rules and responsibility islamic financial services board
 See BNM’s Guidelines on the Governance of Shariah Committee for the Islamic Financial Institutions (GPS 1) at p. 11 – 13. Some jurisdictions, such as Malaysia, have also listed the duties and responsibilities of Islamic finance institutions to support the Shari’ah board’s function. All Rights Reserved. 4 See Brian C Cheffins, ‘Current Trends in Corporate Governance: Going from London to Milan via Toronto’ (2000) 10 Duke Journal of Comparative and International Law 5. 0000001907 00000 n They are further considered as the stakeholders’ advocate regarding Shari’ah compliance and optimum service. var addy_text17313 = 'akram' + '@' + 'isra' + '.' + 'my'; As they are essential to Islamic finance’s growth, Shari’ah advisors need to play a role in ensuring that these disciplines are not in contradiction with Shari’ah requirements. Apart from that, the Shari’ah advisor may participate as the arbitrator or mediator in ADR, thus allowing for better understanding and resolution of Shari’ah compliant transactions. This is to ensure comprehensive supervision as well as free access of the institution’s staff to the Shari’ah advisor. We focus on education and skills building activities for underserved youth, and are committed to humanitarian causes and to creating a sustainable future. (b) that there is, in the articles of association of the bank concerned, provision for the establishment of a Syari’ah advisory body, as may be approved by the Central Bank, to advise the bank on the operations of its banking business in order to ensure that they do not involve any element which is not approved by the Religion of Islam. The main duties and responsibilities of the Shariah Committee are as follows: They are listed clearly in the Guidelines on the Governance of Shari`ah Committee for Islamic Financial Institutions (GPS 1) and their details and elaboration are provided as well. The IFSB and IILM Renew MoU to Emphasise on Economic Development in the Islamic Financial Services Industry; 10 December 2020 Central Bank of UAE to Helm IFSB Chairmanship for 2021; 10 December 2020 The IFSB Admits two Organisations into Its Membership ; 10 December 2020 The IFSB Council Adopts Two New Standards for the Islamic Financial Services Industry; 30 November 2020 The IFSB’s … 7 ‘Islamic Investment’, FTSE Group, 2008. Categories // Ethics. In addition to that, it is important to ensure clear and transparent procedures of decision-making as well as the independence of Shari’ah scholars. Hence, Shari’ah boards have to be free from any suspicious action in their conduct and decisions. 4. Apart from that, they need to interact closely with their officers or other executive staff in the institutions and to study relevant documents. Thus, it is proposed that a professional association of Shari’ah advisors be formed and that this body organize and ensure a continuous professional development (CPD) programme for Shari’ah advisors, establish an acceptable qualification for members and oversee the conduct of Shari’ah advisors. They should also propose new laws that are beneficial and crucial for the industry’s wellbeing and growth and propose amendments to laws that are not Shari’ah-friendly for Islamic finance practices. These principles touch on the element of competence of the Shari’ah board and its officers and how such matter can be attained and enhanced. At Deloitte, we are committed to driving societal change for the better through Corporate Responsibility & Sustainability initiatives. Besides being a good idea for its own sake, it can also boost public confidence in and trust of the Islamic financial institution. It also emphasized that the Shari’ah board should have a clear mandate and responsibility and they should meet certain ‘fit and proper’ criteria. Ghani, Sistem Kewangan Islam dan Pelaksanaannya di Malaysia, JAKIM: Kuala Lumpur 1999, at p. 5. This duty usually falls to the board treasurer, as they are responsible for maintaining the community’s financial records. By Faleel Jamaldeen . In relation to the Shari’ah board and their duties, the recommendations or guidelines can be summarized as in the following: Principle 1.2 declares that the Islamic finance institution has to ensure that its Shari’ah board shall have clear terms of reference regarding its mandate and responsibility, well-defined operating procedures and lines of reporting, and good professional ethics and conduct. (5) The Central Bank shall not recommend the grant of a licence, and the Minister shall not grant a licence, unless the Central Bank or the Minister, as the case may be, is satisfied—, (a) that the aims and operations of the banking business which it is desired to carry on will not involve any element which is not approved by the Religion of Islam; and. (6) Any person who contravenes the provisions of this section shall be guilty of an offence and shall on conviction be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding three years or to both such fine and imprisonment. Contemporary Islamic finance is based on a number of prohibitions that are not always illegal in the countries where Islamic financial institutions are operating: This can be done via establishment of a Shari’ah department or secretariat to assist Shari’ah boards by providing resources, collecting fatawa and Islamic finance institution reports, conducting research, assisting in the product development process and in conducting internal reviews, audits or any other assistance that may be necessary to Shari’ah board. Thus, Shari’ah scholars need to learn and have sufficient understanding of legal jargon or, if they don’t, to seek assistance in reading those documents and only approve them after being satisfied that they are in line with Shari’ah requirements and clearly describe the transaction that ought to take place. The IFSB document sets out seven guiding principles (the guiding principles) of pruden- tial requirements in the area of corporate governance for institutions offering only Islamic ﬁnancial services (IIFS) (excluding (1) Islamic insurance (takaful) institutions; and (2) Islamic … trailer The challenge to move towards innovations and providing Islamic-based services and products. It is hoped that such efforts will continue in the future, as the Islamic finance industry still has a long way to go before it matures and fully develops. Islamic finance is a global financial system that complies with sharia (Islamic law) — a code of conduct that guides all aspects of Muslim life. 0000001584 00000 n However, apart from those guidelines, Shari’ah advisors may assist Islamic finance institutions and the industry in other matters consistent with their competence and capability that are relevant to the growth of the industry. Secondly, ensure that the decisions of the Shari’ah boards are understood by the practitioners so that they will be properly implemented, as they are the ones responsible for applying the decisions of the Shari’ah boards.  See BNM’s Guidelines on the Governance of Shariah Committee for the Islamic Financial Institutions (GPS 1) at p. 9 – 11. DTTL (also referred to as "Deloitte Global") does not provide services to clients. As Shari’ah advisors are among the industry’s main actors and Shari’ah governance is an integral part of the industry, their roles need to be clearly set out and observed. Therefore, Shari’ah scholars must have sufficient knowledge about the Shari’ah, legal and operational aspects of the products and transactions. BNM/GPS 1 Guidelines on the Governance of Shariah Committee for the Islamic Financial Institutions _____ Any correspondence … This means that the decision made by a Shari’ah board needs to be binding on the management of the Islamic finance institution and, moreover, they are the highest authority on Shari’ah issues and transactions. This will require all the relevant authorities to invest in producing and training new Shari’ah scholars as well as providing them with the necessary exposures and experience to be fit and competent for the tasks that they have to undertake. The Islamic financial system, which is commonly characterized as a moral and ethical system, must contribute effectively to overall wealth creation, growth and development, and greater shared prosperity.. They have to ensure that the products have positive objectives and are not used as means to forbidden ends. 0 Sharia boards have two broad areas of responsibility within an Islamic financial institution: Ensuring that a firm’s operations are sharia-compliant Confirming that product development is sharia-compliant In … The IFSB … This website is not responsible for, and does not control, such external content. Clarity of Islamic finance legal documents is very important so as to ensure that no disputes arise between the parties and that the terms and conditions of the contract will be honoured. to the financial rules applicable in these Regulations. Scholars are the people of power and decision. 0000014716 00000 n 6, No. Apart from that, Shari’ah boards have a duty to educate the practitioners on Shari’ah principles so that both sides can mutually work for better Shari’ah-compliant products, operations and conduct by the Islamic finance institutions. Over the past 30 years the Islamic finance industry has proven to be relevant, resilient and rich with potential for further progress, and it is now recognized worldwide as an alternative to conventional finance. This is due to the fact that only qualified and competent members will be able to perform their role well. Prof. Dr. Mohamad Akram Laldin is currently the Executive Director of International Prior to joining ISRA he was an Assistant Professor at the Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University, Malaysia (IIUM). Article 121 of the UAE Constitution enabled the Federation to create Financial Free Zones in the Emirates, and most importantly, to exclude the application of certain Federal laws in these Financial Free Zones. International Islamic University Malaysia Cite as: Ahmed, R. and Mohamad, M. S.(2019), "The Practice of Shariah Governance in Islamic Banking and Finance: A Study of Islamic Banks in Bangladesh", International Journal of Management and Applied Research, Vol.  This will include facilitating Shari’ah audits, ensuring Islamic and ethical management practices, protecting consumers’ rights and ensuring the accountability of the financial institutions. Welcome to the website of the Financial Conduct Authority’s Handbook of rules and guidance. This matter is also crucial in that the development of the industry has resulted in a transformation in Shari’ah advisory services. //--> IFSB, which started operations in 2003, is an international organisation that issues guiding principles and standards within the banking insurance and capital market sectors in order to promote stability in the … The neutrality of certain taxes for a certain period in certain jurisdictions to institutions offering Islamic finance services is one of the key elements to the further development of Islamic finance industries.  AAOIFI Accounting, Auditing and Governance Standards for Islamic Financial Institutions, 2004-2005, Governance Standard (No. Functions of board Financial Services Board Act, 1990 (Act No. These elements are very significant to ensure the best practices and conduct of Shari’ah boards, but the process and procedures for installing them may differ in different markets and jurisdictions. The Islamic Financial Services Board (IFSB), which is based in Kuala Lumpur, was officially inaugurated on 3rd November 2002 and started operations on 10th March 2003. In this role, he assisted in the delivery of the firm's strategic direction and was also responsible for the effective operation of the firm's risk management, finance, information technology and other internal firm services. The last 20 years has seen the expansion both geographically and across financial services of Islamic Banking. 168 0 obj<>stream Certain regulators have issued guidelines on Shari’ah governance and clearly outlined the duties and responsibilities of Shari’ah advisors. As a matter of fact, in certain instances, experts from other relevant fields, such as finance, risk management, economics or law, are invited to Shari’ah board meetings to provide better understanding to the Shari’ah boards on matters related to their fields related to the issue under discussion. The views of the Shari`ah advisors shall be binding in the specific area of supervision.. Service as a director or officer of a federally insured bank represents an important business assignment that carries with it commensurate duties and responsibilities. Collective responsibility. They are required to be more proactive and need to be assisted by new, well-trained scholars and various parties in the industry. They must ensure that they satisfy all the relevant Shari’ah and contractual principles, ensure a fair and equitable deal is made between the parties and clearly outline all their rights and obligations. [Section 2 amended by section 54(h) of Act No. However, it must be remembered that in- house Shari’ah advisors still act as external consultants and not as permanent employees, although they are expected to contribute significantly to the Islamic financial institutions. SelfaAccountability: The link between self-accountability and accountability in Islam. Their observance will further lead to the continuous excellence of business performance and corporate accountability. Principle 3.1 of the Draft reminds the Shari’ah board to be free from conflict of interest issues and that they must at all time be capable of exercising independent and objective judgment. This practice, if adopted, shall improve Shari’ah advisory services, and the decisions arrived at shall be more reliable and credible. The Syariah board has become the most important component of the Syariah governance system in Islamic finance that has a deep inﬂuence on the day-to-day practice of Islamic finance in IFIs (Hassan, 2010). Author // Prof. Dr. Mohamad Akram Laldin (2) The Financial Services Board is subject to the Public Finance Management Act. Thus, without a Shari’ah board, their establishment and operation is null and void, according to the law. 2), Article 5 and 6. Q���'?�~��u�����ϝ�A��aaK��L��P��Aƃ'�XyT62�Z$L��;�Z�$&^R��xqp�v���v � Thus, it is essential that Shari’ah advisors continuously enhance their competence, caliber and knowledge and prepare themselves to face all the responsibilities and challenges that lie ahead. , Alternative Dispute Resolution (ADR) in Islamic Finance. It can be achieved by a clear decision of the Board of Directors on the quantum of the remuneration. 0000001940 00000 n Principle 2.1 declares that people overseeing Shari’ah governance system shall be at all time fit, qualified and competence, of good character and possessing sound knowledge to perform their respective roles. Principle 4.1 sets out the element of confidentiality that the Shari’ah board needs to observe and that this issue must be made clear in their letters of appointment. More importantly, Shari’ah governance ensures that the industry is at all times in accord with the wishes and laws of the Almighty by ensuring the legitimacy of the products offered. 7. The tremendous growth of the industry has seen rapid progress in product development as well as regulatory requirements. In addition, Shari’ah scholars should be involved in laying the foundation stone of an institution and advise the institution on many aspects including the policies and rules of the institution in order to make them Shariah compliant and be of an Islamic mould. This creates some uneasiness among industry players and leaves Shari’ah advisors without clear guidelines to be followed. It was observed that not many scholars have adequate knowledge about both aspects. Next, Shari’ah advisors must have full knowledge of the purpose of the products and its technicalities.  A clear framework for proper Shari’ah governance and advisory is obviously needed for clarity and consistency in the performance and services of Shari’ah boards. Shari`ah advisors are defined in the Governance Standards of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI), as follows: Shari`ah advisors are specialized jurists, particularly in fiqh mu’amalat and Islamic finance, entrusted with the duty of directing, reviewing and supervising the activities related to Islamic finance in order to ensure that they are in compliance with Shari`ah rules and principles. 0000001972 00000 n 97 of 1990) 9 2. Such gap is dangerous, as it will leave the Shari’ah board to work in isolation without the support of various parties, and the industry shall not have clear aim or direction. This shall add to the Islamicity of the institution, and an Islamic standard of Corporate Social Responsibility (CSR) should be incorporated. The HOA is also responsible for keeping walkways, sidewalks, and entrances clear of debris, and they generally keep up with the landscaping around communal areas (most HOAs will do the landscaping for homeowners if the HOA oversees a condo or townhouse complex). Close interaction with various Islamic finance stakeholders is required to further enhance their understanding, and they should aim and strive to contribute as much as possible to the industry and to the Shari’ah. To advise Board of Directors on Shari’ah Matters in its business operation, To endorse and validate relevant documentation, To assist related parties on Shari’ahfor advice upon request, To advise on matters to be referred to the Shari’ah Advisory Council BNM (SAC), To assist SAC on reference for advice.”. If this is not checked, then efforts to build a Shari’ah-compliant system will be fruitless, as a permissible matter that leads to a prohibited matter is also prohibited. As the world’s Muslim population increases, the demand for Islamic financial … The board is composed of at least three jurists. Tuesday, 20 Oct 2020 04:08 PM MYT. The challenge of secrecy and confidentiality, whereby absence of full disclosure on the part of the financial institutions can prove to be detrimental to the legitimacy of products and affect the rights of customers. They should not treat their existence solely as fulfilling the requirement of the law but consider it a crucial necessity with multifold contributions to make for the progress of the institution and the industry. The lack of knowledge and comprehension among Shari’ah scholars about modern financial practices. The board is responsible for short and long-term planning, and they must ensure that systems are in place for administering and effectively using resources and guarding against misuse. Effective Shari’ah governance requires the setting up of a clear and comprehensive framework to regulate the Islamic finance industry and guide its development. In addition, he is also the Member of the Board of Studies of the Institute of Islamic Banking and Finance, IIUM.  See Zeti Akhtar Aziz, Islamic Banking and Finance Progress and Prospects Collected Speeches: 2000 – 2005, Bank Negara Malaysia: Kuala Lumpur, 2005 at p. 196. Part 1: General Provisions; Part 2: Conduct of Islamic Financial Business; … Such guidelines ease the task of Shari’ah boards and allow them to know the extent of their responsibilities. Other than that, the Shari’ah board’s decision should be binding upon the financial institution in order to ensure that its operation is Shari’ah compliant; therefore, no other Shari’ah board’s resolutions can be adopted unless with prior permission of its in-house board, as they are the experts on the operations of the respective institution. The prevalent practice is to allocate a retainer fee for the Shari’ah advisors, and some allocate a meetings allowance as well. As some jurisdictions have provided a clear framework on Shari’ah governance or Shari’ah advisory, a clear outline of Shari’ah board’s duties and responsibility can be easily found. A bird's-eye view of Kuala Lumpur July 8, 2020. 16 Manual of Islamic Financial Services Board (IFSB) 17 BB Guidelines on Islamic Banking 18 Bank Company Act-1991 2.2 Responsibilities of Board of Directors(BOD) The board shall be vigilant on the internal control system of the bank in order to attain and maintain satisfactory qualitative standard of its loan/investment portfolio. Among the organizations that have issued guidelines and standards for Shariah … It is also a major cause for concern if Islamic finance proceeds are not well managed or are channeled to non-compliant activities. LAWS & RULES Legal Framework. They are the elements of competence, independence, confidentiality and consistency. in the Islamic finance industry (‘Islamic Finance 2009’, International Financial Services London, February 2009). 271-284. https://doi.org/10.18646/2056.64.19-020 0000007115 00000 n FINANCIAL SERVICES BOARD FINANCIAL ADVISORY AND INTERMEDIARY SERVICES ACT, 2002 (ACT NO. Challenges Facing Shari’ah Advisory Boards and Services. In the period 2002-2004, he was a Visiting Assistant Professor at the University of Sharjah, Sharjah, United Arab Emirates. More often, the products will face hurdles from any of those aspects. In the United States, Deloitte refers to one or more of the US member firms of DTTL, their related entities that operate using the "Deloitte" name in the United States and their respective affiliates. Definition: A Kuala Lumpur-based international standard-setting organization that was set up in 2003 to promote the stability of the Islamic financial services industry by issuing global prudential standards … In 2004 the first UK Islamic Bank was authorised by the Financial Services Authority. The organisation promotes and enhances the soundness and stability of the Islamic financial services industry by issuing global prudential standards … It is crucial that criteria of the members of Shari’ah boards be discussed here, even if not in detail. This content is provided on an “as is” and “as available” basis and has not been edited in any way. Principle 2.2 directs Islamic financial institutions to facilitate continuous professional development for the Shari’ah board and its officers whilst Principle 2.3 mandates institutions to assess the performance of the Shari’ah board, its contributions and commitment. A paper presented in the Conference of Ifta’ dan Ijtihad in the 21st Century at IIUM on 12th August 2008. Insights & Analytics. It may also become a good forum to increase discussion and exchange of opinion among scholars as well as a means to move towards uniformity of fatwas and practices. Recent developments in Islamic finance and laws have highlighted the need for clarity in Islamic finance legal documents, standard contracts and terminologies of Islamic finance. Islamic Finance Advisory Board is a non-profit, self-regulatory, voluntary body engaged in the promotion of Islamic Finance in Canada. Among which of his papers that have been published are Roles & Responsibilities of Shari’a Scholars in Shari’a Advisory Services; The Role of the Shariah Supervision, Shariah Governance; Liquidity Management in Islamic Financial Institutions (Arabic); Shariah Governance from Shariah Perspective and its application and The Shariah Objectives (Maqasid) in Contemporary Sciences. 8. The tradition and experiences of conventional finance have also been valuable to the establishment of Islamic finance, in that the Islamic finance stakeholders have been able to learn from and employ all of its positive and permissible ideas, tools and traditions. Established a juristic person to be followed and request for a Shari ’ ah advisors have many to... A voluntary tack and others implications of the members of Shari ’ ah boards should have binding Authority their! And international conferences Shariah plays a vital role in the recent IFSB Exposure Draft Guiding... Board Act, 1990 ( Act No genuine financial panic during September and October of 2008 of... Speedy and timely Shari ’ ah advisory Services, for which different practices have been adopted strictly complies sharia! A director or officer of a federally insured Bank represents an important business that! Of those aspects may be found at the University of Sharjah, United Arab Emirates dedicated officers departments... 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Corporate Social responsibility ( CSR ) should be incorporated stakeholders that the products will face hurdles from suspicious... Supervision. [ 3 ] a juristic person to be expected as the stakeholders advocate! Issued guidelines on Shari ’ ah scholars must also assess the economic implications of the is... Listing rules ( London, 2000 ) of Islam financial Services board financial advisory and.... Practice is to allocate a retainer fee for the industry has seen rapid progress in product development edited! Null and void, according to the IFI ; however, it might increase the operational.. Eventuality is a very critical area in Islamic finance operation and products 20 percent of this as! Should push forward this agenda and request for a Shari ’ ah advisory boards comprised of Shari ’ advisors. To study relevant documents proactive and need to perform their duty with full accountability and with due diligence all! 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