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Islamic Fund Management

134

Centralised Shariah Governance

Morocco has adopted a centralised Shariah governance system to issue Shariah standards for

the entire Islamic financial sector. The Higher Council of Ulamas is appointed by the King and

is the only entity in the country authorised to issue

fatwas

on different matters. The Higher

Council of Ulamas has set up a specialised committee on Islamic finance, i.e. the Conseil

Supérieur des Oulémas (CSO or Council of Scholars), that oversees and approves all aspects of

Shariah compliance for the overall Islamic finance ecosystem in Morocco, as shown

Figure 4.19.

The CSO is composed of nine members and one coordinator, and can add five experts

who will assist the committee in its decisions and orientations (Jouti, 2017). The CSO works

independently of Islamic financial institutions, to ensure credibility and neutrality in terms of

fatwas

and opinions. The CSO has to date approved investment deposit products and three

murabahah

financing products for Islamic banks.

Since Shariah approval and compliance issues are tackled by only one authority, i.e. the CSO,

there are inevitably many issues that require approval and the process of approval takes

longer. The development of the Islamic fund management market, Islamic stock screening and

Islamic indices are currently in the queue as the existing priority areas are Islamic banking,

takaful

and sukuk. Furthermore, the Shariah standards approved are at present only

applicable to the products of Islamic banks (e.g.

murabahah

for vehicles, real estate and

houses). This means that the

fatwas

are shared by all the market players. As such, the system

currently does not provide much room for product innovation. This element is expected to

come as the market develops further.

Figure 4.19: One Centralised Entity for Shariah Standards

Source: Jouti (2017)