Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services

The structures and processes established within an institution offering Islamic financial Services (IIFS) for monitoring and evaluating Shariah compliance rely essentially on arrangements internal to the firm. By being incorporated in the institutional structure, a Shariah supervisory board (SSB) ha...

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Main Authors: Grais, Wafik, Pellegrini, Matteo
Format: Policy Research Working Paper
Language:English
Published: World Bank, Washington, DC 2012
Subjects:
Online Access:http://documents.worldbank.org/curated/en/2006/11/7186425/corporate-governance-shariah-compliance-institutions-offering-islamic-financial-services
http://hdl.handle.net/10986/8901
id okr-10986-8901
recordtype oai_dc
spelling okr-10986-89012021-04-23T14:02:41Z Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services Grais, Wafik Pellegrini, Matteo ACCOUNTING ACCOUNTING PRACTICES ACCOUNTING STANDARDS ARTICLES OF ASSOCIATION AUDIT COMMITTEE AUDITING AUDITOR INDEPENDENCE AUTHORITY BANK NEGARA MALAYSIA BANK OF THAILAND BANKING SUPERVISION BANKING SYSTEM BANKS BUSINESS ORGANIZATIONS CAPITAL MARKETS CENTRAL BANKS CHARTER COMPANY CONFLICT OF INTEREST CONFLICTS OF INTEREST CONSENSUS CORPORATE ENTITY CORPORATE GOVERNANCE CORPORATE GOVERNANCE ARRANGEMENTS CORPORATION CORPORATIONS DEBT DECISION-MAKING DISCLOSURE DISTRIBUTION OF INCOME ECONOMIC ACTIVITY ECONOMIC GROWTH EMPLOYMENT ENFORCEABILITY ETHICAL STANDARDS EXTERNAL AUDITORS FINANCIAL CONTRACTS FINANCIAL INDUSTRY FINANCIAL INFORMATION FINANCIAL INSTITUTION FINANCIAL INSTITUTIONS FINANCIAL INSTRUMENTS FINANCIAL INTERESTS FINANCIAL MARKETS FINANCIAL PERFORMANCE FINANCIAL PERFORMANCES FINANCIAL SECTOR FINANCIAL SERVICES FINANCIAL STATEMENTS FINANCIAL TRANSACTIONS HOUSING HUMAN RESOURCE INCORPORATED INDEPENDENT DIRECTORS INDIVIDUALS INSTITUTIONAL ENVIRONMENT INSTITUTIONAL STRUCTURE INSURANCE INTEREST INCOME INTERNAL AUDIT INVESTMENT BANK ISLAMIC BANK ISLAMIC BANKING LABOR MARKET LAWS LEGISLATION LEGISLATIVE ACTS LIMITED MAJORITY SHAREHOLDERS MANAGEMENT REPORTS MANAGERS MARKET DISCIPLINE MINORITY SHAREHOLDERS MUTUAL FUNDS NON-BANK PEER REVIEW PROPERTY RIGHTS PROPRIETARY PUBLIC POLICY RATING AGENCIES REGULATORY FRAMEWORK REGULATORY INSTITUTIONS RENTS SECURITIES SHAREHOLDERS SOCIETY STAKEHOLDER STAKEHOLDERS STATE BANK STATE BANK OF PAKISTAN STOCK EXCHANGE STOCK MARKET STOCK MARKETS SUPERVISORY AUTHORITIES TRANSPARENCY TRUST FUNDS UNIVERSITIES The structures and processes established within an institution offering Islamic financial Services (IIFS) for monitoring and evaluating Shariah compliance rely essentially on arrangements internal to the firm. By being incorporated in the institutional structure, a Shariah supervisory board (SSB) has the advantage of being close to the market. Competent, independent, and empowered to approve new Shariah-conforming instruments, an SSB can enable innovation likely to emerge within the institution. The paper reviews the issues and options facing current arrangements for ensuring Shariah compliance by IIFS. It suggests a framework that draws on internal and external arrangements to the firm and emphasizes market discipline. In issuing its fatwas, an SSB could be guided by standardized contracts and practices that could be harmonized by a self-regulatory professionals' association. A framework with the suggested internal and external features could ensure adequate consistency of interpretation and enhance the enforceability of contracts before civil courts. The review of transactions would mainly be entrusted to internal review units, which would collaborate with external auditors responsible for issuing an annual opinion on whether the institution's activities has met its Shariah requirements. This process would be sustained by reputable entities such as rating agencies, stock markets, financial media, and researchers who would channel signals to market players. This framework would enhance public understanding of the requirements of Shariah and lead to more effective options available to stakeholders to achieve improvements in Islamic financial services. 2012-06-25T13:57:01Z 2012-06-25T13:57:01Z 2006-11 http://documents.worldbank.org/curated/en/2006/11/7186425/corporate-governance-shariah-compliance-institutions-offering-islamic-financial-services http://hdl.handle.net/10986/8901 English Policy Research Working Paper No. 4054 CC BY 3.0 IGO http://creativecommons.org/licenses/by/3.0/igo/ World Bank World Bank, Washington, DC Publications & Research :: Policy Research Working Paper Publications & Research
repository_type Digital Repository
institution_category Foreign Institution
institution Digital Repositories
building World Bank Open Knowledge Repository
collection World Bank
language English
topic ACCOUNTING
ACCOUNTING PRACTICES
ACCOUNTING STANDARDS
ARTICLES OF ASSOCIATION
AUDIT COMMITTEE
AUDITING
AUDITOR INDEPENDENCE
AUTHORITY
BANK NEGARA MALAYSIA
BANK OF THAILAND
BANKING SUPERVISION
BANKING SYSTEM
BANKS
BUSINESS ORGANIZATIONS
CAPITAL MARKETS
CENTRAL BANKS
CHARTER
COMPANY
CONFLICT OF INTEREST
CONFLICTS OF INTEREST
CONSENSUS
CORPORATE ENTITY
CORPORATE GOVERNANCE
CORPORATE GOVERNANCE ARRANGEMENTS
CORPORATION
CORPORATIONS
DEBT
DECISION-MAKING
DISCLOSURE
DISTRIBUTION OF INCOME
ECONOMIC ACTIVITY
ECONOMIC GROWTH
EMPLOYMENT
ENFORCEABILITY
ETHICAL STANDARDS
EXTERNAL AUDITORS
FINANCIAL CONTRACTS
FINANCIAL INDUSTRY
FINANCIAL INFORMATION
FINANCIAL INSTITUTION
FINANCIAL INSTITUTIONS
FINANCIAL INSTRUMENTS
FINANCIAL INTERESTS
FINANCIAL MARKETS
FINANCIAL PERFORMANCE
FINANCIAL PERFORMANCES
FINANCIAL SECTOR
FINANCIAL SERVICES
FINANCIAL STATEMENTS
FINANCIAL TRANSACTIONS
HOUSING
HUMAN RESOURCE
INCORPORATED
INDEPENDENT DIRECTORS
INDIVIDUALS
INSTITUTIONAL ENVIRONMENT
INSTITUTIONAL STRUCTURE
INSURANCE
INTEREST INCOME
INTERNAL AUDIT
INVESTMENT BANK
ISLAMIC BANK
ISLAMIC BANKING
LABOR MARKET
LAWS
LEGISLATION
LEGISLATIVE ACTS
LIMITED
MAJORITY SHAREHOLDERS
MANAGEMENT REPORTS
MANAGERS
MARKET DISCIPLINE
MINORITY SHAREHOLDERS
MUTUAL FUNDS
NON-BANK
PEER REVIEW
PROPERTY RIGHTS
PROPRIETARY
PUBLIC POLICY
RATING AGENCIES
REGULATORY FRAMEWORK
REGULATORY INSTITUTIONS
RENTS
SECURITIES
SHAREHOLDERS
SOCIETY
STAKEHOLDER
STAKEHOLDERS
STATE BANK
STATE BANK OF PAKISTAN
STOCK EXCHANGE
STOCK MARKET
STOCK MARKETS
SUPERVISORY AUTHORITIES
TRANSPARENCY
TRUST FUNDS
UNIVERSITIES
spellingShingle ACCOUNTING
ACCOUNTING PRACTICES
ACCOUNTING STANDARDS
ARTICLES OF ASSOCIATION
AUDIT COMMITTEE
AUDITING
AUDITOR INDEPENDENCE
AUTHORITY
BANK NEGARA MALAYSIA
BANK OF THAILAND
BANKING SUPERVISION
BANKING SYSTEM
BANKS
BUSINESS ORGANIZATIONS
CAPITAL MARKETS
CENTRAL BANKS
CHARTER
COMPANY
CONFLICT OF INTEREST
CONFLICTS OF INTEREST
CONSENSUS
CORPORATE ENTITY
CORPORATE GOVERNANCE
CORPORATE GOVERNANCE ARRANGEMENTS
CORPORATION
CORPORATIONS
DEBT
DECISION-MAKING
DISCLOSURE
DISTRIBUTION OF INCOME
ECONOMIC ACTIVITY
ECONOMIC GROWTH
EMPLOYMENT
ENFORCEABILITY
ETHICAL STANDARDS
EXTERNAL AUDITORS
FINANCIAL CONTRACTS
FINANCIAL INDUSTRY
FINANCIAL INFORMATION
FINANCIAL INSTITUTION
FINANCIAL INSTITUTIONS
FINANCIAL INSTRUMENTS
FINANCIAL INTERESTS
FINANCIAL MARKETS
FINANCIAL PERFORMANCE
FINANCIAL PERFORMANCES
FINANCIAL SECTOR
FINANCIAL SERVICES
FINANCIAL STATEMENTS
FINANCIAL TRANSACTIONS
HOUSING
HUMAN RESOURCE
INCORPORATED
INDEPENDENT DIRECTORS
INDIVIDUALS
INSTITUTIONAL ENVIRONMENT
INSTITUTIONAL STRUCTURE
INSURANCE
INTEREST INCOME
INTERNAL AUDIT
INVESTMENT BANK
ISLAMIC BANK
ISLAMIC BANKING
LABOR MARKET
LAWS
LEGISLATION
LEGISLATIVE ACTS
LIMITED
MAJORITY SHAREHOLDERS
MANAGEMENT REPORTS
MANAGERS
MARKET DISCIPLINE
MINORITY SHAREHOLDERS
MUTUAL FUNDS
NON-BANK
PEER REVIEW
PROPERTY RIGHTS
PROPRIETARY
PUBLIC POLICY
RATING AGENCIES
REGULATORY FRAMEWORK
REGULATORY INSTITUTIONS
RENTS
SECURITIES
SHAREHOLDERS
SOCIETY
STAKEHOLDER
STAKEHOLDERS
STATE BANK
STATE BANK OF PAKISTAN
STOCK EXCHANGE
STOCK MARKET
STOCK MARKETS
SUPERVISORY AUTHORITIES
TRANSPARENCY
TRUST FUNDS
UNIVERSITIES
Grais, Wafik
Pellegrini, Matteo
Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services
relation Policy Research Working Paper No. 4054
description The structures and processes established within an institution offering Islamic financial Services (IIFS) for monitoring and evaluating Shariah compliance rely essentially on arrangements internal to the firm. By being incorporated in the institutional structure, a Shariah supervisory board (SSB) has the advantage of being close to the market. Competent, independent, and empowered to approve new Shariah-conforming instruments, an SSB can enable innovation likely to emerge within the institution. The paper reviews the issues and options facing current arrangements for ensuring Shariah compliance by IIFS. It suggests a framework that draws on internal and external arrangements to the firm and emphasizes market discipline. In issuing its fatwas, an SSB could be guided by standardized contracts and practices that could be harmonized by a self-regulatory professionals' association. A framework with the suggested internal and external features could ensure adequate consistency of interpretation and enhance the enforceability of contracts before civil courts. The review of transactions would mainly be entrusted to internal review units, which would collaborate with external auditors responsible for issuing an annual opinion on whether the institution's activities has met its Shariah requirements. This process would be sustained by reputable entities such as rating agencies, stock markets, financial media, and researchers who would channel signals to market players. This framework would enhance public understanding of the requirements of Shariah and lead to more effective options available to stakeholders to achieve improvements in Islamic financial services.
format Publications & Research :: Policy Research Working Paper
author Grais, Wafik
Pellegrini, Matteo
author_facet Grais, Wafik
Pellegrini, Matteo
author_sort Grais, Wafik
title Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services
title_short Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services
title_full Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services
title_fullStr Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services
title_full_unstemmed Corporate Governance and Shariah Compliance in Institutions Offering Islamic Financial Services
title_sort corporate governance and shariah compliance in institutions offering islamic financial services
publisher World Bank, Washington, DC
publishDate 2012
url http://documents.worldbank.org/curated/en/2006/11/7186425/corporate-governance-shariah-compliance-institutions-offering-islamic-financial-services
http://hdl.handle.net/10986/8901
_version_ 1764406714974601216