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Islamic Fund Management

87

4.2.4

Key Factors Underpinning the Development of Malaysia’s Islamic Fund

Management Industry

Legal and Regulatory Framework

Malaysia adopts a comprehensive legal and regulatory framework that transcends the various

facets of the financial markets. The country’s financial stability has been supported and upheld

by the Capital Markets and Services Act 2007 (which governs capital market activities), the

Financial Services Act 2013 and Islamic Financial Services Act 2013 (which oversee the

respective conventional and Islamic banking sectors), as well as other various policies and

guidelines released through the years.

Specifically for the Islamic fund industry, and as mentioned earlier i

n Table 4.4 ,

the regulators

have put in place various measures to support the development and expansion of products, as

well as to attract a wider array of investors, both domestically and internationally.

Shariah Governance Framework

The hallmark of developing a successful Islamic finance landscape is the lofty ethical values

under the Shariah governance framework. In 1996, the SC established the SAC, which was

given the mandate to ensure that the implementation of the ICM complied with Shariah

principles. The SAC advises the SC on all matters related to the development of the ICM and

functions as a reference centre for all ICM issues. This centralised approach promotes the

transparency of Shariah rulings and resolutions, which in turn builds investor confidence.

Market Infrastructure

The transformation of the Malaysian economy into becoming more diversified and private

sector-driven has been key to propelling the debt securities and sukuk markets, thereby

reducing its reliance on the banking sector following the Asian financial crisis in 1997. In

ensuring the efficient functioning of the market, mechanisms had been put in place to improve

liquidity and enhance the overall price-discovery process. At its core had been a

comprehensive and modern depository, delivery and settlement system to facilitate the

issuance, trading and settlement of debt securities in the market. MyClear, a 100%-owned

subsidiary of BNM, operates as an integrated large-value payment and securities settlement

system, known as RENTAS. RENTAS functions as a real-time gross settlement system, which is

also integrated with a central depository system (CDS) and handles the settlement of unlisted

government, BNM and corporate debt securities. Similarly, Bursa Malaysia handles the clearing

and settlement of securities and derivatives on the stock exchange. Over the years, listing and

other fees have been reduced to encourage the listing of private companies and facilitate faster

time to market for IPOs. On the Shariah-compliant side, Bursa Suq Al-Sila (BSAS) was

established to facilitate Islamic liquidity management and financing by Islamic financial

institutions.

With such infrastructure in place, Malaysia’s debt securities and sukuk market is the third

largest in Asia. Its equity market houses the largest number of listed companies in ASEAN (SC

Annual Report, 2017).