28th
March 2024, Manama, Kingdom of Bahrain | The General Council
for Islamic Banks and Financial Institutions (CIBAFI), the global umbrella of
Islamic financial institutions, recently submitted its comments to the
International Accounting Standards Board (IASB) on the Exposure Draft titled
"Financial Instruments with Characteristics of Equity – Proposed
Amendments to IAS 32, IFRS 7 and IAS 1". The Exposure Draft, issued on 29th
November 2023, was open for public consultation until 29th March
2024.
CIBAFI, in its role as
an advocate for the Islamic Financial Services Industry (IFSI), provided
collective feedback from its member banks across over 34 jurisdictions. The
organization's comments focused on the need for increased clarity and guidance
in the proposed amendments, particularly concerning the treatment of Islamic
financial instruments and their unique characteristics.
One of the key points
raised by CIBAFI was the importance of considering the enforceability of rights
and obligations under Islamic law (Shariah) when classifying financial
instruments. The organization highlighted that the status of these rights and
obligations varies across jurisdictions, leading to potential uncertainties in
the treatment of instruments such as unrestricted Profit-Sharing Investment
Accounts (uPSIAs) and Sukuk.
CIBAFI also emphasized
the need for additional guidance on handling complex structures, multiple legal
systems, and situations where the enforceability of certain aspects of the
documentation may be uncertain. The organization believes that such guidance
would greatly benefit Islamic financial institutions in their efforts to comply
with the proposed amendments.
Furthermore, CIBAFI
suggested enhancements to the disclosure requirements outlined in IFRS 7 to
better cater to the specific needs of Islamic financial institutions. The
organization proposed the inclusion of disclosures related to profit
allocation, expense charging, investment prioritization, and administrative
expenses associated with quasi-equity instruments.
CIBAFI's comments
underscore the importance of considering the unique characteristics of Islamic
finance when developing and amending international accounting standards. The
organization remains committed to working with the IASB and other stakeholders
to ensure that the needs of the Islamic Financial Services Industry are
adequately addressed in the ongoing development of financial reporting
standards.