Toward Understanding Islamic Corporate Governance Issues in Islamic Finance

2010 ◽  
Vol 2 (1) ◽  
pp. 25-38 ◽  
Author(s):  
Maria Bhatti ◽  
M. Ishaq Bhatti
2013 ◽  
Vol 4 (2) ◽  
pp. 199
Author(s):  
Syafrudin Arif marah Manunggal

The Good Corporate Governance (GCG) facing challenges to Islamic banks nowadays not only in Indonesia but also in the entire world. GCG is necessary to the Islamic banks due to significance of the stakeholders trust towards Islamic banks its self. But in practice, the GCG could serve as an obligatory and formal instrument for delivering transparant public financial reports of the Islamic banks. In avoiding its shortage of application, Islamic finance management gives guide for encountering the formalistic condition of the GCG of the Islamic banks. For the GCG and the Islamic financial management both are very important, this paper discusses a likely convergence between both principle. Finally, the GCG has to be applied by guiding the Islamic financial management. The Islamic financial management is something to do with weather the religious normative assumptions and social economic ones.


2019 ◽  
pp. 1-17
Author(s):  
Zulkifli Hasan

This paper argues that while significant concerns have been invoked on the material aspects of Islamic finance such as financial growth and products sophistication, it is nevertheless observed that equal emphasizes have not been given on social objectives of Islamic Financial Institutions (IFIs) as part of its value-oriented frameworks. In the absence of extensive discourse on corporate governance and its roles on CSR, this paper attempts to highlight the importance of corporate governance in stimulating the social function of IFIs within the Islamic ethical dimension paradigm. This paper aims at expanding the normative objective function of IFIs by advocating corporate social responsibility (CSR) via strengthening the corporate governance framework. Unlike the western concept of corporate governance, which is based on the western business morality that derived from “secular humanist”, this paper suggests that corporate governance in IFIs is founded on the epistemological aspect of Tawhid, Shari’ah and ethics. This paper employs theoretical and case study research method to develop understanding and to advocate the notion of value oriented Islamic finance practices. The study utilizes descriptive, comparative and critical analysis approaches in extracting and analyzing the information.


Author(s):  
Idris Gautama So ◽  
Hasnah Haron ◽  
Anderes Gui ◽  
Elfindah Princes ◽  
Synthia Atas Sari

The role of Islam as a driving force behind greater transparency of sustainability practices (Andri, Suryanto, Ghofur, & Anggraeni, 2020), especially during the digitalization era where all information is easily accessed. Following the Great Recession of 2008, many people sought an antidote to the economy, and Islamic Finance received much attention. Islamic corporate governance is one of the critical areas that has received a lot of attention because it is a tool for steering the economy (Alam Choudhury & Nurul Alam, 2013; A. A. Jan, Lai, & Tahir, 2021; Murphy & Smolarski, 2020; Siswanti, Salim, Sukoharsono, & Aisjah, 2017). Concerning Islamic corporate governance, the questions were answered differently in three layers approaches: 'decision making by consultation (shura'), 'decision making for which end in Allah through the institution of hisba and muhtasib to ensure Shari'a law compliance,' and 'accountability to Allah as human trustee to resources given through religious audit.'


2018 ◽  
Vol 26 (3) ◽  
pp. 406-424 ◽  
Author(s):  
Salah Alhammadi ◽  
Simon Archer ◽  
Carol Padgett ◽  
Rifaat Ahmed Abdel Karim

Purpose The purpose of this paper is to examine the practices of Islamic banks in managing the so-called profit sharing investment accounts (PSIA) which they offer as a Shari’ah-compliant alternative to interest-bearing deposit accounts using an unrestricted Mudarabah contract. In particular, the paper aims to examine the risk-return characteristics of such accounts and to compare these to the returns and risks of shareholders in the same banks. It is relevant that PSIA holders (unrestricted investment account holders – UIAH) are exposed to losses on the assets in which their deposits are invested, while the bank as asset manager (Mudarib) does not bear these losses and as Mudarib typically receives more than 50 per cent of the profits earned on the PSIA. The issue is whether the UIAH are being treated equitably. The influence of a set of corporate governance variables on this issue was also analyzed. Design/methodology/approach A sample of 28 Islamic banks was selected from five countries for the period 2002-2013, with data being obtained from Bankscope and Bloomberg and, where necessary, from the banks’ annual reports. First, the risk-return characteristics of the UIAHs’ rates of return and shareholders’ rates of return on equity (ROE) were compared by calculating for each bank the coefficients of variation (CV) of the two series of rates of return. Second, a panel data approach was used to evaluate the effectiveness of corporate governance by examining the extent to which the size of the difference between the rates of return for shareholders and for UIAH was associated with a set of corporate governance variables. Third, a comparison was made between the risk-return characteristics of UIAH’s rates of return and shareholders’ dividend yield rate for a sub-sample of 20 banks for which the information was available. Findings For a significant proportion of the banks (9 out of 28), the CVs of the PSIA returns were higher than those of the shareholders’ ROEs, which suggested that in these cases the PSIA holders were receiving inequitable treatment. Likewise, for 7 out of the 20 banks in the sub-sample, the CVs of the PSIA holders’ rates of return were higher than those of the shareholders’ dividend yield rate. In explaining the size of the differences between the rates of return on PSIA and the shareholders’ ROEs, the variable with the greatest explanatory power was the return on assets, implying that when this was high the bank took a maximum Mudarib share of profits. Some other corporate governance variables had the expected signs, as did a country dummy representing the maturity of the market for Islamic banking, but there was little evidence of the effectiveness of corporate governance in protecting the interests of the UIAH. Research limitations/implications A limitation of the research was that the inefficiency of the stock markets in the relevant countries and the fact that a few of the banks were not listed made it impossible to use shareholders’ stock market returns. ROE is not a very good proxy, as it is unclear how much value should be placed on retained earnings. Dividend yield rates provide a better comparison with UIAH rates of return, but the data were available for only 20 of the banks. Nevertheless, the results of the analysis strongly suggest that in a significant proportion of cases, UIAH are not being treated equitably. Practical implications The implication is that the regulation of Islamic banks needs to be improved to provide better protection to UIAH. Social implications Islamic banks operate mainly in emerging markets where the effectiveness of regulation is limited. The ethical basis of Islamic finance provides some mitigation of this problem but apparently fails to do so in a significant proportion of cases. This should be borne in mind when assertions are made about the ethical basis of Islamic finance. Originality/value There is a dearth of empirical studies of the practices of Islamic banks and in particular of their treatment of their customers. This is because of various factors: the relative novelty of Islamic finance, the paucity of data and the relatively small size of the body of researchers in the field. This paper aims to contribute to filling this gap.


ICR Journal ◽  
2015 ◽  
Vol 6 (3) ◽  
pp. 353-370
Author(s):  
Mohammad Abdullah

The global cumulative waqf assets have been estimated to be worth $105 billion. Though, this estimation is not based on exact data, it reflects only a glimpse of what the institution of waqf may entail in the process of and struggle for socio-economic upliftment of the ummah. However, despite possessing the potential of improving society, a substantial proportion of total awqaf is still lying dormant across the world. In modern day economy, waqf has taken a new trajectory, both as a product and as an institution/legal entity, especially in the Islamic finance industry. Consequently, this scenario automatically demands that the institution be fairly regulated and closely monitored. However, not much has been written in the corporate governance area of waqf. This article has three aims: firstly, to briefly examine the salient features of waqf from the perspective of fiqh al-awqaf, secondly, to explore the evolution of the fiqh al-awqaf in the light of waqf being metamorphosed into a corporation-like entity, and finally, to propose the possibilities of how a corporate governance model can be developed for the institution based on the existing waqf rulings and modern regulatory guidelines.


2012 ◽  
Vol 12 (1) ◽  
Author(s):  
Renny Supriyatni

Abstract: The Responsibilities of Shariah Banking in the application of Prudential Principles and Good Corporate Governance. A Bank’s functions as an intermediary institution is interesting in relation to the importance of responsibilities to customers in applying the principles of Good Corporate Governance (GCG). The application of the principle of prudence and good corporate governance in shariah banking is useful in minimizing risks that may arise from moral hazards and avoid transactions in money laundering. The responsibility of shariah banks in the distribution of Islamic finance is basically just a little different from its application in commercial banks, caused by differences between systems that are applied by conventional banks with a shariah system which directly impact on the rules used and structures of shariah banks.Keywords: Shariah banks, principle of prudence, good governance, principles of shariahAbstrak: Tanggung Jawab Bank Syariah dalam Penerapan Prinsip Kehati-hatian dan Good Corporate Governance. Fungsi bank sebagai lembaga intermediasi menarik dalam kaitannya dengan pentingnya tanggung jawab bagi pihak nasabah dengan menerapkan prinsip Good Corporate Governance (GCG). Penerapan prinsip kehati-hatian dan Good Corporate Governance dalam Pembiayaan syariah berguna untuk meminimalisasi risiko yang mungkin timbul dari moral hazard dan menghindari transaksi yang bersifat money laundering. Tanggung jawab bank syariah dalam penyaluran pembiayaan syariah pada dasarnya hanya sedikit berbeda dengan penerapannya pada bank umum, dikarenakan adanya perbedaan antara sistem yang diterapkan oleh bank konvensional dengan sistem syariah yang secara langsung berdampak kepada aturan yang dipakai dan struktur dari bank syariah.Kata Kunci: bank syariah, prinsip kehati-hatian, tata kelola yang baik, prinsip syariahDOI: 10.15408/ajis.v12i1.985


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