the purchase price with the dealer, where the Bank will pay full amount regardless of booking fee, in which case customer will have to bear ther burden of recovering the booking fee from the dealer later. To note that even in the BBA, a JPJ K3 form allowing repossession is similarly required.
These departures need to be communicated to the customer as well as the dealer upfront, as in this case, I'd need to bear the risk of non-retrieval of the booking fee, especially so when there are certain conditions that I have agreed with Jack how the final product will look like, ie pro-bono accessories of LCD, colour change, and what have yous have been agreed beforehand.
At the same time the rates are 2.48% pa, much higher than what I had asked for at 2.45%. And without ascertaining with me, the loan tenure was set at 9 years when I was actually considering 6 years. Maybank didnt flinch when I asked 2.40% and eventually agreed on 2.42%.
3. Services
This is the weakest area of the lot. After 2 weeks of haggling, I've yet to cross the finish line. With clearer expectations, I would be able to understand these changes but perhaps not at this stage. With 4 people running around and motivation flagging when Saudi dignitaries are expected to visit and all, I need to pull the trigger.
My promise though was this - I'll be back to consider them when the time comes later.
Tuesday, May 4, 2010
Tolled Roads and National Embarassments!
Tuesday, April 20, 2010
People and their set ways - resetting is not easy
Friday, November 6, 2009
Global financial system reform
Thursday, July 2, 2009
Residuals - Ekuinas
Ekuinas - Funny name as it reminds me of horse-racing. Perhaps in the spirit of MIHAS’s halal beer, we can also have halal gambling? But I digress.
Not too sure what the proposition is to create another PE funding scheme in tourism, education and O&G, but it does look like a brilliant opportunity to tap into innovations and quality management products within the larger GLCs. We could possibly deploy the funds into “real” fundamental changes rather than “financial” funded opportunities, which after the hype, slowly descends into a tormenting, lingering death when unable to find the appropriate management directions to create lasting change. Food for thought?
Friday, December 26, 2008
Madoff, Jews, Judaism and Money
An interesting article relating the close proximity between Jews and money, and in Madoff’s case, the deception and betrayal of a Jew to his co-religionists.
For a muslim, Jews and Christians are taught as People of the Book, given enlightenment by God before they chose a path for their religion for themselves. In Islam, whilst the teachings are preserved through the pristine Quran and Sunnah, the transmission of teachings of which are historically and academically proven, and the choices of muslims is now down to their own control of their personal will and desires. But I digress.
In the Seerah, we find how the Prophet treated the Jews of Bany Qurayzah (tbc) with kindness, before the ultimate act of betrayal of abrogating a peace treaty at the darkest hour of a potential siege on the muslims in Madinah during the height of the Battle of the Ditch forced the Prophet’s hand to show how to deal firmly when an act of trust is betrayed. And being the confused being that I am, though I think the Jewish double-standard and hyprocritical business dealings being justified through their Rabbis is proof of the fact that they have strayed from the right path, I absolutely admire their ability to have a stranglehold on business and finances in any society since time immemorial.
There was a though a pretty senseless comment made at this site which reads as below,
I’m surprised that this article has not triggered the standard Jew-bashing vitriol yet. Come on, let’s hear it from the marauding masses!
Which seems to suggest that the commentator has been taken in by
Although I suppose my comments here is proof that I am anti-semitic and vitriol?
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http://www.themalaysianinsider.com/index.php/world/14739-in-madoff-scandal-jews-feel-an-acute-betrayal
In Madoff scandal, Jews feel an acute betrayal
But it is the Ten Commandments that have weighed most heavily on the mind of Rabbi David Wolpe of
”You shouldn’t steal,” Rabbi Wolpe said. “And this is theft on a global scale.”
The full scope of the misdeeds to which Madoff has confessed in swindling individuals and charitable groups has yet to be calculated, and he is far from being convicted.
But Jews all over the country are already sending up something of a communal cry over a cost they say goes beyond the financial to the theological and the personal.
Here is a Jew accused of cheating Jewish organizations trying to help other Jews, they say, and of betraying the trust of Jews and violating the basic tenets of Jewish law. A Jew, they say, who seemed to exemplify the worst anti-Semitic stereotypes of the thieving Jewish banker.
So in synagogues and community centres, on blogs and in countless conversations, many Jews are beating their chests — not out of contrition, as they do on Yom Kippur, the Day of Atonement, but because they say Mr Madoff has brought shame on their people in addition to financial ruin and shaken the bonds of trust that bind Jewish communities.
“Jews have these familial ties,” Rabbi Wolpe said. “It’s not solely a shared belief; it’s a sense of close communal bonds, and in the same way that your family can embarrass you as no one else can, when a Jew does this, Jews feel ashamed by proxy. I’d like to believe someone raised in our community, imbued with Jewish values, would be better than this.”
Among the apparent victims of Madoff were many Jewish educational institutions and charitable causes that lost fortunes in his investments; they include Yeshiva University, Hadassah, the Jewish Community Centers Association of North America and the Elie Wiesel Foundation for Humanity.
The Chais Family Foundation, which worked on educational projects in
“The Jewish world is not going to be the same for a while," said Rabbi Jeremy Kalmanofsky of Congregation Ansche Chesed in
Jews are also grappling with the implications of Madoff's deeds for their public image, what one rabbi referred to as the “shanda factor,” using the Yiddish term for an embarrassing shame or disgrace. As Bradley Burston, a columnist for haaretz.com, the English-language website of the Israeli newspaper Haaretz, wrote on Dec 17: “The anti-Semite’s new Santa is Bernard Madoff. The answer to every Jew-hater’s wish list. The Aryan Nation at its most delusional couldn't have come up with anything to rival this.”
The Anti-Defamation League said in a statement that Madoff’s arrest had prompted an outpouring of anti-Semitic comments on websites around the world, most repeating familiar tropes about Jews and money.
Abraham H. Foxman, the group’s national director, said that canard went back hundreds of years, but he noted that anti-Semites did not need facts to be anti-Semitic.
“We’re not immune from having thieves and people who engage in fraud,” Foxman said in an interview, disputing any notion that Mr Madoff should be seen as emblematic. “Why, because he happens to be Jewish, he should have a conscience?”
He added that Madoff’s victims extended well beyond the Jewish community.
In addition to theft, the Torah discusses another kind of stealing, geneivat da'at, the Hebrew term for deception or stealing someone’s mind.
“In the rabbinic mind-set, he’s guilty of two sins: one is theft, and the other is deception,” said Burton L. Visotzky, a professor at the Jewish Theological Seminary.
“The fact that he stole from Jewish charities puts him in a special circle of hell,” Rabbi Visotzky added. “He really undermined the fabric of the Jewish community, because it’s built on trust. There is a wonderful rabbinic saying — often misapplied — that all Jews are sureties for one another, which means, for instance, that if a Jew takes a loan out, in
some ways the whole Jewish community guarantees it.”
Several rabbis said they were reminded of Esau, a figure of mistrust in the Bible. According to a rabbinic interpretation, Esau, upon embracing his brother Jacob after 20 years apart, was actually frisking him to see what he could steal. “The saying goes that, when Esau kisses you,” Rabbi Visotzky said, “check to make sure your teeth are still there.”
Rabbi Kalmanofsky said he was struck by reports that Madoff had tried to give bonus payments to his employees just before he was arrested, that he was moved to do something right even as he was about to be charged with doing so much wrong.
“The small-scale thought for people who work for him amidst this large-scale fraud — what is the dissonance between that sense of responsibility and the gross sense of irresponsibility? he said.
In a recent sermon, Rabbi Kalmanofsky described Madoff as the antithesis of true piety.
“I said, what it means to be a religious person is to be terrified of the possibility that you're going to harm someone else,” he said.
Rabbi Kalmanofsky said Judaism had highly developed mechanisms for not letting people control money without ample checks and balances. When tzedakah, or charity, is collected, it must be done so in pairs.
“These things are supposed to be done in the public eye,” Rabbi Kalmanofsky said, “so there is a high degree of confidence that people are behaving in honourable ways.”
While the Madoff affair has resonated powerfully among Jews, some say it actually stands for a broader dysfunction in the business world.
“The Bernie Madoff story has become a Jewish story,” said Rabbi Jennifer Krause, the author of “The Answer: Making Sense of Life, One Question at a Time,” “but I do see it in the much greater context of a human drama that is playing out in sensationally terrible ways in America right now.”
“The Talmud teaches that a person who only looks out for himself and his own interests will eventually be brought to poverty,” Rabbi Krause added.
“Unfortunately, this is the metadrama of what’s happening in our country right now. When you have too many people who are only looking out for themselves and they forget the other piece, which is to look out for others, we’re brought to poverty.”
According to Jewish tradition, the last question people are asked when they meet God after dying is, “Did you hope for redemption?”
Rabbi Wolpe said he did not believe Madoff could ever make amends.
“It is not possible for him to atone for all the damage he did,” the rabbi said, “and I don’t even think that there is a punishment that is commensurate with the crime, for the wreckage of lives that he’s left behind. The only thing he could do, for the rest of his life, is work for redemption that he would never achieve.” — NYT
Wednesday, October 22, 2008
turmoil, tsunami and armageddon? - causes
For a start, this is a brilliant encapsulation of the effects of greed, not a technical description of the mechanics of the failure, that I presume will be well covered in other areas - but also fittingly describes the failure of ribaa'...
http://timesbusiness.typepad.com/money_weblog/2008/10/10-people-who-p.html#more
Minsky:Dr. Michael Hudson - global research dot ca wrote:"A generation ago, for instance, Hyman Minsky gained a following by describing what he aptly called the Ponzi stage of the business cycle. It was the phase in which debtors no longer were able to pay off their loans out of current income (as in Stage #1, where they earned enough to cover their interest and amortization charges), and indeed did not even earn enough to pay the interest charges (as in Stage #2), but had to borrow the money to pay the interest owed to their bankers and other creditors. In this Stage #3 the interest was simply added onto the debt, growing at a compound rate. It ends in a crash.This was the flip side of the magic of compound interest – the belief that people can get rich by "putting money to work." Money doesn’t really work, of course. When lent out, it extracts interest from the "real" production and consumption economy, that is, from the labor and industry that actually do the work. It is much like a tax, a monopoly rent levied by the financial sector. Yet this quasi-tax, this extractive financial rent (as Alfred Marshall explained over a century ago) is the dynamic that is supposed to enable corporate, state and local pension funds to pay for retirement simply out of stock market gains and bond investments – purely financially and hence at the expense of the economy at large whose employees are supposed to be gainers. This is the essence of "pension-fund capitalism," a Ponzi-scheme variant of finance capitalism. Unfortunately, it is grounded in purely mathematical relationships that have little grounding in the "real" economy in which families and companies produce and consume.Mr. Paulson’s bailout plan reflects a state of denial with regard to this dynamic. The debt overhead is self-aggravating, becoming less and less "solvable" and hence more of a quandary, that is, a problem with no visible solution. At least, no solution acceptable to Wall Street, and hence to Mr. Paulson and the Democratic and Republican congressional leaders. The banks and large swaths of the financial sector are broke from having made bad gambles in the belief that money could be made to "work" under conditions that shrink the underlying industrial economy and stifle wage gains, eroding the market for consumer goods. Debt deflation reduces sales and business activity in general, and hence corporate earnings. This depresses stock market and real estate prices, and hence the value of collateral pledged to back the economy’s debt overhead. Negative equity leads to bankruptcy and foreclosures."He also states:The main impact will be to reinforce the concentration of wealth in the hands of creditors (the wealthiest 10 percent of the population) rather than wiping out financial assets (and debts) through the bankruptcies that were occurring as a result of "market forces". Is it too much to say that we are seeing the end of economic democracy and the emergence of a financial oligarchy a self-serving class whose actions threaten to polarize society and, in the process, stifle economic growth and lead to the very bankruptcy that the bailout was supposed to prevent?Everything that I have read in economic history leads me to believe that we are entering a nightmare transition era. The business cycle is essentially a financial cycle. Upswings tend to become economy-wide Ponzi schemes as banks and other creditors, savers and investors receive interest and plow it back into new loans, accruing yet more interest as debt levels rise. This is the "magic of compound interest" in a nutshell. No "real" economy in history has grown at a rate able to keep up with this financial dynamic. Indeed, payment of this interest by households and businesses leaves less to spend on goods and services, causing markets to shrink and investment and employment to be cut back."
We all should be organizing to take our democracies back.