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IJARAHRental System in Agriculture

November 28- 29, 2011

Ch. Hamad Rasool BhullarFCMA, FCIS, FPA, DCMA, PGD(Islamic Banking)

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Overview

Ijarah – Introduction Ijarah Muntahia Bittamleek Essentials of Ijarah AAOIFI Shari’a Standard Guidlines Mechanism and Applications Risks and Practical Issues Documentation and special Cares in Implementation

of the system Vote of Thanks and Q & As….!

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IJARAH (LEASING) - INTRODUCTION

Ijarah is to offer for a consideration the usufruct of a thing of value from which benefit can be derived without consumption, while retaining the ownership of the leased assets and assuming risks pertaining thereto

IJARAH AL ASHKAAS Vs IJARAH AL AI’YAN

Conventional Lease Vs Islamic IjarahIjarah (Operating Lease)

Ijarah Muntahia Bittamleek

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It is an Ijarah that ends with the ownership of the asset.

There are several types of Ijarah Muntahia Bittamleek. These are characterized based on the method by which the ownership transfers to the user: For no consideration (through a gift) For token consideration For price specified in the lease For remaining amount (if lease is terminated before period) Gradual transfer

IJARAH MUNTAHIA BITTAMLEEK

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ESSENTIALS OF IJARAH

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IJARAH (LEASING)

The corpus of leased commodity remains in the ownership of the lessor and only its usufruct is transferred to the lessee.

Any thing which cannot be used without consuming the same cannot be leased out like money, edibles, fuel, etc.

Only such assets which are owned by the lessor can be leased out except that a sub-lease is effected by the lessee with the express permission of the lessor.

Until such time that assets to be leased are delivered to the lessee, lease rentals do not become due and payable

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IJARAH (LEASING)

During the entire term of the lease, the lessor must retain title to the assets, and bear all risks and rewards pertaining to ownership.

If any damage or loss is caused to the leased assets due to the fault or negligence of the lessee, the consequences thereof shall be borne by the lessee.

The consequences arising from non-customary use of the asset without mutual agreement will also be borne by the lessee.

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IJARAH (LEASING)

The lessee is also responsible for all risks and consequences in relation to third party liability, arising from or incidental to operation or use of the leased assets.

The insurance (Takaful) of the leased asset should be in the name of lessor and the cost of such Takaful also borne by him.

A lease can be terminated before expiry of the term of the lease but only with the mutual consent of the parties.

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IJARAH (LEASING)

Either party can make a unilateral promise to buy/sell the assets upon expiry of the term of lease, or earlier at a price and at such terms and conditions as are agreed, provided that the lease agreement shall not be conditional upon such sale.

Alternatively, the lessor may make a promise to gift the asset to the lessee upon termination of the lease, provided the lessee has fulfilled all his obligations.

However, there shall not be any stipulation in the lease agreement purporting to transfer of ownership of the leased assets at a future date.

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IJARAH (LEASING)

The amount of rental must be agreed in advance in an unambiguous manner either for the full term of the lease or for a specific period in absolute terms.

Assignment of only the lease rentals is not permissible except at par value.

Contract of lease will be considered terminated if the leased asset ceases to give the service for which it was rented. However, if the leased asset is damaged during the period of the contract but is capable of being repaired, the contract will remain valid.

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IJARAH (LEASING)

A penalty can be agreed ab initio in the lease agreement for delay in payment of rental by the lessee. In that case, lessee shall be liable to pay penalty calculated at the agreed rate in percent per day/annum. However, that penalty shall be used for the purposes of charity.

However, The Islamic banks can also approach competent courts for award of damages, at discretion of the courts, which shall be determined on the basis of direct and indirect costs incurred, other than opportunity cost.

Also, security or collateral can be sold by the bank (purchaser) without intervention of the court.

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AAOIFI SHARIAH STANDARD # 9

GUIDLINES

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Ijarah and Ijarah Muntahia Bittamleek SHARIAH GUIDLINES

Scope of the standard.This standard is applicable to operating leases of properties or to Ijarah Muntahia Bittamleek. Whether the institution is the lessor or the lessee. This standard is not applicable to the employment of persons (labor contract).

Promise to lease (an asset).It is permissible for the institution to require the lease promisor (customer) to pay a sum of money to the institution to guarantee the customer’s commitment to accepting a lease on the asset and the subsequent obligations, provided no amount is to be deducted from this sum except in proportion to the actual damage suffered by the institution.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES

Acquisition of the asset to be leased.For the validity of an Ijarah contract concerning a specified asset, the lease contract should be preceded by acquisition of either the asset to be leased or the usufruct of that asset.

(a) If the asset or the usufruct thereof is owned by the institution, which should in principle be the case, an Ijarah contract may be executed as soon as agreement is reached by the two parties.

(b) however, if the asset is to be acquired from the customer, or from a third party, the Ijarah contract shall not be executed unless and until the institution has acquired that asset.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES

Concluding an Ijarah contract. The lease contract is a binding contract which neither may terminate

or alter without the other’s consent.

The duration of an Ijarah contract must be specified in the contract. The period of Ijarah should commence on the date of execution of the contract, unless the two parties agree on a specified future commencement date, resulting in a future Ijarah, that is, an Ijarah contract to be executed at a future date.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES

Subject Matter of Ijarah The leased asset must be capable of being used while preserving

the asset, and the benefit from an Ijarah must be lawful in Sharia.

The lessor may not stipulate that the lessee will undertake the major maintenance of the asset that is required to keep it in the condition necessary to provide the contractual benefits under the lease. The lessor may delegate to the lessee the task of carrying out such maintenance at the lessor’s cost. The lessee should carry out operating or periodical (ordinary) maintenance.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES

Rules governing lease rentals. In case the rentals is subject to changes (floating

rentals), it is necessary that the amount of the rentals of the first period of the Ijarah contract be specified. It is then permissible that the rentals for subsequent periods be determined according to a certain benchmark.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES Guarantees and treatment of Ijarah receivables.

Permissible security, of all kinds, may be taken to secure the rental payments or as security against misuse or negligence on the part of lessee.

It may be provided in the contract of Ijarah or Ijarah Muntahia Bittamleek that a lessee who delays payment for no good reason undertakes to donate a certain amount or percentage of the rentals due in case of late payment. Such donation should be paid to charitable causes under the co-ordination of the institution's Sharia supervisory board.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES

Termination of the Ijarah Contract. The two parties may terminate the Ijarah contract

before it begins to run. It is permissible to terminate the lease contract by

mutual consent but it is not permissible for one party to terminate it except in case of force majeure or there is a defect in the leased asset that materially impairs its use. Termination is also possible when one party secures an option to terminate the contract in which case the party who holds the option may exercise it during the specified period.

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Ijarah and Ijarah Muntahia Bittamleek

SHARIAH GUIDLINES

Transfer of the ownership in the leased property in Ijarah Muntahia Bittamleek.

In Ijarah Muntahia Bittamleek, the method of transferring the title in the leased asset to the lessee must be evidenced in a document separate from the Ijarah contract document, using one of the following methods. By means of a promise to sell for a token or other

consideration, or by accelerating the payment of the remaining amount of rental, or by paying the market value of the leased property.

A promise to give it as gift (for no consideration). A promise to give it as a gift, contingent upon the

payment of the remaining installments.

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IJARAH (LEASING)FOR AGRO-BASED BUSINESSES

DAIRY FARMINGMilk processing plants, Allied Sheds and machineries etc.Packaging plantTankers for transportation

IRRIGATION (AAB-PASHI) FINANCING: Installation of Tube wells / Turbine, Water Sprinkle / drip system for effective water management, Solar energy plants, Pumps for irrigation system.

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IJARAH (LEASING)FOR AGRO-BASED BUSINESSES

Transport and Vehicles Financing• Purchase of tractors• Refrigeration vans• Farm cooling tanks• Motorcycles for milk distribution• Small pickups for distributions• Mini trucks and chiller carriers for

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MECHANISM OF IJARAH

Another popular instrument – 15% of the transactions

Easier to understand and implement

Right available to the lessee for purchase

Financier(Lessor)

Financier(Lessor)

Farmer(Lessee)

Farmer(Lessee)

VendorVendor

Transfer of assetTransfer of asset Beneficial useBeneficial useof assetof asset

Payment ofPayment ofpurchase pricepurchase price

Lease rentalsLease rentals

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Risks and Practical Issues Credit Risk (Default in rental payments) Rate of Return Risk Customer may decline to enter into Ijarah. Damage to the Asset Overdue Rentals Non-Compliance/Violation of contract. Early Termination Asset Price Risk Repair and Maintenance Running Expenses (depending upon contract)

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Risks and Practical Issues

Proper documentation Sequence of Documentation in Sale and

lease Back. Time of Transferring asset in Sale and Lease

back Islamic Lease covers the conditions of

Finance Lease as described in IAS 17. Accounting & Tax Depreciation Issues.

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DOCUMENTATION

SPECIAL CARES IN IMPLEMENTATION OF THE

IJARAH SYSTEM

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IJARAH AGREEMENT

Ijarah Agreement is the basic document

which contains all terms and conditions

pertinent of Ijarah of particular Asset(s).

Ijarah Agreement shall be signed after

the Lessor has taken the possession the

Asset and not earlier.

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ADDENDUMS TO IJARAH AGREEMENT

Description of the Ijarah

Asset

Schedule of of Ijarah Rentals

Receipt of Asset

Demand Promissory Note

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DESCRIPTION OF IJARAH ASSET

This document contains the detailed description about the Leased Asset agreed between the parties e.g Name, Make ,Model,Engine No., Chassis No., Registration No. etc etc.

This documents shall be signed signed after Delivery of asset to the Lessee and not earlier.

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SCHEDULE OF IJARAH RENTALS

This schedule contains a table which shows:

Amount of rental (Monthly/Quarterly/Half Yearly)

Date of Payment of each rental

This schedule will also contain the date on which first rental is due.

This documents shall be signed signed after Delivery of asset to the Lessee.

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RECEIPT OF ASSETS

This document confirms that customer has taken the possession of Leased Asset as described in the earlier document “Description of Ijarah Asset”.

This document is only signed by the Lessee on receipt of Asset, as an acknowledgement of receipt of described asset under Ijarah Contact.

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PROMISSORY NOTE

After signing of Ijarah Agreement, the amount of rentals become Debt (Dyan) to the Lessee.

Promissory Note is Lessee’s acknowledgement to Debt amount and its promise to pay.

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UNDERTAKING TO PURCHASE LEASED ASSET

This documents contains undertaking from the Lessee that he/it will purchase the Leased asset on the purchase Price corresponding to the Purchase Date.

This document contains a schedule which shows Purchase Price(s) during the Ijarah term on which the Lessee can purchase the asset by making lump sum payment.

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OTHER DOCUMENTS

Undertaking for Personal use of Ijarah Asset

Trust Receipt

Authorization to Take possession of Leased Asset

Sale Deed

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THANK YOU for

listening with Patience.

Any further Questions….?Ch. Hamad Rasool Bhullar