SHARĪʿAH GOVERNANCE IN ISLAMIC FINANCIAL INSTITUTIONS IN MALAYSIA, GCC COUNTRIES AND THE UK

Abstract

Sharīʿah governance is peculiarly exclusive and unique to Islamic systems of financial management. While affirming the need for sound and efficient Sharīʿah governance as a crucial part of corporate governance in Islamic financial institutions (IFIs), it has nevertheless been found that little has been written on the subject. In view of the scarcity of literature and specific studies in this area, this study aims to explore the state of Sharīʿah governance practices in IFIs, particularly in Malaysia, GCC countries (Kuwait, Bahrain, United Arab Emirates, Qatar and Saudi Arabia) and the UK, as these countries present distinctive models and approaches towards Sharīʿah governance in diverse legal environments. This study explores and analyses the extent of Sharīʿah governance practices by highlighting seven main areas of Sharīʿah governance: (i) Sharīʿah governance approaches; (ii) regulatory frameworks and by-laws; (iii) roles of Sharīʿah boards; (iv) attributes of Sharīʿah boards in terms of independence, competence, transparency and confidentiality; (v) operational procedures; (vi) Sharīʿah board assessment; and (vii) disclosure practice.

Since the availability of data and information on Sharīʿah governance practices is very limited, a detailed questionnaire was generated for the sourcing of primary data from IFIs. As part of the qualitative research strategy, semi-structured interviews were conducted with Sharīʿah scholars, specifically to explore their perceptions on selected Sharīʿah governance issues. In addition, the content analysis approach was used in extracting and analysing the data and factual input derived from information and resources on IFIs’ websites, exchange websites, annual reports and financial statements. The findings in this study interestingly reveal that there are shortcomings and weaknesses in the present practice of Sharīʿah governance in all seven core areas mentioned above. Based on the empirical analysis extracted from the research findings, the study finally offers and formulates some policy recommendations for the purpose of enhancing and improving the present Sharīʿah governance system.