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There are different Shariah governance structures adopted by Islamic Financial Institutions across the globe. Several approaches are identified such as the centralised approach, self-regulatory approach and other approaches. This research focuses on the practice of three countries that are Malaysia, Indonesia and Kuwait which adopted the centralised Shariah governance structure. Regardless of the similar countries' approach as regard to the centralized aspects of the Shariah governance, but there are some differences in their applications. Malaysia's central body on Shariah governance is the Shariah Advisory Council under the supervision of the Central Bank of Malaysia; but the central Shariah governance body in Indonesia is a non-government organization that is independent from the Central Bank. On the other hand, the Kuwait's central Shariah governance body is the Fatwa Board in the Ministry of Awqaf and Islamic Affairs which is a separate entity from the Central Bank of Kuwait.
Shari'ah board plays an essential role in shari'ah governance structure of Islamic banking and finance. This board is responsible to ensure that Islamic financial activities are shari'ah compliant. Basically, in establishing shari'ah governance structure, several approaches are identified to be adopted by different countries which include the centralised approach, self-regulatory approach and other approaches. However, this research will be focusing only on Malaysia, Indonesia and Kuwait which adopted the centralised approach in developing their shari'ah governance structure. The importance of shari'ah governance and its implementation in these three countries are also explored and discussed by the researcher. Malaysia requires the establishment of Shariah Advisory Council and Shariah Committee under the supervision of the Central Bank of Malaysia. On the other hand, the National Shariah Board in Indonesia is a non-government organisation which issues fatwa on shari'ah matters and the Sharia Supervisory Board is the term used for those scholars who are appointed in Islamic financial institutions. As for Kuwait, the final authority in deciding on matters relating to Islamic financial business is vested upon the Fatwa Board in the Ministry of Awqaf and Islamic Affairs which is a separate entity from the Central Bank of Kuwait. However, the Shariah Supervisory Board in Islamic banks is governed by the Central Bank of Kuwait. The research concluded that the shari'ah board is indeed significant to establish good shari'ah governance in Islamic financial institutions by practising shari'ah compliant activities in accordance with the shari'ah.
An in-depth and insightful study of Shari'ah governance from a theoretical and practical perspective. Shari'ah governance has a profound influence on the day-to-day practice of Islamic Financial Institutions (IFIs) and each jurisdiction has adopted a different approach to developing a governance framework. Hasan Zulkifli reviews these pluralistic approaches and identifies best practice. With examples, case studies and practical discussions based on IFIs in Malaysia, the GCC countries of Bahrain, UAE, Qatar, Kuwait and Saudi Arabia and the UK. Topics covered include; The theory behind corporate and Shari'ah governance; The regulatory framework for Shari'ah governance; Shari'ah governance approaches; The Shari'ah Board's role and how it retains its independence, transparency and competence; The operational procedures of Shari'ah governance; The effectiveness of the Shari'ah Board and how it could be improved
Research in Corporate and Shari'ah Governance in the Muslim World: Theory and Practice aims to address a critical disciplinary gap between Islamic theory and the practice of the corporate sector in the Muslim World. Adopting a critical approach, the book sheds light on the impact of corporate governance on the economies of the Muslim world.
Conventional banks are unlike Islamic banks. The distinguishing factor between conventional banks and Islamic banks is compliance with Shari' ah principles. Therefore there is a need for a mechanism that can monitor and ensure the compliance of Islamic banks with Shari' ah principles. Hence. Shari' ah governance has the potential to act as the requisite guiding mechanism. In view of the dearth of literature and specific studies on Shari' ah governance of Islamic banks in Indonesia, this study aims to explore the state of Shari' ah governance as practiced by Islamic banks in Indonesia, particularly in reference to the Shari' ah public bank (Bank Umum Syari'ah). This study proposes a comprehensive framework of Sharl'ah governance for Islamic banks in Indonesia. This study examines the existing Good Corporate Governance guidelines for Islamic banks in Indonesia, the Regulation of Central Bank of Indonesia (Peraturan Bank Indonesia) No. ll/33/PBI!200 2009 and Circulatory Letter (Surat Eadaran) 81 No.l2/13/DPbS 2010. This is done by looking at the comprehensiveness as well as the issues missing from the existing guidelines. A comparison is then ventured with standards issued by top leading organizations and country, namely IFSB (Islamic Financial Services Board), AAOIFI (Accounting and Auditing Organization for Islamic Financial Institutions) and BNM (Bank Negara Malaysia). In view of the relative dearth of available data and information on Shari' ah governance practices, structured and semi-structured interviews were conducted to obtain the real picture of Shari' ah governance practices in Indonesia. This study found that the existing guidelines are not sufficiently comprehensive. Additional elements such as risk management which oversees the Shari' ah non-compliance risk and Shari' ah audit must be integrated in the existing guidelines. However, the limitation of this research is that it only proposes the most comprehensive framework for Islamic banks in Indonesia. There is therefore a need for future research to ascertain the levels of implementation of the proposed framework.
Purpose - This paper aims to understand the current governance practices and governance structure of Islamic banks (IBs) in Gulf Cooperation Council (GCC) and Southeast Asia countries with the purpose of providing relevant information in guiding the future development of the governance system for IBs. As well, the paper discusses and compares the state of the governance system in GCC countries (Kuwait, Bahrain, United Arab Emirates, Qatar and Saudi Arabia) and Southeast Asia countries (Malaysia and Indonesia). Design/methodology/approach - The study utilizes descriptive analysis approach in extracting and analyzing data collected for 83 IBs observed for the period 2002-2011. The authors test for differences in means and medians of corporate governance attributes between a sample of IBs in GCC countries and another one for Southeast Asia countries. They use selected variables of corporate governance of different governance structures, namely, the ownership structure, the board of directors, the Shariah board and the CEO attributes. Findings - The paper findings argue that there are significant differences and divergence of corporate governance structure of IBs in GCC countries and those in Southeast Asia countries. This position acknowledges that there are shortcomings to the existing governance framework for IBs which needs further improvement and standardization. Practical implications - The paper is a very useful source of information that may provide relevant guidelines in guiding the future development of corporate governance of IBs. As well, the paper provides relevant guidelines for improving regulations and laws covering the governance of IBs. Originality/value - This paper provides fresh data and recent information on the actual corporate governance system in IBs in GCC and Southeast Asia countries. As well, the paper discusses a significant shortage in corporate governance literature of Islamic finance.
This book covers the recent literature concerning Islamic banking and finance (IBF), focuses on the history of IBF since its inception and introduces the latest innovative concepts and practices in the field. The authors cover important topics such as the role of ownership, Shari`ah compliance and governance structures in raising debt capital using IBF practices, including Fatwa issues and the use of benchmarking practices. The book also addresses topics like archival data, the influence of leverage on ownership structure, and sukuk structures, as well as misconceptions, threats, challenges and opportunities in IBF. Finally, the book deals with prominent issues such as business score-carding, Takāful (Islamic Insurance), IBF implications for block-chain-based fintech and finance hub concepts in Islamic microfinance models. This edited volume is an important contribution to the IBF literature as it provides a much-needed in-depth look into industry practices through the perspective of corporate finance and governance. With its interdisciplinary approach covering legal and financial issues along with a wide variety of notable contributors, this book will be a valuable reference guide to both teachers and students of Islamic banking and economics.
The development of Islamic banking and finance (IBF) previously centred around three regions of the world: the Middle East, Southeast Asia, and South Asia. However, in recent years, this has expanded, as interest in IBF has gained momentum in Australia, the USA, and Europe, especially in the UK. Several Western market players have established their own Islamic window or subsidiaries to cater to the need of growing Muslim populations in these regions. This book examines the recent developments in IBF, particularly in the context of Islamic social finance instruments, such as Islamic microfinance, halal education, takaful, mutual funds, and waqf. It covers the religiosity, spirituality, and tawhid index, which promotes social well-being and empowerment. The book is interdisciplinary, and theories, practice, and key issues are presented simultaneously, introducing new ideas and techniques to the IBF community. Moreover, the book examines topics such as innovation in Islamic social finance instruments, advanced techniques of risk mitigation in Islamic capital markets, marketing and the halal industry, and shari’ah-compliant instruments, which are critical to Islamic finance. The book is an essential reference text for academics and research students at the master’s and doctorate levels in IBF.
The SDN discusses the main policy issues and challenges in building an inclusive and safe Islamic finance industry, with emphasis on Islamic banking and Sukuk markets. To this end, it discuses why Islamic finance matters, taking into account its recent and prospective growth; and, its potential contributions in terms of financial inclusion, support for small- and medium-sized enterprises and investment in public infrastructure and, in principle, reduced systemic risk. It then covers a range of regulatory and other challenges, and offers policy advice, to address factors that hamper the development of the industry and, more generally, the delivery of its potential benefits. The paper covers regulatory and supervisory issues, safety nets and resolution frameworks, access to finance, Sukuk markets, and macroeconomic policies.