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Aishath Muneeza, Ismail Wisham, Rusni Hassan,<br />

International Islamic University Malaysia<br />

commercial banks are vigorous indicators for positive<br />

expectations.<br />

Malaysia endured the gradual approach of implementing<br />

Islamic banking. Although, the country is facing problems in<br />

segregating Islamic and conventional banking fixed assets<br />

and overheads expenses but, no doubt, it has successfully<br />

developed a viable Islamic financial system. After developing<br />

an Islamic banking infrastructure and Islamic instruments<br />

for financial investments and liquidity management, the<br />

country is actively progressing towards the development of<br />

Islamic capital market. Malaysia is now also inviting the<br />

international market to experience its new dual banking<br />

system.<br />

It shall be noted here that the incongruous legal struggle<br />

stems from the dodges in the devised legal frameworks.<br />

Hence in this part of the paper, a comparative study of a<br />

country which transformed all of its laws to accommodate<br />

Islamic banking would be divulged into, followed by a<br />

description of a country in which an Islamic Banking<br />

framework co-exist with a conventional banking system in<br />

harmony.<br />

Pakistan: a convert of Islamic banking<br />

The process of Islamizing the financial structure of Pakistan<br />

is in conjunction with the global resurgence of Islamic<br />

banking in the late seventies. Pakistan was among the three<br />

countries in the world that has been trying to implement<br />

Islamic banking at national level. This process started with<br />

presidential order to the local Council of Islamic Ideology<br />

(CII) to prepare the blueprint of interest free economic<br />

system on September 29, 1977. The council included<br />

panelists of bankers and economists, submitted their report<br />

in February 1980, highlighting various ways and sufficient<br />

details for eliminating the interest from the financial system<br />

of Pakistan. This report was the seed for Islamizing the<br />

banking system in Pakistan.<br />

The Islamic banking movement in Pakistan was countrywide.<br />

As it was a gargantuan mission, the barter plan was<br />

implemented in phases. The development was started by<br />

transforming the operations of specialized financial<br />

institutions like National Investment Trust (NIT), Investment<br />

Corporation of Pakistan (ICP), and House Building Finance<br />

Corporation (HBFC) to the system conforming to the Islamic<br />

193

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