A comparative analysis on regulations and treatment of shariah non-compliance risk for Islamic banks in Malaysia and Turkey
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Dosyalar
Tarih
2023
Dergi Başlığı
Dergi ISSN
Cilt Başlığı
Yayıncı
Erişim Hakkı
info:eu-repo/semantics/embargoedAccess
Özet
Islamic banks and conventional banks operate in different ways, thus, Islamic banks have different risk portfolios. Islamic banks are exposed to a unique kind of operational risk that is Sharia non-compliance risk (SNCR). The aim of this study is to examine the existing regulations and practices on SNCR in Turkey and Malaysia. The regulatory framework and guidelines in both countries have been critically analysed. This study has found that BNM has developed various advanced measures and procedures to manage SNC risk. the Central bank of Malaysia (BNM) has its own Sharia governance framework to effectively treat any SNC events. The Framework includes clear guidelines on SNCR management including control function, shariah risk management function, shariah review and sharia audit. This framework has played a key role in strengthening public confidence in the integrity, management and business operations of Islamic financial institutions including Islamic banks (IBs). On the other hand, the local standards of participation banks in Turkey are still in the process of formation. Up until now participation banks still operate under Turkish banking law which regulates Islamic banks as well as conventional banks with the same legislation. Thus, many experts believe that the sections which regulate the participation banks were not written in accordance with proper sharia guidance and its incompatible with shariah. Consequently, the absence and lack of proper sharia governance lead to misconceptions and complaints about the Islamic banking operations and occasionally faulty practices.
Açıklama
Anahtar Kelimeler
Islamic Banks, Sharia non-Compliance Risk, Treatment, Shariah Governance, Turkey, Malaysia
Kaynak
First Annual North American Conference on Islamic Finance
WoS Q DeÄŸeri
Scopus Q DeÄŸeri
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Sayı
Künye
Azrak, T., Kachkar, O. A. ve Alfares, M. (2023). A comparative analysis on regulations and treatment of shariah non-compliance risk for Islamic banks in Malaysia and Turkey. First Annual North American Conference on Islamic Finance, 20-21 October 2023, USA.