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Risk Management in

Islamic Financial Instruments

57

Central Shariah Board to oversee the functions of Islamic finance industry. The council of

guardians in Iran provides guidelines for Islamic finance industry. There is still an on-going

debate about what role the shariah board plan-a supervisory role or certification role of

islamicity of products.

Table 3.3. Regulatory and Supervisory Structures and Laws and Regulations in OIC member countries

Country

Important Regulation, Supervisory Authorities and Risk Management Framework

Bahrain

Regulated by the Bahrain Monetary Agency (BMA)

BMA regulates both commercial banks and

investment banks (securities firms); insurance companies are under separate regulatory authority

Dual banking (Islamic and conventional) banking system; Basel capital requirements and core

principles adopted for both groups,

Four Islamic banking groups: a) Islamic commercial banks, b)

Islamic investment banks, c)Islamic Offshore banks, and d) Islamic banking windows in conventional

banks

Consolidated supervision

International Accounting Standards adopted,

Each Islamic bank

must have a Sharī‘ah board

Compliance with AAOIFI standards under active consideration

Investment deposits, current accounts and capital allocation for assets must be declared,

Mandatory

liquidity management by adopting the standardized maturity buckets of assets

Islamic and

conventional mixed system

The Gambia

Regulated by the Central Bank of Gambia(CBG)

Islamic banking law exists

Dual system

Separate

Sharī‘ah board required

Compliance with Basel capital requirements and core principles and

International Accounting Standards not clear

Indonesia

Regulated by the Central Bank of Indonesia (Bank Central Republic Indonesia – BSRI)

Separate

regulatory bodies for banks and securities firms

Separate Islamic banking law does not exist; Islamic

(Sharī‘ah) banking is covered by added section in the banking law (Act No. 10 1998 and Act No. 23

1999)

Separate Sharī‘ah board required

Islamic windows allowed

Consolidated supervision

Basel

capital requirements and core principles adopted

International Accounting Standards adopted

Major financial transformation in process to strengthen bank capital and solvency

Active Sharī‘ah

bank development strategy in place by the government

Iran

Regulated by the Central Bank of Iran (Bank Jamhuri Islamic Iran)

All banks in the public sector with

a plan for minority privatization

Bank regulation and supervision is strongly affected by monetary as

well as fiscal and other government policies

Single (Islamic) banking system under the 1983 Usury

Free Banking Law

Modes of finance are defined by this Law

Recent policy orientation towards

adopting the Basel capital and supervisory standards and International Accounting Standards

No

Sharī‘ah board for individual banks

Onsite and offsite supervisory methods and objectives defined

and applied

Banks and insurance companies are supervised by different regulatory authorities

Jordan

Regulated by the Central Bank of Jordan (CBJ)

Separate regulatory bodies for banks and securities

firms

Islamic banking law exists

Dual system

Separate Sharī‘ah board required

Consolidated

supervision

Basel capital requirements and core principles adopted

International Accounting

Standards adopted

Kuwait

Supervised by the Central Bank of Kuwait (CBK)

CBK regulates both commercial banks and

investment banks (securities firms); insurance companies are under separate regulatory authority

Dual banking system

Two Islamic banking groups: a) Islamic commercial banks, and b) Islamic

investment banks. Conventional banks not allowed having Islamic banking windows.

Consolidated

supervision

Basel capital requirements and supervisory standards adopted

International

Accounting Standards adopted

Separate Islamic banking law under active consideration

Separate

Sharī‘a hboard for each bank necessary

Malaysia

Regulated by the Central Bank of Malaysia (Bank Nagara Malaysia – BNM)

Insurance companies and