Kiran,
 Apologies for the top post (blame it on blackberry). 
I am assuming as one of the target population, I found this an intersting 
develpment. I have to admit that I came across a report on Forrester on islamic 
banking, I am gald that kerala gov has taken the initiative for right or wrong 
reasons. Co-existance of islamic ( this definition is gray area) with normal 
banking exists in some european countries, I believe there is even a few 
operating in US (according to report). As for me, I would possibly wait and see 
:)

Sent from my BlackBerry® wireless device

-----Original Message-----
From: Kiran K Karthikeyan <[email protected]>
Date: Thu, 8 Oct 2009 11:55:49 
To: <[email protected]>
Subject: [silk] Kerala Government Initiative for creating investment
        opportunities for Muslims

A wonderful initiative from both a social and developmental
perspective. Infrastructure in Kerala could do with some improvement.

I'm not aware of any country where standard banking and Islamic
banking regulations coexist and it would be very interesting how
regulations will change to accomodate this.

Kiran

Bank on us: Kerala makes investment offer to Muslims

Saumya Roy / Forbes India

Funds for infrastructure projects, and Shariah-compliant investment
opportunities for Keralite Muslims--with one stroke, the Kerala
government has come up with a solution for these two problems.

The state government is in the process of setting up a Rs 1,000 crore
investment company that will offer equipment leasing and home loans,
and invest in Islamic compliant ways. This will be India’s first
government-controlled Islamic company.

The Kerala government’s decision is intelligent. Of the Rs. 43,288
crore that were remitted into the state in 2008, Rs. 18,998 crore came
from non-resident Muslims, says a report by the
Thiruvananthapuram-based Centre for Development Studies. This money
may not be invested in a way that gets the best returns because
Muslims fear that the investment may run foul of Islamic investment
principles.

The Shariah, which stipulates dos and don’ts for observant Muslims,
prohibits earning or living off interest. Muslims are not allowed to
invest in pork, alcohol or gaming companies. They are not allowed to
invest in banks and other companies whose debt is more than a third of
their market capitalisation and receivables are less than 5 percent.
Most non-resident Keralite Muslims therefore let their money generate
sub-optimal returns.

Shariq Nisar, director at Mumbai-based Shariah investment consulting
firm, Taqwaa Advisory and Shariah Investment Solutions, says, “A
survey found the Malayalee Muslims use their remittances to buy
jewelry, real estate or open bank accounts offering no interest. Now
the government wants to use it for infrastructure development and to
give better returns to these non-resident Keralites.” Nisar’s firm is
advising the Kerala government on setting up the Islamic investment
company.

The company will ensure that investors’ funds are deployed in
Shariah-compliant ways. So, initially it will provide finance for
cranes, trucks, wagons or other equipment to infrastructure companies,
through a lease-to-own system known as Ijara. Here, the company would
buy the capital equipment and the user would pay an installment that
consists of rental for use and part-payment.

The Kerala government’s step is significant. While some small
companies have provided some Islamic products, the first
government-backed company could provide much needed stimulus to the
floundering Islamic investment sector in India. Islamic Funds in Saudi
Arabia and Malaysia, two major markets for such investing, have more
than $23.86 billion under management, according to a report by
professional services company, Ernst and Young.

The report lists India as one of the countries with high potential
because of its large Muslim population and large untapped market
thanks to a lack of Islamic financial products including bonds,
insurance or mutual funds.

“This allergy the central government had [to religion-specific
financial products], meant that Shariah-compliant investments from the
Middle East and South East Asia went to European or US companies
rather than here,” says Syed Beary, whose construction company has
Shariah-compliant funding for his 1.2 million square foot office
development project near Bangalore.

Hasib Ahmed, principal investment officer, who manages Asian
Development Bank’s Islamic Investment Fund among others, says, “Just
because India does not have a banking law for Islamic banking, does
not mean that it would be losing out on remittance inflows, as these
funds go to support families living at home and are absolutely
essential. However, Islamic investment flows might and possibly do not
come to India as banking laws do not provide Islamic structures for
investments.”

Will Muslims from Kerala invest? Kerala’s industries minister,
Elemaram Kareem says, “We want to honour Malayalee Muslims. They
invest in Europe or with small religious groups here. Why not us?”

While there are few precedents for this in India, elsewhere for Ijara
and Murabaha (home loans where the financing company buys the
property, adds a mark-up, and sells it to the user on installment),
the rental or mark-up (rate of return) is often linked to the interest
rate in the market. In India, the expected return should be around 9
to 12 percent, Nisar says. Foreign investors who had made
Shariah-compliant equity investments, are likely to get returns of
around 20 percent, he says. Beary, whose office development project is
built with Shariah-compliant funding, says returns could be between 20
and 25 percent.

“Right now we are looking at an NBFC [non banking financial company].
When regulations change we will look at creating an Islamic Bank,”
Kareem says. If this happens, it could be India’s first Islamic Bank.

It could go a long way in attracting Islamic investments from
non-resident Keralite Muslims. Already, these prefer investing in
India’s nationalised banks to banks in the Middle East, some of which
went down during the global economic meltdown, says Irudaya Rajan,
writer of the study on remittances to Kerala.

The Kerala government says its company, in which it holds 11 percent
equity while the rest is held by non-resident Keralite investors, will
work to change regulations at a local and national level to allow
growth. “The state government’s involvement will bring a comfort level
to the central government,” Beary says.

All things considered, answers to some vexing regulatory questions
would have to be found before the company can scale up. For instance
Murabaha has been hard to introduce in India because it would mean an
added cost of getting registration and stamp duty done twice, Nisar
says. But it is an area where the state government could amend
regulation to allow this.

Making projects Shariah-compliant on a sustained basis is a challenge
too. ADB’s Ahmed says he once invested Shariah-compliant money into
buying aircraft but the airline had to ensure that alcohol would not
be served on it.

To address this, the Kerala government will form a board of Shariah
experts to review investments on a quarterly basis. “There is a huge
opportunity of channelling Middle Eastern money for such investments,”
says Luis Miranda, chief executive of IDFC Private Equity.

The regulatory dimension and difficulty in implementing this, makes
involvement of the government, though unusual, a logical decision.
“Since this is a first of a kind, we want to assure investors of
government involvement and support,” says T. Balakrishnan, principal
secretary, Kerala State Industrial Development Corporation, through
which the state government is investing in the company.

“But it will be professionally run.” ADB’s Ahmed says India’s banking
acts will have to be amended as investors would like protection for
such investments in the law.

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