RAQABA launched its activities in the U.S with shari'a audit  on structures
and design

of  the products in Islamic financial institutions

http://raqaba.co.uk/?q=en/node/1414/


Each product in the financial institutions has specific policies and
procedures, and the degree of difficulty to understand these policies and
procedures vary in accordance to basic rules which are:
(A) Shari'a rules.
(B) Laws and regulations.
(C) The instructions of the central bank and the supervisory authorities.
(D) The related standards, including accounting standards.
(E) Controls elements.

The products may resemble sometimes in the name only, however the structure
and design of the product may differ substantially, for instance, there are
many types of the leasing which the Islamic financial institutions use, one
of them is Ijara ended with ownership (ijarah muntahia bittamleek). It is
leasing with promise to ownership leased property to the lessee at the end
of the lease period or during, the ownership can be either by donation or
sale.

There are other financing structures of leasing they are characterized by
creativity, it has been mentioned in the Sunnah and enriched by our
scholars, this financing structure has been restructured based on very
famous jurisprudence issue is Sale with the benefit exception (or sell the
asset or neck with benefit exception), it has found a way to apply smoothly
and intelligently in an environment that is facing legal challenges and
different legislative, through one of our clients in the United States
(American Finance House - LARIBA).

An understanding of the structure and design of the product includes
understanding its shari'a structure, laws affecting it; related
instructions of the central bank and supervisory authorities, related
accounting standards, and controls elements. All policies and procedures
including contracts which arrange relations between the financing and all
related parties (suppliers, investors .. etc.) are an integral part of the
structure and design of the product. And also the understanding of the
structure and design of the product is half of shari'a audit.

One of the shari'a audit services is to express an independent professional
opinion on the structure and design of the product, this service is new at
the level of theory and practice, Raqaba has provided this service to one
of its clients in the United States (American Finance House - Lariba). This
service stands out as a necessary condition for activation the shari'a
audit on the implementation.

Dr. Abdulbari Mashal (Chairman , Raqaba Group) sees that shari'a audit
service on structures and design of the products will impact positively on
raising the quality and efficiency of products and services compliant with
shari'a rules. Also Dr. Mashal added that the shari'a audit is still
expanding to accommodate other services similar to financial audit, and he
expect that providing an independent professional opinion about the
internal shari'a control system of the institution will be required in the
professional practice significantly.

It is noteworthy that RAQABA -In a step that reflects the professional
status of the group in the field of shari'a audit and Islamic financial
consultation - has signed an agreement for an independent external shari'a
audit with American Finance House (Lariba) by one of the group companies
(Raqaba - US) in the second half of 2014. The agreement contains provision
independent external shari'a audit services on structures and design of the
products, thus enhancing (Lariba) efforts in its responsibility for the
design and implementation of the contracts and transactions in compliance
with shari'a rules.

RAQABA (Raqaba - US) has issued the first shari'a audit report in the
United States after a professional work continued for several months about
examination of structures and procedures for "LARIBA" Home Financing Model
"Declining Participation in the Usufruct (DPU)" (the product) , it will be
followed by the issuance of the shari'a audit report on the implementation
of the contracts and transaction for the year ended 31.12.2015.

It is worth mentioning that RAQABA group offers a wide range of shari'a
audit services as well as Islamic financial advisory services include the
following:
- External Shari’a Audit,
- Internal Shari’a Audit,
- Agreed Upon Procedures (Special Purpose Audit),
- Corporate Governance Audit,
- Establishment of and Conversion of Financial Institutions to Islamic
System,
- Structuring and Development of Islamic Bonds (Sukuk) and Other Islamic
Financial Products,
- Development of Policies and Procedures of Products and Processes,
- Assistance in the Design of and Implementing Systems That are in
Compliance - with the Islamic Laws and Regulations (Shari’a),
- Shari’a Compliant Equities Index,
- Foundation and Management of Shari’a Supervisory Boards (SSBs),
- Development of Policies and Procedures of Internal Shari’a Audit,
- Establishment and Management of the Internal Shari’a Audit Department,
- Establishment and Management of External Shari’a Audit Office,
- Developing and Monitoring Shari’a Quality Systems,
- Design of Seminars' Programs and Conferences,
- Islamic Commercial Arbitration,

American Finance House (LARIBA) was founded in 1987 in Pasadena, California
in the United States; it was created by a group of businessmen. The main
objective of this company is interest-free financing for all segments of
society, by leasing or participation through specialized products in home
financing, commercial property financing, auto financing, and equipment
financing.

Related Links:
Establishment of (Raqaba- USA) in the United States
http://raqaba.co.uk/?q=en/node/1392/


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