Shortcomings and proposed reforms in the existing shariah governance of islamic banking

Abdulazeem Abozaid

Abstract


Since its inception a few decades ago, the Islamic banking and finance industry has been self-regulated with regards to Shariah governance. Despite the existence of certain regulatory authorities from within the industry, such as Accounting and Auditing for Islamic Financial Institutions (AAOIFI) and Islamic Financial Services Board (IFSB), none of their resolutions or standards are effectively binding. Few countries have enforced some rules related to Shariah-governance. Still, in most cases, these rules did not go beyond the requirement of formulating Shariah controlling bodies, which is practically left to the banks themselves. Islamic banks are almost left to choose or dismiss their Shariah controllers, and no clear criteria are set by any authority to ascertain the proper qualifications of the Shariah controllers. Moreover, some of the Shariah standards and fatwas are found to conflict with the established resolutions issued by Fiqh academies. These matter point to the deficiencies in the existing Shariah governance and hence the need to address them.


Keywords


AAOIFI; Islamic banking; Shariah governance; Shariah Board; Shariah supervision

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References


Abozaid, A. (2004). Fiqh Al-Riba. Beirut: Maktab Al-Risalah.

Abozaid, A. (2010). Contemporary Islamic Financing Modes between Contract Technicalities and Shariah Objectives. Islamic Economic Studies, 17(2).

Abozaid, A. (2012). Examining the Shariah Parameters Set for Tolerating the Haram if mixed with the Halal. Al-Tajdid Journal. International Islamic Univeristy Malaysia, 15, 31.

Abozaid, A. (2014). Shari’ah and Maqasid analysis of financial derivatives. Journal of King Abdulaziz University, Islamic Economics, 27(3), 3–44.

Al-Dasouqi, M. (2017). Survey on shariah compliance of banks. Doha Qatar.

Al-Dasouqi, M. (2019). Perceived Impact of self-regulation on the credibility of Islamic banks. Doha, Qatar.

Al–Sarkhasi, S. (1987). Al–Mabsoot. Beirut: Dar Ihya al-Turath al-Arabi.

Aljarhi, M. (2009). Doctors of law needed to take Islamic finance forward. Retrieved from [Emirates24/7]. website: ttp://www.emirates247.com/eb247/banking-finance/islamic-finance/doctors-of-law-needed-to-take-islamic-finance-forward-2009-06-21-1.34117

IFSB. (2009). Guiding principles on Shariah governance systems for institutions offering Islamic financial services. IFSB Kuala Lumpur, Malaysia.




DOI: https://doi.org/10.18326/ijier.v2i1.3638

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