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A practical guide for robust sharī'ah governance of the Islamic banking industry
Debate in the market on the extent of sharī'ah compliance of Islamic banks, their products, and activities has piqued stakeholders' interest. In Foundations of Sharī'ah Governance of Islamic Banks, Karim Ginena and Azhar Hamid explore the depths of sharī'ah governance to unravel its mysterious dimensions, and equip academics and practitioners with a solid understanding of the subject, which has become a serious challenge and thus deserves dedicated attention.
The authors make a strong case for the need to contain the sharī'ah risk that Islamic banks experience, and present a compelling argument for how this should be done. Ginena and Hamid propose a robust sharī'ah governance model that comprehensively tackles thisrisk, and helps improve the extent of sharī'ah compliance of market players. The authors detail the internal, external, and institutional arrangements needed to promote responsible sharī'ah governance, and critically analyze current laws, regulations, and industry practices on the topic. The chapters of the book do the following:
- Examine the roots, characteristics and objectives of sharī'ah and its relation to financial dealings;
- Probe the role of regulators in sharī'ah governance, explore the different approaches adopted by banking supervisors, and provide examples of relevant legal and regulatory measures;
- Explain to bank directors and management the fiduciary duty they assume with respect to sharī'ah compliance, and detail how they could discharge this responsibility in line with best practices;
- Elaborate on the purpose of the Sharī'ah Supervisory Board (SSB), its responsibilities, competence criteria, internal regulations, and key governance guidelines; additionally, they explore different SSB models;
- Describe the internal sharī'ah control system including its six components, and examine the internal sharī'ah audit function as well as different stages of conducting a sharī'ah audit;
- Clarify the role of a sharī'ah auditor, with guidance on reporting lines, scope of duties, authority, and practical ways on fulfilling tasks, such as a sample sharī'ah risk assessment grid and audit checklists;
- Discuss the newly emerging external sharī'ah advisory firms that are expected to play a key role in the coming years and the services they provide.
Through an effective treatment of each of these elements, and the way that they interact with one another, the book offers a fresh take on how robust sharī'ah governance of Islamic banks can be successfully accomplished. It is a comprehensive resource for academics, regulators, directors, lawyers, auditors, consultants, employees, and customers of Islamic banks interested in learning more about these challenges. This essential reading persuasively extends the discourse on the subject and addresses critical sharī'ah issues that have policy implications for decision makers in jurisdictions aiming to attract the fast-growing Islamic finance industry or increase their market share.
- Sales Rank: #677192 in Books
- Published on: 2015-04-06
- Original language: English
- Number of items: 1
- Dimensions: 9.85" h x 1.10" w x 7.00" l, .0 pounds
- Binding: Hardcover
- 408 pages
Review
“..a timely and important book…….a treasure trove of information and guidance.” (Arab Banker, September 2015)
From the Inside Flap
Debate in the market on the extent of sharī'ah compliance of Islamic banks, their products, and activities has piqued stakeholders' interest. In Foundations of sharī'ah Governance of Islamic Banks, Karim Ginena and Azhar Hamid explore the depths of sharī'ah governance to unravel its mysterious dimensions, and equip academics and practitioners with a solid understanding of the subject, which has become a serious challenge and thus deserves dedicated attention.
The authors make a strong case for the need to contain the sharī'ah risk that Islamic banks experience, and present a compelling argument for how this should be done. Ginena and Hamid propose a robust sharī'ah governance model that comprehensively tackles this risk, and helps improve the extent of sharī'ah compliance of market players. The authors detail the internal, external, and institutional arrangements needed to promote responsible sharī'ah governance, and critically analyze current laws, regulations, and industry practices on the topic. The chapters of the book do the following:
- Examine the roots, characteristics and objectives of sharī'ah and its relation to financial dealings;
- Probe the role of regulators in sharī'ah governance, explore the different approaches adopted by banking supervisors, and provide examples of relevant legal and regulatory measures;
- Explain to bank directors and management the fiduciary duty they assume with respect to sharī'ah compliance, and detail how they could discharge this responsibility in line with best practices;
- Elaborate on the purpose of the sharī'ah Supervisory Board (SSB), its responsibilities, competence criteria, internal regulations, and key governance guidelines; additionally, they explore different SSB models;
- Describe the internal sharī'ah control system including its six components, and examine the internal sharī'ah audit function as well as different stages of conducting a sharī'ah audit;
- Clarify the role of a sharī'ah auditor, with guidance on reporting lines, scope of duties, authority, and practical ways on fulfilling tasks, such as a sample sharī'ah risk assessment grid and audit checklists;
- Discuss the newly emerging external sharī'ah advisory firms that are expected to play a key role in the coming years and the services they provide.
Through an effective treatment of each of these elements, and the way that they interact with one another, the book offers a fresh take on how robust sharī'ah governance of Islamic banks can be successfully accomplished. It is a comprehensive resource for academics, regulators, directors, lawyers, auditors, consultants, employees, and customers of Islamic banks interested in learning more about these challenges. This essential reading persuasively extends the discourse on the subject and addresses critical sharī'ah issues that have policy implications for decision makers in jurisdictions aiming to attract the fast-growing Islamic finance industry or increase their market share.
From the Back Cover
Praise for Foundations of sharī'ah Governance of Islamic Banks
"The Islamic banking industry, worth over 2 trillion dollars, represents a fast growing phenomenon in an otherwise depressing context of global finance. What is the source of this relative stability and resilience? sharī'ah compliance makes Islamic banking distinct, as it operates not only within a framework of certain well defined ethical imperatives but also has the unique feature of making finance asset based, leading to generation of real goods and services in society, and not simply financial expansion.
Foundations of sharī'ah Governance of Islamic Banks is a timely effort to bring into sharp focus this unique dimension of Islamic Banking. It contains a well-researched, fully documented, fairly detailed and authentic exposition of the key concepts of sharī'ah, Islamic guidelines for banking governance and some of the major efforts made over the last four decades to develop operational mechanisms to make banking sharī'ah-compliant. This book is an essential read for those who want to understand Islamic banking, and more so, for those engaged in the Islamic Banking industry anywhere in the world."
—Khurshid Ahmad, Professor, Chairman, Institute of Policy Studies, Islamabad, Ex- Senator, Federal Minister for Planning, and Deputy Chairman, Planning Commission, Pakistan
"sharī'ah compliance lies at the heart of Islamic finance and is what makes it unique. The book provides a comprehensive treatment of the sharī'ah governance issues covering basic sharī'ah principles applied in Islamic finance and the processes through which these are operationalized in practice. The volume is a valuable source of information for anyone who would like to study diverse aspects of processes and practices related to sharī'ah governance in the contemporary Islamic financial industry."
—Habib Ahmed, Professor of Islamic Finance, Durham University Business School
"In this ground-breaking work, Karim Ginena and Azhar Hamid have accomplished what others have only hinted at and, by doing so, have rendered a valuable service to the growing Islamic financial services industry. With scholarly attention to detail, and a fine understanding of the global context in which Islamic finance operates, the authors have provided a roadmap for governance that should find wide appreciation in corporate and regulatory circles worldwide."
—Shaykh Yusuf DeLorenzo, sharī'ah board member of the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI)
"An important academic and practical related addition to the new discipline. Tools such as sharī'ah risk assessment grid and audit checklists are particularly helpful. This book serves as a useful implementation guide and takes a fresh approach compared to the current boring, descriptive texts."
—Shahul Hameed bin Mohamed Ibrahim, Associate Professor of Islamic Accounting, INCEIF, Malaysia
"Islamic banks by definition have to operate in accordance with sharī'ah law, but how is this enforced? This study explores the practical issues in sharī'ah governance which involves both external audit and internal controls. As the interpretation of Islamic commercial law is inevitably subjective, sharī'ah board members often have legitimate differences of opinion. The authors examine how these can be reconciled to reduce sharī'ah risk."
—Rodney Wilson, Emeritus Professor of Economics, Durham University, UK and INCEIF, Malaysia
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