Shariah supervisory systems in Islamic finance institutions across the OIC member countries

2015 ◽  
Vol 23 (2) ◽  
pp. 135-160 ◽  
Author(s):  
Rihab Grassa
Keyword(s):  
Critical Review ◽  
Islamic Finance ◽  
Governance System ◽  
Member States ◽  
Content Type ◽  
Supervisory System ◽  
Finance Industry ◽  
Regulatory Frameworks ◽  
Shariah Governance ◽  
Supervisory Practices

Purpose – This paper aims to discuss the different practices and regulatory frameworks of Shariah supervision in Islamic Financial Institutions (IFIs) across Organisation of Islamic Cooperation (OIC) member states and to identify the gaps in current Shariah supervisory practices. Parallel with the rapid growth of Islamic finance worldwide, corporate governance has received a considerable amount of attention in Islamic finance. Shariah is a unique characteristic of Islamic finance. That is why the need for a good and efficient Shariah governance system for IFIs is considered to be a crucial requirement to ensure the development and the stability of the Islamic finance industry. Design/methodology/approach – The paper is based on critical review of current laws and regulations for IFIs; this provides a reflective synthesis on the practical work of the Shariah supervisory system across the 25 different OIC member states. Findings – The paper reveals several findings. First, the authors observe a weak and poor Shariah supervisory system in most OIC member states. Furthermore, the authors detect various gaps in the current Shariah supervisory practices. Most of these shortfalls are linked to the current regulatory frameworks: the roles and the responsibilities of the national Shariah authority, and the institutional Shariah board’s duties and attributes. Originality/value – This paper’s originality and value lies in its critical review of current Shariah supervisory practices across 25 OIC member states. Also, the paper puts forward various suggestions to the regulatory authorities and to the Islamic Financial Services Board to enhance the Shariah governance system and to standardize the different practices of Shariah governance worldwide.

scholarly journals The internal challenges facing Islamic finance industry

2016 ◽  
Vol 9 (2) ◽  
pp. 222-235 ◽  
Author(s):  
Abdulazeem Abozaid
Keyword(s):  
Product Development ◽  
Design Methodology ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Islamic Banks ◽  
Content Type ◽  
Banking And Finance ◽  
Finance Industry ◽  
Development Methodology ◽  
Shariah Governance

Purpose The paper aims to highlight the challenges facing Islamic finance industry and outline the prospectus of what constitutes a sound Islamic banking product in terms of both its Shariah control and product development methodology. Design/methodology/approach The paper analytically addresses the internal challenges facing Islamic finance industry by highlighting, first, the deficiencies in the existing Shariah supervisory work and, then, the deficiencies in the product development methodology followed in Islamic banks. Findings Islamic banking and finance is facing some internal challenges which require immediate action. Although facing the external challenges may be beyond the capacity of the industry players, Islamic banks have no excuse to overlook or turn a blind eye to their internal challenges which can be overcome by enacting Shariah governance for both products and Shariah control and reforming the methodology of product development. Originality/value This paper highlights an issue that has not received the needed attention, and it proposes the necessary solutions to the problems it identifies.

Institutionalizing social impact investing: implications for Islamic finance

2019 ◽  
Vol 46 (2) ◽  
pp. 226-240 ◽  
Author(s):  
Jeffrey Kappen ◽  
Matthew Mitchell ◽  
Kavilash Chawla
Keyword(s):  
Social Impact ◽  
Historical Analysis ◽  
Islamic Finance ◽  
Investment Strategies ◽  
The European Union ◽  
Impact Investing ◽  
Content Type ◽  
Finance Industry ◽  
Regulatory Frameworks ◽  
The Impact

PurposeThe purpose of this paper is to examine the institutionalization of screening and metrics in conventional finance and reflect upon the implications for Islamic finance.Design/methodology/approachThe study involves the analysis of archival data, interviews and fieldwork with current impact investors in North America and the European Union to trace the historical development of impact investing screening and metrics.FindingsFirst, the paper explores how conventional investors have applied positive and negative screens in the creation of their values/mission-based investment strategies. This is followed by a historical analysis of the development and implementation of impact metrics and regulatory frameworks that influenced the growth of conventional impact investing. The possible benefits of learning from these experiences for the Islamic finance industry are then considered. The paper concludes with an analysis of the potential value of mission/values-based investing for the economic development of the Middle East and North Africa region.Research limitations/implicationsThough not a comprehensive study of institutionalization, this study supports recent calls for more intentional use of capital for blended returns within Islamic markets. To support these initiatives, it provides scholars and practitioners with multiple recommended points of entry into this growing market.Originality/valueThere has been scant organizational research examining the development of best practices within the impact investment community and how these might be applied to other contexts such as Islamic finance.

Building trust in Islamic finance products and services

2017 ◽  
Vol 12 (3) ◽  
pp. 356-372 ◽  
Author(s):  
Syed Nazim Ali
Keyword(s):  
Financial Services ◽  
Islamic Finance ◽  
Illustrative Case ◽  
Content Type ◽  
Finance Industry ◽  
The Past ◽  
Building Trust ◽  
Central Tenet ◽  
Stake Holder ◽  
Perceived Impact

Purpose With the increasing instances of malfeasance and frauds coming to light in the financial services industry, trust has become a key concern for customers. Fortunately, in the case of Islamic Finance, trust is a central tenet, and its importance can be seen through the emphasis of Amanah or trustworthiness that should be present in every financial transaction. However, it has been argued that the principle of trust has not been truly realized in Islamic Finance, or that there are still issues of distrust regarding anything which is obtrusively branded as “Islamic”. In this paper, the author will analyze the reasons for gaps between the expectations and reality of the finance industry today by looking at the main factors contributing to distrust among the different stakeholders and the perceived impact of the distrust on the industry and the general public. It then focuses on the past and ongoing efforts by academia to bridge these gaps between the different stake holder groups with the help of illustrative case studies as well as recommends future steps to be taken to ensure a stronger foundation of trust within the Islamic Finance community.

The actualization of maqāṣid al-Sharīʿah in Islamic finance: a conceptual framework

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Abu Talib Mohammad Monawer ◽  
Noor Naemah Abdul Rahman ◽  
Ameen Ahmed Abdullah Qasem Al-‎Nahari ◽  
Luqman Haji Abdullah ◽  
Abdul Karim Ali ◽  
...  
Keyword(s):  
Conceptual Framework ◽  
Product Design ◽  
Qualitative Content Analysis ◽  
Group Discussion ◽  
Islamic Finance ◽  
Content Type ◽  
Finance Industry ◽  
Product Consumption ◽  
Islamic Financial Institutions ◽  
Comprehensive Framework

Purpose This paper aims to formulate a conceptual framework that will facilitate the actualization of maqāṣid al-Sharīʿah in product design and consumption within Islamic financial institutions (IFIs). Design/methodology/approach This paper relies on the classical and contemporary literature on maqāṣid al-Sharīʿah and Islamic finance and adopts a qualitative content analysis method and an inductive approach to outline the constituent elements that formulate the framework. Findings This study determines six vital constituents of maqāṣid al-Sharīʿah, namely, parameters of maqāṣid, particular objectives, appropriate means, micro provisions, level of need and legal maxims to develop a conceptual framework of actualizing maqāṣid al-Sharīʿah in Islamic finance. The framework covers the following three stages: identification of maqāṣid, operationalization of maqāṣid in product design and consumption based on maqāṣid. Research limitations/implications This paper proposes a conceptual framework without investigating the practice of any particular industry or products. Further research would focus on formulating a practical framework based on a focus group discussion with industry experts, elaborating the parameters of maqāṣid, scrutinizing the maqāṣid available in the literature by the parameters of maqāṣid and assessing the IFIs’ products and services using the proposed framework. Practical implications This paper provides insights into the importance of maqāṣid elements and the effects of overlooking them on IFIs and customers’ product consumption. Furthermore, a major implication of the proposed framework is to learn how to use the maqāṣid approach as the baseline for designing new financial products. Originality/value The novelty of this paper lies in its pioneering attempt of harmonizing all essential maqāṣid elements and using them as constituents to formulate a comprehensive framework that actualizes maqāṣid al-Sharīʿah in the Islamic finance industry.

Legal and Sharīʿah non-compliance risks in Nigerian Islamic finance industry: a review of the literature

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Zakariya Mustapha ◽  
Sherin Binti Kunhibava ◽  
Aishath Muneeza
Keyword(s):  
Content Analysis ◽  
Qualitative Methodology ◽  
Financial Institution ◽  
Relevant Literature ◽  
Forward Direction ◽  
Islamic Finance ◽  
Content Type ◽  
Finance Industry ◽  
The Impact ◽  
Research Studies

Purpose The purpose of this paper is to review the literature on Islamic finance vis-à-vis legal and Sharīʿah non-compliance risks in its transactions and judicial dispute resolution in Nigeria. This is with a view to putting forward direction for future studies on the duo of legal and Sharīʿah non-compliance risks and their impact in Islamic finance. Design/methodology/approach This review is designed as an exploratory study and qualitative methodology is used in examining relevant literature comprising of primary and secondary data while identifying legal risk and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. Using the doctrinal approach together with content analysis, relevant Nigerian laws and judicial precedents applicable to Islamic finance practice and related publications were examined in determining the identified risks. Findings Undeveloped laws, the uncertainty of Sharīʿah governance and enforceability issues are identified as legal gaps for Islamic finance under the Nigerian legal system. The gaps are inimical to and undermine investor confidence in Nigeria’s Islamic finance industry. The review reveals the necessity of tailor-made Sharīʿah-based regulations in addition to corresponding governance and oversight for a legally safe and Sharīʿah-compliant Islamic finance practice. It brings to light the imperative for mitigating the legal and Sharīʿah non-compliance risks associated with Islamic finance operations as crucial for Islamic finance businesses, Islamic finance institutions and their sustainable development. Research limitations/implications Based on content analysis, the review is wholly doctrinal and does not involve empirical data. Legal safety and Sharīʿah compliance are not to be compromised in Islamic finance operations. The review would assist relevant regulators and investors in Islamic financial enterprises to understand and determine the impact and potential ramifications of legal safety and Sharīʿah non-compliance on Islamic Finance Institutions. Practical implications This study provides an insight into the dimensions and ramifications of legal and Sharīʿah non-compliance risks of Nigeria’s Islamic finance industry. This study is premised on the imperative for research studies whose outcome would inform regulations that strike a balance between establishing Islamic financial institution/business and ensuring legal certainty and Sharīʿah compliance of their operations. This study paves way for this kind of research studies. Originality/value The findings and discussions provide a guide for regulators and researchers on the identification and mitigation of legal and Sharīʿah non-compliance risks in Islamic finance via a literature review. This study, the first of its kind in Nigeria, advances the idea that research into legal and Sharīʿah non-compliance risks of Islamic financial entities is key to mitigating the risks and fostering the entities and their businesses.

scholarly journals Sale with the temporary exclusion of usufruct

2018 ◽  
Vol 10 (1) ◽  
pp. 85-93
Author(s):  
Abdulbari Mashal ◽  
Amer Hajal ◽  
Om Kalthoum Majoul ◽  
Mir Riaz Ansary
Keyword(s):  
Design Methodology ◽  
Islamic Law ◽  
Added Value ◽  
Islamic Finance ◽  
Content Type ◽  
Finance Industry ◽  
Market Rate ◽  
Islamic Jurisprudence ◽  
Finance House ◽  
Associated Risk Factors

Purpose This paper aims to investigate sale with the temporary exclusion of usufruct, a format debated in classical Islamic jurisprudence. More specifically, it examines the application of this sale format in the diminishing partnership arrangement used by American Finance House LARIBA to finance house purchases. It analyzes the Sharīʿah issues and assesses the risks involved. Design/methodology/approach The research is qualitative, surveying and critically analyzing classical fiqh literature and contemporary juristic resolutions, as well as LARIBA’s financing documents. Finally, it systematically surveys the associated risk factors, first qualitatively, and then by quantifying them. Findings The research concludes that sale with the temporary exclusion of usufruct is a valid contract in Islamic law. When the usufruct is priced at market rate, the financing arrangement is genuinely Islamic and brings added value. Moreover, it is very effective in addressing risks for Islamic banks, particularly in countries with legal systems not designed to accommodate Islamic finance. Originality/value This study systematically examines all aspects of a contract that has not received sufficient academic attention, that has been underutilized by the Islamic finance industry and that is more fitting for implementation than many of the contracts currently being used.

Exploring novel Islamic finance methods in support of OIC exports

2016 ◽  
Vol 7 (2) ◽  
pp. 78-92 ◽  
Author(s):  
Ahmet Suayb Gundogdu
Keyword(s):  
Risk Management ◽  
Critical Realism ◽  
Financial Institution ◽  
Islamic Finance ◽  
Export Credit ◽  
Trade Finance ◽  
Content Type ◽  
Existing Structures ◽  
Finance Industry ◽  
Credit Agency

Purpose This paper aims to propose a new Islamic trade finance framework for Islamic financial institution (FIs) to support exports in Organisation of Islamic Co-operation (OIC) countries. Design Methodology Approach: This paper introduces and proposes the recently developed Islamic finance methods of the supplier financing Wakala agreement, restricted Mudaraba and award-winning Export Credit Agency (ECA) export finance structures from the aspects of Shari’ah compliance, efficiency, simplicity for traders and risk management. This paper uses the approach of critical realism. The three-stratum approach is appropriate for Islamic product development, where the real, the actual and the empirical can be observed. Findings: The author argues that the ECA export financing structures, or restricted Mudaraba if preferred, with an embedded supplier financing Wakala agreement can pave the way for Islamic FIs to support exporting companies. It is also concluded that development and support of the Takaful industry are vital for the success of Islamic export financing schemes because of its role in risk management. Originality Value: Although very active in import financing with standard Murabaha contracts, Islamic FIs are still not able to meet the need for financing the expanding exports of OIC countries. Because of the difficulty in developing products that are both efficient and Shari’ah-compliant, export financing is the most controversial issue for the Islamic trade finance industry. Existing or proposed export finance products are heavily criticised by concerned Muslims, as they include bill discounting, akin to factoring in conventional finance. This paper introduces methods aimed at overcoming the inadequacy of existing structures.

scholarly journals Islamic Finance in The Digital World: Opportunities and Challenges (Kewangan Islam dalam Dunia Digital: Peluang dan Cabaran)

2019 ◽  
Vol 16 (3) ◽  
pp. 283-299
Author(s):  
Mohamad Akram Laldin ◽  
Fares Djafri
Keyword(s):  
Secondary Data ◽  
Inductive Method ◽  
Islamic Finance ◽  
Financial Industry ◽  
Finance Industry ◽  
Left Behind ◽  
Digital World ◽  
Innovation And Technology ◽  
Shariah Governance ◽  
The Relationship

Islamic finance has grown considerably over the last four decades and has a global reach. It is considered one of the fastest-growing segments of the global financial industry. One of the biggest challenges for Islamic finance in the next decade is on financial technology (Known as Fintech). In the digital world, traditional financial practice will be left behind. This paper examines the phenomenon of financial innovation and technology in Islamic finance. The research adopts a qualitative approach employing the inductive method to trace primary and secondary data on the topic and the descriptive method to describe the emergence of fintech in the Islamic finance industry. The study found that all financial innovations are generally welcomed and can be considered as benefits (Maslahah) to the customers and to the whole financial industry. Innovations in fintech become impermissible only if there is clear evidence from the Shariah that they are against the basic rules of the Shariah. The study also highlights the relationship between fintech and Shariah compliance and suggested to have a proper Shariah governance framework in order to ensure the operation of fintech is in total compliance with Shariah. Besides that, authorities and regulators are required to develop Shariah standards that would explicitly spell out the requirement of Shariah that are fundamental to fintech operations and practices. Keywords: Innovation, Fintech, Digital World, Shariah Compliance, Islamic Finance. Abstrak Kewangan Islam telah berkembang dengan pesat sejak empat dekad yang lalu dan telah menjangkau capaian global. Ia merupakan salah satu segmen dalam industri kewangan global yang paling pantas berkembang. Salah satu cabaran terbesar bagi kewangan Islam sepuluh tahun akan datang adalah teknologi kewangan (dikenali sebagai Fintech). Pada era digital, amalan kewangan yang tradisional tidak akan lagi diguna pakai. Kajian ini menyelidik fenomena yang tercetus daripada inovasi kewangan dan teknologi dalam kewangan Islam serta parameter Syariah yang berkaitan. Pendekatan yang digunakan dalam penyelidikan ini bersifat kualitatif dengan mengaplikasi dua kaedah. Kaedah yang pertama ialah kaedah induktif yang digunakan untuk mengesan data primer dan sekunder yang berkaitan dengan topik dan kaedah kedua ialah kaedah deskriptif bagi menggambarkan kehadiran Fintech dalam industri kewangan Islam. Hasil kajian mendapati bahawa inovasi kewangan pada umumnya adalah digalakkan dan merupakan suatu maslahat kepada para pelanggan dan kepada keseluruhan industri kewangan. Hukum inovasi atau penciptaan sesuatu yang baru dalam Fintech akan berubah menjadi haram hanya apabila terdapat bukti jelas daripada Syariah yang menunjukkan ianya bertentangan dengan peraturan asas Shariah. Kajian ini juga mempamerkan hubungan antara Fintech dan pematuhan Syariah dan mencadangkan agar sebuah rangka kerja tadbir urus Syariah dibentuk bagi memastikan operasi Fintech adalah sepenuhnya mematuhi Syariah. Di samping itu, pihak berkuasa dan pentadbir disarankan agar mewujudkan satu piawaian Syariah yang menggariskan syarat-syarat penting dalam aspek pengoperasian dan amalan Fintech. Kata kunci: Inovasi, Fintech, Dunia Digital, Pematuhan Syariah, Kewangan Islam.

Efforts to standardise Islamic finance will struggle

2017 ◽  
Keyword(s):  
Credit Markets ◽  
Gulf Cooperation Council ◽  
Islamic Finance ◽  
Content Type ◽  
Finance Industry ◽  
Regulatory Models

Significance The case highlights the dangers ‘Sharia risk’ poses for the 2-trillion-dollar Islamic finance industry. The issue is compounded by the variety of models of Sharia governance that exist across jurisdictions. Impacts The resolution of the Dana Gas case will take time, but its overall impact on the Islamic finance industry will be limited. The Gulf Cooperation Council (GCC) is moving towards more centralised Sharia governance, but faces obstacles. Even in centralised systems, heterogeneity of regulatory models is likely to persist. Difficult questions of jurisdiction and enforcement would not be addressed by a shift to more centralised national Sharia governance. The Sharia approach is already powerful in Gulf banking, but the Dana Gas case could set back its progress in credit markets.

scholarly journals Comparative Analysis on Shariah Governance in Malaysia: SGF 2010, IFSA 2013 and SGPD 2019

2020 ◽  
Vol 10 (1) ◽  
pp. 110 ◽  
Author(s):  
Muhammad Iqmal Hisham Kamaruddin ◽  
Mustafa Mohd Hanefah ◽  
Zurina Shafii ◽  
Supiah Salleh ◽  
Nurazalia Zakaria
Keyword(s):  
Comparative Analysis ◽  
Financial Institutions ◽  
Financial Services ◽  
Islamic Finance ◽  
Policy Document ◽  
Finance Industry ◽  
The World ◽  
Governance Practices ◽  
Islamic Financial Institutions ◽  
Shariah Governance

The main focus of shariah governance for an organization is to ensure that it is comply with shariah laws and regulations. Under Islamic finance industry, shariah governance is being given attention due to rapid growth of this industry in the world. For Malaysia, the authority through Bank Negara Malaysia (BNM) have taken a proactive role by introducing shariah governance guidelines including the Shariah Governance Framework (SGF) 2010, the Islamic Financial Services Act (IFSA) 2013 and the latest is the Shariah Governance Policy Document (SGPD) 2019. These shariah governance guidelines are supposed to support the development of shariah governance practices especially by Islamic Financial Institutions (IFIs) in Malaysia. However, there is limited to none study conducted to compare these guidelines. These shariah governance guidelines is necessary to be compared in order to find out whether these guidelines are complemented each other and to identify any differences among these guidelines. Therefore, the aim of this study is to compare between these shariah governance guidelines. Based on the analysis, it has been found that SGPD 2019 is the most comprehensive covers on shariah governance as compared to IFSA 2013 and SGF 2010. However, these three guidelines still not become comprehensive enough, as there is still limited to none discussion on the definition and objectives of shariah governance itself.

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