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Islamic Fund Management

6

1.

INTRODUCTION

The capital markets, both Islamic and conventional, represent an important component of the

overall financial system. Similar to conventional finance, the ICMs play a crucial intermediary

role between the supply and demand of funds, by meeting the requisite investment and

financing needs. ICMs must conform to certain rules and principles, as set out in the Shariah

(Islamic law), such as the prohibition of interest (

riba

), uncertainty (

gharar

), gambling and

speculation (

maysir

), investment in prohibited elements such as alcohol, pork, tobacco,

pornography, illegal drugs and other non-permissible activities. An ICM thus provides a

platform for the issuance of Shariah-compliant securities such as shares and sukuk (Islamic

investment certificates, also known as Islamic bonds) in the primary market, thereby enabling

the public and private sectors to raise funds to be channelled into productive investment areas.

Market participants such as governments, Islamic banks, Islamic insurance (

takaful

) operators,

AMCs and other institutions as well as households invest their excess liquidity in these

Shariah-compliant securities―to earn capital gains, dividends and profits. Concurrently, an

ICM enables the establishment of a well-functioning secondary market where market players

can trade these securities, initially issued in the primary market, to manage their liquidity. By

making available various financial services and fulfilling the needs of investors and fund

seekers, ICMs contribute significantly to the overall development and growth of economies.

The ICM was initially developed in the 1990s through the equity market, with the Islamic

screening of shares and the launch of Shariah-compliant funds. At the same time, the Islamic

debt market had started evolving through the issuance of sukuk. Over the years, the equity

market has expanded to include various types of funds such as Islamic unit trusts, Islamic

exchange-traded funds (ETFs), commodity funds, Islamic real estate investment trusts (REITs),

Islamic private equity (PE) and venture capital (VC) funds, money market funds, other

structured funds and various types of Islamic indices and index products. The development of

sukuk as an alternative to conventional debt securities has been an important step towards

accelerating the development of ICMs. So far, sukuk has been the backbone of ICM

development in many jurisdictions. It is expected to continue playing a major role in further

expanding the frontiers of the ICM beyond Muslim countries.

For an efficient, well-functioning and well-regulated ICM, the key requisites include a

facilitative legal and regulatory framework, a robust Shariah governance framework, attractive

taxation policies, proper accounting and audit mechanisms, adequate risk-management

strategies, product innovation, standardisation and documentation, as well as a diversified

pool of investors and market players. In particular, the Shariah governance function requires

important organisational measures to be in place to ensure the independent oversight of

Shariah compliance over all processes in the industry, from product structuring and

implementation to issuance and further development.

1.1

Aim, Objectives and Scope of the Study

The focus of this study is on the Islamic fund management industry, which represents a key

segment of the overall Islamic finance industry, and the ICM in particular. The aim is to

examine the working mechanisms, development, challenges and prospects of the Islamic fund

management globally as well as in country-specific case studies. The key objectives are as

follows: