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Shariah governance for Islamic financial institutions
Author
Source
ISRA International Journal of Islamic Finance
Issue
Vol. 1, Issue 1 (31 Dec. 2009), pp.59-75, 17 p.
Publisher
International Shari'ah Research Academy for Islamic Finance
Publication Date
2009-12-31
Country of Publication
Malaysia
No. of Pages
17
Main Subjects
Economy and Commerce
Financial and Accounting Sciences
Religion
Islamic Studies
Topics
- Banks
- Financial institutions
- Islam
- Financial transactions
- Law
- Financing
- Arab Gulf States
- Pakistan
- Iran
- Malaysia
- Customers
- Banking services
- Divine governance
- Islamic Banks
Abstract EN
For Islamic financial institutions to have credibility, formal procedures for Shariah governance are required; otherwise clients would have no assurance that the institution is upholding the principles of Islam in its financial dealings.
This formal assurance can be provided by national law, as in the case of Iran, which enacted the Law on InterestFree Banking of 1983, under which all banking operations had to be Shariah compliant.
Malaysia passed an Islamic Banking Law the same year, but it created a dual system whereby licensed Islamic banks could compete alongside those operating conventionally.
Unlike in Iran, however, Malaysia instigated a system for ongoing assurance by establishing Shariah Boards for the Central Bank and the Securities Commission with the power to deliver fatwa, and boards at the level of each Islamic bank to ensure that the financial products they offered are Shariah compliant and conform to the requirements of the centrally issued fatwa.
At the other extreme, the countries of the GCC have devolved all Shariah governance to the institutional level, although many Islamic banks recognise the rulings of the Shariah Board of the Bahrain-based Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) and the Organization of the Islamic Conference (OIC) Fiqh Academy.
This paper discusses the merits of centralised versus devolved Shariah governance and considers what competences and experience Shariah Board members should have.
The Islamic Financial Services Board has recently issued guidelines on Shariah governance.
These are evaluated, including the conditions for the appointment of Shariah Board members, their mandate, procedures for the conduct of meetings, and lines of accountability and reporting.
American Psychological Association (APA)
Wilson, Rodney. 2009. Shariah governance for Islamic financial institutions. ISRA International Journal of Islamic Finance،Vol. 1, no. 1, pp.59-75.
https://search.emarefa.net/detail/BIM-717749
Modern Language Association (MLA)
Wilson, Rodney. Shariah governance for Islamic financial institutions. ISRA International Journal of Islamic Finance Vol. 1, no. 1 (Dec. 2009), pp.59-75.
https://search.emarefa.net/detail/BIM-717749
American Medical Association (AMA)
Wilson, Rodney. Shariah governance for Islamic financial institutions. ISRA International Journal of Islamic Finance. 2009. Vol. 1, no. 1, pp.59-75.
https://search.emarefa.net/detail/BIM-717749
Data Type
Journal Articles
Language
English
Notes
Includes bibliographical references : p. 75
Record ID
BIM-717749