Title:
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Sharia assurance in Islamic financial and banking industry : an analytical and comparative study
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This research aims to present a library-based study of the current
institutional sharia governance and main national supervision frameworks in
selected Muslim countries, namely, the Kingdom of Bahrain, the United
Arab Emirates (Dubai), the State of Kuwait, the Sultanate of Oman, and the
Federation of Malaysia.
Analysing and comparing diverse practices of important aspects of sharia
governance and supervision, the study argues that the existence of a
comprehensive framework for sharia assurance is essential at both
institutional and national levels. It argues that the current institutional sharia
governance and national sharia supervision, relying on internal tools, does
not provide customers with sufficient compliance assurance of the financial
institution and its activities with sharia. Instead, it potentially raises serious
governance issues and operational concerns, mainly resulting from the
shortage of sharia scholars, the scope of sharia-compliance supervision,
the concept and use of external auditors, independence and conflicts of
interest, the legal status of the SSB and its pronouncements, and the
accountability of the SSB.
Further, the thesis underlines and discusses the efficacy of a number of
practical solutions at institutional, national and international levels. These
represent internal and external measures for sharia governance and
supervision, mainly the segregation of roles of sharia scholars, the
emergence of sharia consultancies, a global professional body for sharia
scholars, the establishment of an international sharia rating system, and the
emerging trend of centralisation .
In evaluation of the proposed solutions, the thesis notes and promotes the
growing trend of centralisation of sharia governance and supervision at the
national level, which is believed to help in minimizing the main concerns
underlined. Nonetheless, it remains to be seen which emerging model of
central sharia authority in the selected Muslim countries would prove to be
more efficient in thi s regard .
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