The Development of the Legal Framework Governing the Shariah Committee of the Islamic Banking and Takaful Institutions in Malaysia
DOI:
https://doi.org/10.32890/ijib2016.1.2.4Keywords:
Sharῑᶜah Committee, Islamic banking, takÄful, Islamic Financial Services ActAbstract
In Malaysia, the Sharῑᶜah Committee established by Islamic banks and takÄful operators are subject to the legal framework as set out by the legislations governing Islamic financial services. The legal framework of the Sharῑᶜah committee existed since the enforcement of Islamic Banking Act 1983 (Act 276) in year 1983. Since that, improvements have been made by the government to strengthen such legal framework via a series of legal amendments as well as the introduction of new legislations. Apart from that, the Sharῑᶜah Committee is also governed by the Guidelines issued by Central Bank of Malaysia to ensure sustainability of Islamic banking and takÄful industry in Malaysia. This article adopted historical and comparative methods in order to analyse the development of the legal framework governing the Sharῑᶜah Committee of the Islamic banking and takÄful institutions in Malaysia. The study found that the legal framework of the Sharῑᶜah Committee is mainly governed by Islamic Financial Services Act 2013 (Act 759) and Sharῑᶜah Governance Framework for Islamic Financial Institutions (CBM/RH/GL 012-3).
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References
AAOIFI, Governance Standard for Islamic Financial Institutions No. 1 on the Shariᶜa Supervisory Board: Appointment, Composition and Report, Article 2.
Banking and Financial Institutions Act 1989 (Act 372) Development Financial Institutions Act 2002 (Act 618)
Engku Rabiah Adawiah Engku Ali & Odierno, Hassan Scott P. (2008). Essential guide to takāful (Islamic insurance). Kuala Lumpur, Malaysia: CERT Publications Sdn. Bhd. Financial Services Act 2013 (Act 758) Fit and Proper Criteria (CBM/RH/GL 018-5) Fit and Proper Criteria (CBM/RH/GL 018-5) Guidelines on Applications for Registration and Operation of Re-takāful Operator (CBM/RH/GL/004-12) Guidelines on Financial Reporting for Development Financial Institutions (CBM/RH/GL 005-16) Guidelines on Financial Reporting for Islamic Banking Institutions (CBM/RH/CP 022-1) Guidelines on Financial Reporting for Takaful Operators (CBM/RH/GL 004-6) Guidelines on Fit and Proper for Key Responsible Persons (CBM/RH/GL 018-3) Guidelines on Fit and Proper for Key Responsible Persons for Development Financial Institutions (CBM/RH/GL 005-13) IJIB | DECEMBER 2016 | VOL 1 ISSUE 2| Page 68-eISSN : 0127-662X | Guidelines on Introduction of New Products (CBM/RH/GL 008-3) Guidelines on Introduction of New Products for Insurance Companies and Takāful Operators (CBM/RH/GL/010-14) Guidelines on the Governance of SharῑᶜahCommittee for the Islamic Financial Institutions (CBM/RH/GL/012-1)
Ibrahim Warde. (2000). Islamic finance in the global economy. (Edinburgh: Edinburgh University Press. Islamic Banking (Amendment) Act 2003 (Act A1214) Islamic Banking Act 1983 (Act 276) Islamic Financial Services Act 2013 (Act 759)
Moḥamad Akram Laldin. (2008). The role of Sharīᶜah advisors in the development of Islamic Securities. In Mohamad Akram Laldin (Ed.), Fundamentals and practices in Islamic finance (pp. 55-69). Kuala Lumpur: International Shariᶜah Research Academy for Islamic Finance (ISRA).
Mohammad Azam Hussain, Rusni Hassan & Aznan Hassan. (2014). Islamic Financial Services Act 2013 (Act 759): Enhancing the regulatory framework of the Shariah committee or a burden on the Shariah committee. Paper presented in Terengganu
International Business and Economic Conference (TIBEC 2014), Universiti Teknologi MARA, Terengganu, September, 2014. Rusni Hassan, Agus Triyanta and Adnan Yusoff, “Sharīᶜah Compliance Process in Malaysian Islamic Banking”, Malayan Law Journal, 5 (2011): lxxxi. LexisNexis Database <http://www.lexisnexis.com.eserv.uum.edu.my> (accessed 15th March 2012). Sharῑᶜah Governance Framework for Islamic Financial Institutions (CBM/RH/GL 012-3)
Sudin Haron & Wan Nursofiza Wan Azmi. (2009). Islamic finance and banking system: Philosophies, principles & practices. Shah Alam, Selangor, Malaysia: McGrawHill (Malaysia) Sdn. Bhd. Takāful (Amendment) Act 2003 (Act A1212) Takaful Act 1984 (Act 312)
