03/06/2023
𝐒𝐡𝐚𝐫𝐢̄'𝐚𝐡 𝐀𝐝𝐯𝐢𝐬𝐨𝐫𝐲 𝐂𝐨𝐮𝐧𝐜𝐢𝐥 𝐚𝐧𝐝 𝐒𝐡𝐚𝐫𝐢̄'𝐚𝐡 𝐂𝐨𝐦𝐩𝐥𝐢𝐚𝐧𝐜𝐞
Sharī'ah compliance constitutes the foundational principle underpinning Islamic Banking and Finance, serving not merely as a guiding principle but as an integral and uncompromising component of all its functions. These operations are required to comply with Sharī'ah, also known as Islamic law, a comprehensive system governing every facet of a Muslim's life. The essence of Sharī'ah compliance is grounded in upholding the moral and ethical precepts of Islam within the domain of banking and financial transactions. It strictly prohibits usury or Ribā (charging interest), Gharār (ambiguity or uncertainty), and investment in Haram (forbidden) activities such as alcohol production or gambling (Maysīr).
The significance of Sharī'ah compliance extends beyond the religious obligation. It constitutes a mechanism to ensure ethical and equitable finance, designed to foster social justice, outlaw exploitative practices, and contribute to economic stability. Islamic banks, such as Al-Amanah Islamic Investment Bank of the Philippines (https://amanahbank.gov.ph), are grounded on principles of profit-and-loss sharing, risk-sharing, and asset-backed transactions, all of which cultivate a more equitable and accountable banking system.
But how do banks ensure that Sharī'ah compliance permeates all of their operations? The answer lies in the crucial role played by the Sharī'ah Advisory Council (SAC).
Sharī'ah Advisory Council (SAC) is composed of not more than five members, who are selected from among Islamic scholars and jurists of comparative law. The members are elected every three years at a general shareholders meeting of the Islamic Bank from a list of nominees prepared by the Board of Directors of the Islamic Bank (RA 6848, Section 4). The Sharī'ah Advisory Council in RA 11439 is composed of persons who are qualified in Sharī'ah or who have knowledge or experience in Sharī'ah and in banking, finance, law, or such other related disciplines (RA 11439, Section 5).
The primary responsibility of the Sharī'ah Advisory Council is to ensure that the bank's operations align with Sharī'ah principles, also referred to as Sharī'ah compliance. In pursuit of this, the SAC undertakes exhaustive reviews of the bank's policies, transactions, and products. These reviews are not one-off processes but are conducted consistently to maintain continuous compliance. Given the dynamic nature of the financial sector, the ability of the bank to adapt to changes while adhering to Shari'ah principles is vital. The SAC's duties include approving new financial products and services before their market introduction. This expert guidance enables the bank to innovate within the boundaries set by Islamic law. In essence, the SAC serves as the vigilant guardian of Sharī'ah compliance, ensuring that every decision, transaction, and product offered aligns with the ethical and moral guidelines prescribed by Islamic law.
The role of the Sharī'ah Advisory Council encompasses reviewing and advising on various aspects of the bank's operations, including financial products, contracts, transactions, and procedures. This duty involves rigorous scrutiny to identify any potential inconsistencies with Shari'ah principles. Should a product, transaction, or operation be found to conflict with these principles, they provide the necessary guidance for resolution.
The SAC carries a significant responsibility, ensuring everything from intricate banking contracts to large-scale operations comply with Islamic law. Their proficiency in Islamic law, banking, finance, and related fields is essential in navigating the complexities of financial products and transactions. This knowledge empowers them to make informed decisions and recommendations, thereby ensuring unerring Sharī'ah compliance.
𝐋𝐔𝐐𝐌𝐀𝐍 𝐋. 𝐁𝐈𝐍 𝐔𝐒𝐌𝐀𝐍 𝐈𝐌𝐀𝐌, 𝐌𝐀𝐈𝐒, 𝐒𝐡.𝐂.
𝐒𝐡𝐚𝐫𝐢̄'𝐚𝐡 𝐀𝐝𝐯𝐢𝐬𝐨𝐫
𝐀𝐥-𝐀𝐦𝐚𝐧𝐚𝐡 𝐈𝐬𝐥𝐚𝐦𝐢𝐜 𝐈𝐧𝐯𝐞𝐬𝐭𝐦𝐞𝐧𝐭 𝐁𝐚𝐧𝐤 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐡𝐢𝐥𝐢𝐩𝐩𝐢𝐧𝐞𝐬 (𝐀𝐀𝐈𝐈𝐁𝐏)
Shari'ah Advisory Council An Overview
Learning Objectives:1. Understand the basics of Islamic Banking and the functions of Shari'ah Advisory Councils based on RA 6848 and RA 11439;2. Explore the ...