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Diversification of Islamic Financial Insturments

41

3.1.2 INTRODUCTION

The Islamic finance sector, which comprises of Islamic Banks,

Takaful

institutions and Islamic

capital markets is relatively new in Nigeria when compared to the conventional finance sector.

Habib Bank was the first conventional bank in Nigeria to be granted license to operate an

Islamic Banking Window in 1992 following the amendment of Banks and Other Financial

Institutions Act (BOFIA) in 1991 to recognize profit and loss sharing banking model. The

Window commenced operations in 1999; however, it did not survive as Habib Bank, which

metamorphosed into Bank PHB after merger with Platinum Bank in 2005, was liquidated in

2011.

Islamic finance was again boosted in 2011 when the Central Bank of Nigeria (CBN) released

the guidelines for the regulations and supervision of institutions offering non-interest financial

services in Nigeria. Following the release of the guidelines, a full-fledge Islamic Bank (Jaiz

Bank), Stanbic IBTC and Sterling bank Islamic Banking Windows as well as Tijara microfinance

Islamic bank were licensed and commenced operations between 2011 and 2014. A new

Microfinance Islamic Bank, I-Care Microfinance was recently licensed (in the last quarter of

2016) and commenced operations in April 2017. These five (5) institutions constitute the

Islamic banking sub-sector.

A significant milestone in

Takaful

was also recorded in 2013 when the National Insurance

Commission (NAICOM) issued the Guidelines for

Takaful

-Insurance. Following the release of

the guidelines, two full-fledged

Takaful

companies, namely

Jaiz

Takaful

and

Noor

Takaful

as

well two (2)

Takaful

windows (African Alliance Insurance and Niger Insurance) and a division

of

Takaful

(Cornerstone Insurance) of conventional insurance companies were incorporated

and thus by December 2016, there were two full-fledged

Takaful

companies and three

conventional insurance companies offering

Takaful

as a product.

Similarly, the Nigerian Islamic Capital market comprises of two (2) Islamic funds, namely:

Lotus Capital Halal Fund and Stanbic IBTC- Iman Fund as well as Osun State Government

Sukuk

.

In Nigeria there are no dedicated laws for Islamic Finance. The legal framework for Islamic

finance was derived from the existing conventional finance laws by leveraging on some

provisions in the laws to establish Islamic financial institutions. These laws include: Banks and

Other Financial Institutions Act (BOFIA) 1991, Central Bank of Nigeria (CBN) Act 2007

17

,

Nigerian Deposit Insurance Corporation (NDIC) Act 2006

18

, National Insurance Commission

(NAICOM) Act 1997

19

as well as Company and Allied Matters Act (CAMA) 1990

20

and

Investment and Securities Act (ISA) 2007

21

. This lack of separate laws for Islamic finance has

contributed in retarding the growth and development of Islamic finance in Nigeria.

17

For details see sections 23(1) 52; 55(2); 59(1)(a); 61 of Banks and Other Financial Institutions Act (BOFIA) 1991 (as

amended). Available at

: https://www.cbn.gov.ng/OUT/PUBLICATIONS/BSD/1991/BOFIA.PDF

18

For details see part 1 section 2. Available at

: www.ndic.gov.ng/files/ndicact.pdf

19

For

details

see

section

7

of

the

NAICOM

Act

1997.

Available

at:

https://www.proshareng.com/report/Regulators/NAICOM-Act-1997/3394

20

For details see Part II Chapter 1: Available at

: www.placng.org/new/laws/C20.pdf

21

For details see parts 8, 13 and 17: Available:

www.sec.gov.ng/wp.../THE-INVESTMENTS-AND-SECURITIES-ACT- 2007_NIGERIA.pdf