THE NEED FOR REGULATION OF SHARI’A ADVISORY IN ISLAMIC FINANCE ISSUES & CHALLENGES

1. THE NEED FOR REGULATION OF SHARI’A ADVISORY IN ISLAMIC FINANCE ISSUES & CHALLENGES PROFESSOR HUMAYON DAR CHAIRMAN, EDBIZ CONSULTING

2. Introduction • What is Shari’a advisory? • Its need • Regulatory approaches to Shari’a advisory • Preferred approach • Shari’a advisory in Kazakhstan • Conclusions

3. What is Shari’a advisory: definition According to Chancellor Guide to Legal and Shari’a Aspects of Islamic Finance (2009) • “[It is] the overall process through which interested parties such as banks, financial institutions, businesses and individuals seek to obtain Shari’a advice and approval for, and the formal and legal sanction to benefit from, their desired products/services” (p.358)

4. Shari’a governance system: IFSB approach “Shari`a Governance System refers to the set of institutional • and organisational arrangements through which an IIFS ensures • that there is effective independent oversight5 of Shari`a • compliance over each of the following structures and processes: • Issuance of relevant Shari`a pronouncements • Dissemination of information on such Shari`a pronouncements / resolutions to the operative personnel of the IIFS who monitor the day-to-day compliance with the Shari`a pronouncements / resolutions vis-à-vis every level of operations and each transaction

5. Shari’a governance system: definition • An internal Shari`a compliance review/audit for verifying that Shari`a compliance has been satisfied, during which any incident of non-compliance will be recorded and reported, and as far as possible, addressed and rectified • An annual Shari`a compliance review/audit for verifying that the internal Shari`a compliance review/audit has been appropriately carried out and its findings have been duly noted by the Shari`a board

6. Need for Shari’a advisory • Assurance of Shari’a authenticity • Promotion and development of Islamic banking and finance in line with its philosophy and objectives • Standardisation of practice • Marketability of Islamic financial services

7. Models of Shari’a advisory • Embedded Shari’a advisory boards • Shari’a advisory firms • Fatwa shopping

8. Regulatory approaches to Shari’a advisory • Laissez faire • Managed Shari’a advisory • Central regulation

9. Preferred approach • Central regulation • Malaysia offers the best possible example of central regulation of Shari’a advisory • All the regulators (BNM, SC and LOFSA) have their own Shari’a advisory councils

10. Shari’a advisory in Kazakhstan • Managed Shari’a advisory to start with • A National Shari’a Advisory Council • to develop a Shari’a governance system (in light of AAOIFI and IFSB standards and guidelines) • To supervise individual financial institutions for Shari’a authenticity • Pakistan may serve as an example • Central Shari’a governance (after 3-5 years) • Malaysia may serve as a good example

11. Conclusions • Shari’a advisory plays a crucial role in Islamic banking and finance, and hence it must not be left in the private hands, unregulated and unsupervised • It is in the best interests of all the stakeholders of the Islamic financial services industry to develop a comprehensive Shari’a governance regime and to strict to it • There are already steps being taken to evolve a global Shari’a standard • Kazakhstan may decide to play a role in this