Dr. Aznan Hasan, International Islamic University Malaysia

Similar documents
OPTIMAL SHARIAH GOVERNANCE IN ISLAMIC FINANCE

4th ICIB Ministry of Planning Development & Reform Conference Secretariat: Mr. Ikram Ullah Khan Mr. Ehtesham Rashid

Regulatory Framework of Shariah Governance. Zulkifli Hasan, PhD

ENHANCING SHARIAH COMPLIANCE OF ISLAMIC FINANCIAL INSTITUTIONS THROUGH SHARIAH GOVERNANCE

EMPIRICAL STUDY ON THE UNDERSTANDING OF SHARIAH REVIEW BY ISLAMIC BANKS IN MALAYSIA

FederationofMalysia EDICTOFGOVERNMENT±

Legal Aspects of Islamic Finance LCA4592 DR. ZULKIFLI HASAN

Shariah Audit of Financial Institutions. August 26th - 27th, 2016 Lahore - Pakistan

Shariah Governance. Zulkifli Hasan, PhD

SHARIAH GOVERNANCE IN ISLAMIC FINANCE: THE EFFECTS OF THE ISLAMIC FINANCIAL SERVICES ACT 2013

Overview of Islamic Banking & Islamic Finance in Morocco. Dr. Ahmed TAHIRI JOUTI

Regulatory Framework on Sharia-based Fintech: Current Issues

Empowering the Shari ah Committee towards Strengthening Shari ah Governance Practices in Islamic Financial Institutions

DISTANCE LEARNING PROGRAM, IRTI ISLAMIC DEVELOPMENT BANK, JEDDAH

SHARIAH GOVERNANCE FOR ISLAMIC DEPOSIT INSURANCE SYSTEMS

MIFP MASTERS IN ISLAMIC FINANCE PRACTICE

The Practice of Shariah Review as Undertaken by Islamic Banking Sector in Malaysia

SHARIAH GOVERNANCE FRAMEWORK: THE ROLES OF SHARIAH REVIEW AND SHARIAH AUDITING

Some Higher Education Issues in Muslim Countries with Islamic Economics as an Illustrative Case

Diploma in Islamic Finance

THE ROLE OF CENTRAL BANK OF MALAYSIA IN DEVELOPING MALAYSIA'S ISLAMIC FINANCIAL INDUSTRY

Zurina Shafii Ahmad Zainal Abidin Supiah Salleh

4th ICIB Ministry of Planning Development & Reform Conference Secretariat: Mr. Ikram Ullah Khan Mr. Ehtesham Rashid

Mr. Tahir Khurshid Head Of Audit & Inspection Group Bank Alfalah Limited

THE PRACTICE OF TAKĀFUL BENEFIT (NOMINATION) IN THE CONTEXT OF IFSA 2013: A CRITICAL APPRAISAL

ISLAMIC FINANCE PROGRAMMES

SHARIAH NON COMPLIANCE RISK PDF

GROWING DEMAND FOR TALENT IN ISLAMIC FINANCE

Dr. Mohamad Akram Laldin Executive Director International Shari`ah Research Academy for Islamic Finance Kuala Lumpur Malaysia

ISLAMIC BANKING & FINANCE INSTITUTE MALAYSIA

SHARIAH GOVERNANCE FRAMEWORK OF ISLAMIC BANKS IN BANGLADESH: PRACTICES, PROBLEMS AND RECOMMENDATIONS

GOVERNMENT OF PAKISTAN SECURITIES AND EXCHANGE COMMISSION OF PAKISTAN CHAPTER I PRELIMINARY

Mohammad bin Ibrahim: Islamic finance and Malaysia s role

SHARIAH AUDIT & SHARIAH NON-COMPLIANCE REPORTING FOR ISLAMIC FINANCIAL INSTITUTIONS

Sharī ah Audit and Supervision in Sharī ah Governance Framework: Exploratory Study of Islamic Banks in Pakistan 1

Islamic Finance Amendments Rules 2012

Structure Development for Microfinance Institute. Islamic Microfinance Product Development. Training & Capacity Building. Shariah Audit & Review

SHARIAH AUDIT AND REVIEW FOR ISLAMIC FINANCIAL INSTITTUTION

The AEG is requested to: Provide guidance on the recommendations presented in paragraphs of the issues paper.

Call for Papers WORLD ISLAMIC FINANCE FORUM (WIFF) Innovation, Fintech and Regulation. Expanding Islamic Finance Footprint: CEIF

The CIMA qualifications in Islamic Finance. A different perspective on global business

Shariah Audit Certification Contents: Views of Regulators, Shariah Committee, Shariah Reviewers and Undergraduate Students

Muhammad bin Ibrahim: The polemics of governing law in Islamic finance recent developments and the way forward

للصناعة المالية اإلسالمية

SHARIAH NON-COMPLIANT RISK MANAGEMENT FOR ISLAMIC FINANCIAL INSTITUTIONS

TRAINING PROGRAMME REGULATORY AND COMPLIANCE FRAMEWORK IN ISLAMIC FINANCE UNDER IFSA 2013

The Islamic Finance Qualification (IFQ) expands upon knowledge gained from the Fundamentals of Islamic Banking and Finance.

ww.fidfinvest.com Islamic Finance an Introduction

Al-Hisbah in Islamic Finance

PROCESS AND PROCEDURES

First International Conference on Economics and Banking (ICEB-15)

Contracts and Transactions under Islamic Law

Setting Standards for Shariah Application in the Islamic Financial Industry

manah Institute of Islamic Finance and Economics Learn at Your Pace, Anytime, Anywhere

Shari ah Rulings in Islamic Finance and the Challenge of Shar ah Talents in Nigeria. Ibrahim Muhammad Ahmad

CERTIFICATE IN ISLAMIC BANKING AND FINANCE

Ways to Attract Islamic Compliant Investors to Funds and Products. Jonathan Lawrence 27 June 2012

SHARIAH REQUIREMENTS AND ARRANGEMENTS FOR ISLAMIC FINANCIAL PRODUCTS & FEATURES

Analysis of Minor Proposals outside the Mainstream Islamic Finance in Pakistan

CENTRAL SHARIAH BOARD ( CSB ) CHALLENGES, PRACTICALITIES AND CASE STUDIES

Worksheet for Preliminary Self-Review Under WCEA Catholic Identity Standards

Challenges in Islamic Finance

The Role of Internal Auditing in Ensuring Governance in Islamic Financial Institutions (IFIS) 1

10648NAT Diploma of Ministry (Insert Stream)

DIOCESE OF ORLANDO JOB DESCRIPTION

4th ICIB Ministry of Planning Development & Reform Conference Secretariat: Mr. Ikram Ullah Khan Mr. Ehtesham Rashid

Serving Muslim Clients. A very brief introduction to Islamic Finance

QUALIFICATIONS AND RESPONSIBILITIES ADMINISTRATIVE COMMITTEE

SHARIAH REQUIREMENTS AND ARRANGEMENT FOR ISLAMIC FINANCIAL PRODUCTS & FEATURES

The relationship between Shari ah Supervisory Board and Zakat disclosure among Islamic banks in Malaysia

Payment Card Industry (PCI) Qualified Integrators and Resellers

UNDERSTANDING THE SHARI AH PRINCIPLES OF INVESTMENT & WEALTH GENERATIONS

SHARIAH GOVERNANCE & SHARIAH COMPLIANCE CULTURE FOR ISLAMIC FINANCIAL INSTITUTIONS

List of Figures. List of Tables. Acknowledgements. About the Author. About the Website

RECOVERY & DISPUTE RESOLUTION FOR ISLAMIC FINANCE FACILITIES

Perception of Individual Consumers toward Islamic Banking Products and Services in Pakistan

23 September, 2017, Manila - Philippine

ISLAMIC AND NON-ISLAMIC FINANCE IN CONTEMPORARY PERSPECTIVE

Sharia Governance Practices at Islamic Banks in Bahrain From Islamic Bankers Perspective

Mutual Funds in India - Potential for Islamic Versions

KEY PILLAR OF GOVERNANCE FOR ISLAMIC FINANCE

PRACTICAL IMPLEMENTATION OF SHARIAH AUDIT

Non-Muslim Perception on Islamic Banking Products and Services in Malaysia

LEGAL, DOCUMENTATION AND SHARIAH RISK IN ISLAMIC BANKING AND FINANCE

MODERN TRENDS OF ECONOMIC DEVELOPMENT ALTERNATIVE BANKING SYSTEM FOR MUSLIM STATES MALAYSIA SHOWCASE

Parish Finance Council Operating Guidelines

CONSTITUTION AND BYLAWS MT. SINAI CONGREGATIONAL CHURCH (Approved by congregational vote 10/22/17)

The Internationalization of Islamic Finance and the Role of International Educational Centres in Human Capital Development

Technical Committee of Experts on Islamic Banking and Finance. Third Session of OIC Statistical Commission April 2013 Ankara - Turkey

Problems and Prospects of Islamic Capital Market In Bangladesh

Recent Developments front. Asia and the Middle East IMAM WAHYUDI FENNY ROSMANITA NIKEN IWANI SURYA PUTRI

Article I MEMBERSHIP

A Critical Analysis of Mudarabah & A New Approach to Equity Financing in Islamic Finance

Lahore University of Management Sciences

Lahore University of Management Sciences. FINN 441 Islamic Banking and Finance Fall Semester 2014

Brochure of Robin Jeffs Registered Investment Advisor CRD # Ashdown Place Half Moon Bay, CA Telephone (650)

Call for Paper GLOBAL FORUM ON ISLAMIC FINANCE (GFIF)2018 Islamic Finance Building Sustainable Future

GLOBAL SURVEY ON THE AWARENESS AND IMPORTANCE OF ISLAMIC FINANCIAL POLICY

09/27/2014. Constitution and Bylaws of the Christian Church (Disciples of Christ) in Indiana

Islamic Finance: Malaysia s Journey. Malaysia International Islamic Financial Centre (MIFC) Promotions Unit

Transcription:

Dr. Aznan Hasan, International Islamic University Malaysia azan98@hotmail.com haznan@iiu.edu.my

POINTS OF DISCUSSION Background of the issue IFSB Guiding Principles Some Points to ponders One tier or two tiers governance structure Members of SC Shariah Personnel Pronouncements of Shariah Compliance: Ex-ante and Ex-post

Background Shariah compliance remains the central focus of Islamic finance industry. Without proper shariah governance framework, Shariah compliance of Islamic financial products and instruments may be perceived to have been compromised Moreover, the possible lack of sufficient understanding from other stakeholders on Shariah compliance, the diversity of jurisprudence on permissible transactions, and the limited disclosure of relevant and reliable financial information compound the need for proper Shariah governance framework.

Cont d Principle 3.1 of the IFSB Guiding Principles on Corporate Governance states that an appropriate mechanism must be created to ensure the compliance with the Shariah principles Similarly, Principle 7.1 of the IFSB Guiding Principles on Risk Management states that Islamic FI shall have in place adequate systems and controls, including Shariah Board/advisor to ensure compliance with the Shariah principles

IFSB Guiding Principles IFSB has issued four Guiding Principles that relates to Shariah Governance Framework IFSB-3: Guiding Principles for Governance for Institutions offering only Islamic Financial Services (IIFS excluding Islamic insurance/takaful institutions and Islamic mutual funds), IFSB-6: Guiding Principles on Governance for Islamic Collective Investment Schemes, IFSB-8: Guiding Principles on Governance for Takaful Operations, also known as IFSB-10: Guiding Principles on Shariah Governance Systems for Institutions offering Islamic Financial Services IFSB 10 is considered the most focused guiding principles that deal directly with the function of Shariah advisory No single model and one-size-fits-all approach

Cont d It recognises the fact that in Shariah Governance Framework No single model and one-size-fitsall approach should be taken What is important is the outcome which is: effective independent oversight of Shari`ah compliance What is important? Correct opinion or proper framework to ensure the proper procedure and processes have been followed (ex ante and ex post) The intention of this presentation is to analyse some of the important practices that lead to possible right decision.

Prelude Shariah Governance framework shall not be viewed and focus on the members of Shariah Board, but all the holistic procedure to achieve the highest level of compliance. It should encompass all the processes and procedures in ensuring full compliance to Shariah, pre, during and post. Again, it is not just about result. Elements of subjectivity?

Points to Ponder 1) One tier or two tiers Shariah Governance Framework 2) Composition of members Appointment, Qualifications, Evaluations (KPIs), Enhancement (CPE Points), 3) Procedures in obtaining Shariah pronouncement 4) How to deal with the pronouncement 5) How to ensure that the bank (officers) comply with the pronouncement

One tier or two tiers Shariah Governance Framework Varied From one practice to another Which one is more suitable Pro and Con Detaching the members from the market? How to resolve the issue Shariah Advisory Firms. How they can add value? Can they replace the SC?

Members of SAC (SC) Appointment Composition Qualifications (definition of Shariah Advisors), Evaluations and assessment (KPIs) Enhancement (CPE Points). Allocations for training Efforts towards enhancements Relation between SC & BOD Role of BOD in ensuring effective Shariah Governance Framework Appointment of one member of SC to BOD Independency of SC

Shariah Personnel Very important component Composition of the staff (shariah Officers) Functions: Secretariat Advisory Review and Audit Research Quality of the Officers

Procedures in obtaining Shariah pronouncement The importance of Shariah manual Preparing papers Presentation and full disclosure of material facts Rigorous deliberation among members of the Shari`ah board over any proposed Shari`ah-compliant products or transactions that require a Shari`ah endorsement, as well as detailed scrutiny of the legal contracts and other documents relevant to the products or transactions Time to market

How to deal with the pronouncement Once the pronouncement is made, it becomes binding upon the Bank Can the management resort the to higher authority? Pronouncement: Between confidentiality and full disclosure Dissemination of Shariah rulings to respective officers to ensure full compliance

How to ensure that the bank (officers) comply with the pronouncement The needs for framework of review and audit Internal audit vis-a-vis external audit Necessary remedies for non compliance

THANK YOU WASSALAM