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Reserve Bank of Malawi Regulation on Non-Interest Banking

The Reserve Bank of Malawi has issued a comprehensive regulation document for non-interest banking, which includes Shariah-compliant financial products. The key points of this regulation are outlined below.

Shariah Governance Requirements

Part III: Shariah Governance

A bank engaged in non-interest banking must establish a Shariah Board or advisors with expertise in Islamic law and finance. The Shariah Board shall review and approve non-interest banking products, certify their compliance with Shariah principles, and oversee innovative product development.

Member Qualifications

Members of the Shariah Board must meet specific requirements, including:

  • Being a Shariah scholar
  • Having integrity
  • Having honesty and professionalism

Prudential Requirements

Part IV: Prudential Requirements

A bank engaged in non-interest banking must comply with liquidity reserve requirements and have an internal audit structure to assess control procedures for addressing specific risks associated with non-interest banking products.

Risk Management Framework

The bank should develop policies, systems, and procedures to identify, measure, monitor, and control risk exposures, including Shariah compliance matters.

Permissible Non-Interest Banking Products

A bank may offer the following products:

  • Murabaha (Cost-Plus Financing): A financing product where the bank sells goods or services at a markup.
  • Mudaraba (Profit-Sharing Investment): An investment product where the bank and investor share profits based on a predetermined ratio.
  • Musaharaka (Joint Venture): A joint venture between the bank and other parties to undertake a specific project or business.
  • Diminishing Musharaka (Equity Participation with Reduction in Ownership): An equity participation product where the bank reduces its ownership stake over time.
  • Ijarah (Leasing): A leasing product where the bank leases assets to customers.
  • Istisna (Construction Contract): A construction contract between the bank and a customer for a specific project.

Regulatory Treatment

Non-interest banking products shall be mapped to conventional products for regulatory treatment, including reporting, risk weighting, and capital charge allocation.

Anti-Money Laundering and Combating the Financing of Terrorism Requirements

Part V: AML/CFT Compliance

A bank engaged in non-interest banking must comply with Anti-Money Laundering requirements, including the Financial Crimes Act 2017 and relevant regulations and directives.

Conclusion

This regulation aims to ensure that banks operating in Malawi’s non-interest banking sector adhere to Shariah principles and regulatory requirements, while maintaining prudential standards and transparency.