National and Global Islamic Financial Architecture:
Prolems and Possible Solutions for the OIC Member Countries
3
institutional capacity of the IFSB. One way to do this is to have separate divisions within the
IFSB dealing with issues related to Islamic banking, takaful and Islamic capital market
segments.
Shariah Governance Framework:
The regulators play a key role in setting up the Shariah
governance regime by providing a framework for Shariah boards for financial institutions. A
national Shariah board would be responsible for issuing Shariah standards/parameters and
promoting the harmonization of practices by ensuring the Shariah compliance of the contracts
used in the industry. Both AAOIFI and IFSB have published Shariah governance standards for
Islamic financial institutions. However, there are no guidelines for national Shariah boards.
Given that national Shariah boards can contribute to the harmonization of practice and the
reduction of costs of Shariah governance in organizations and Shariah compliance risks within
jurisdictions, there is a need to come up with a framework for it. Furthermore, the work on
developing Shariah standards, parameters and templates for Islamic financial products by the
AAOIFI, IsFA and IIFM need to continue to enhance cross-border and international
transactions by reducing legal and Shariah compliance risks.
Liquidity Infrastructure:
A robust liquidity infrastructure consists of appropriate
instruments, efficient and liquid financial markets, and access to LOLR funds from central
banks. There is not only a scarcity of Shariah compliant liquid instruments, but most
jurisdictions also lack deep and efficient Islamic financial markets. While the central bank and
regulatory authorities can help develop the infrastructure for financial markets, the liquidity
instruments can be supplied by both public and private entities. Globally, the secondary
markets for sukuk in most countries are shallow, making them illiquid. IFSB and IIFM can
develop guidelines and templates to strengthen money markets, secondary markets for Islamic
securities, and LOLR facilities for Islamic banks.
Information Infrastructure and Transparency:
To properly reflect the transactions and
operations of Islamic financial institutions, countries can opt for using either AAOIFI
accounting standards or domestic accounting standards adapted by Islamic finance. Other than
the credit ratings provided by conventional rating agencies for debt based transactions, other
types of assessments such as Shariah compliance ratings and providing assessments for equity
modes of financing are also needed for Islamic finance. Globally, there is significant progress
being made towards developing accounting and auditing standards by AAOIFI. Furthermore,
AAOIFI and IFSB have also published disclosure guidelines for the banking and takaful sectors.
There is a need to develop detailed disclosure guidelines for Islamic capital markets and
Shariah compliance of products and securities. Ratings agencies that can assess Shariah
compliance and risks in equity based instruments can further strengthen the information
infrastructure for the industry.
Consumer Protection Architecture:
The study finds the architectural element of consumer
protection to be the weakest for the Islamic financial sector in the countries that were
examined. While instituting appropriate laws and regulations to protect consumers and
deposit insurance have to be implemented by the government and regulators, improving
financial literacy will require effort at different levels. Initiatives at the global level to develop
consumer protection guidelines that cater to the specific features of the Islamic financial sector
and also come up with a framework for financial literacy programs will help their
implementation at the national level. While the former can be done by IFSB, the latter can be
initiated by CIBAFI. To protect Islamic banking depositors during crises would also require