Syariah Compliance Stock: Current Issues and the Way Forward

Shariah compliance stock shows promising growth in Islamic finance industrty in the last three decades. It can be seen from the number of company listed in the Islamic capital market, issued by shariah committe. To be categorized as shariah compliance stock, stock screening will be conducted in ensuring that all company activities comply to shariah standard. The objective of this paper is to describe the shariah standar of stock screening in accordance with fiqh concept. In addition, this paper also illusterate some practice of stock screening in many countries. By conducting library research, this study found that shariah standard applied in stock screening is fully based on shariah and doesnt contravene with fiqh concept. Moreover, the practice of stock screening, still shows some differences which is affected by the difference of Islamic finance model

Corporate governance and Shariah compliance in institutions offering Islamic financial services

The structures and processes established within an institution offering Islamic financial Services (IIFS) for monitoring and evaluating Shariah compliance rely essentially on arrangements internal to the firm. By being incorporated in the institutional structure, a Shariah supervisory board (SSB) has the advantage of being close to the market. Competent, independent, and empowered to approve new Shariah-conforming instruments, an SSB can enable innovation likely to emerge within the institution. The paper reviews the issues and options facing current arrangements for ensuring Shariah compliance by IIFS. It suggests a framework that draws on internal and external arrangements to the firm and emphasizes market discipline. In issuing its fatwas, an SSB could be guided by standardized contracts and practices that could be harmonized by a self-regulatory professionals'association. A framework with the suggested internal and external features could ensure adequate consistency of interpretation and enhance the enforceability of contracts before civil courts. The review of transactions would mainly be entrusted to internal review units, which would collaborate with external auditors responsible for issuing an annual opinion on whether the institution's activities has met its Shariah requirements. This process would be sustained by reputable entities such as rating agencies, stock markets, financial media, and researchers who would channel signals to market players. This framework would enhance public understanding of the requirements of Shariah and lead to more effective options available to stakeholders to achieve improvements in Islamic financial services.Banks&Banking Reform,Corporate Law,National Governance,Non Bank Financial Institutions,Governance Indicators

KIAI and ISLAMIC BANK (the Typology of Kiai Based on Their Perception and Behaviour Toward Islamic Bank)

This article aims to explain the perceptions and behavior of Moslem scholars (ulama/kiai) on the coast of Central Java toward Islamic banks. It is unassailable that finding out the kiai's perception and behavior toward Islamic banks becomes unavoidable because the kiai occupies a very important position in the social structure as an agent of social change. In order to have an approriate understanding toward the perception and behavior, this study used qualitative-phenomenological approach. The main source of primary data were obtained from the kiai in Pekalongan region by using purposive sampling technique. Indepth-interview as the prominent method in gaining data was reinforced by observation method. To get validity of data, internal and external validity were performed. The former was taken through four stages, namely triangulation, emic process, member checking and prolonged time; and the latter through transferability. Data were analyzed inductively through three cronological steps, e.i. data reduction, display and conclusion drawing. Based on the perceptions and behavior of scholars toward Islamic banks, this study concludes that there are three categories of kiai. The first is an idealist compromise (kompromis-idealis) which argues that Islamic banks do not fully comply with sharia compliance yet, the use of Islamic banks is compulsory and conventional banks are not substitutes for Islamic banks. The second is a realistic compromise (kompromis realistis) which infers that Islamic banks are not fully accordance with sharia commpliance, the use of Islamic banks is not mandatory, but conventional banks are not substitutes for Islamic banks. The third is resistance (resisten) which argues that Islamic banks are not much different from conventional banks, so making use of Islamic bank is not obligation, and conventional banks substitute Islamic banks

Zakah on stocks: some unsettled issues

Issues relating to zakah on equity shares are far from being settled if one considers the available fatawa and observed practices in many Muslim countries. The most basic questions pertain to the correct method of valuation of equity shares for the purpose of estimation of zakah liability. This paper reviews alternative methods of valuation and argues in favour of marketbased valuation. It also raises serious questions on the permissibility of exemption of fixed assets from zakah liability in the accounting based framework, notwithstanding its actual use in some Muslim countries. A market-based valuation framework is rooted in the notion of market efficiency, which dominates modern finance theories for over a century. The paper seeks to push forward the concept of "average price" as the basis of valuation as also of estimating zakah liability. It argues that the concept not only follows logically from the efficient market theory, but also is backed by sound Shari'ah evidence

A Holistic View of Legal Documentation from Shari'ah Perspective

The legal documentation having several features tends to make legal writing formal. This formality can take the form of long sentences, complex constructions, archaic and hyper-formal vocabulary, and a focus on content to the exclusion of reader needs. Some of this formality in legal writing is necessary and desirable, given the importance of some legal documents and the seriousness of the circumstances in which some legal documents are used. Yet not all formality in legal writing is justified in the Shariah point of view. It may sometimes to the extent that formality hinders reader comprehension, and do not reflect clear communication. This paper will explore some clauses of the legal documentation and analyze it check and balance from the Shariah perspective. In the second part of this paper, we will investigate some of controversial clauses that are deemed as prohibition elements. This paper conclude by proposing some suggestion in Islamizing the currently practice legal documentation in order to incorporate with the Shariah requirement.Legal documentation, rights and liabilities, Shariah requirement, prohibitions in legal documentation.

Corporate governance in institutions offering Islamic financial services : issues and options

This paper reviews institutions offering Islamic financial services (IIFS) corporate governance challenges and suggests options to address them. It first points out the importance of corporate governance for IIFS, where it would require a distinct treatment from conventional corporate governance and highlights three cases of distress of IIFS. It then dwells on prevailing corporate governance arrangements addressing IIFS'needs to ensure the consistency of their operations with Islamic finance principles and the protection of the financial interests of a stakeholders'category, namely depositors holding unrestricted investment accounts. It raises the issues of independence, confidentiality, competence, consistency, and disclosure that may bear on pronouncements of consistency with Islamic finance principles. It also discusses the agency problem of depositors holding unrestricted investment accounts. The paper argues for a governance framework that combines internal and external arrangements and relies significantly on transparency and disclosure of market relevant information.Banks&Banking Reform,Corporate Law,Non Bank Financial Institutions,Investment and Investment Climate,Privatization

Imam Al-Ghazali's views on economic activities

The failure of the different regulatory measures to prevent the frequent occurrence of scandals in the marketplace is proof that ethics is an essential element in all spheres of life. This paper investigates Imam al-Ghazali's views on economic activities with emphasis on the ethical aspects. As a starting point, he considers maal (wealth) as a mere means, hence its status is function of the motive for its acquisition, the way to acquire it and the way to spend it. The most common way of acquiring maal is through economic activities (kasb) that al-Ghazali thoroughly discusses in one of the chapters in his book Ihya. To al-Ghazali economic activities could be a means to attain the highest level of "al-muqarrabun" if they are carried out within a normative framework that he outlined with some details. In line with one of his favorite argument, al-Ghazali opines that the first step in the right direction is to have a correct conception of the reality of this world (a journey to the Hereafter), then maal as well as the economic activities will be conceived and dealt with in a right manner to attain eternal happiness (saadah).Al-Ghazali; Ethics; Economic activities

Financial Intermediation in Muslim Community: Issues and Problems

It is widely known that Muslim society inherited an interest based financial intermediation system from others instead of developing their own banking system. However, Muslim Economists and scholars around the world made efforts to have and develop their own financial intermediation since there was no initial working model to act upon, except the belief that interest-based financial intermediation might be replaced by an Islamic one on the basis of profit-and loss sharing. During the last four decades, Islamic financial intermediation industry became a reality that the Muslim society around the world can see and practice. However, the Islamic financial intermediation in the world has been facing numerous problems of challenges. It raises a number of issues and potential problems which can be seen from the macro and micro operational point of view. Developing the Islamic financial intermediation depends on clarifying these issues and presenting them in order to focus on them studying and remedying. This paper aims to cover the ground of issues of Islamic financial intermediation that rose during its short age. Such issues prevent Islamic financial intermediation from its operating with its full efficiency level. Even no attempt to remedy these issues, presenting these issues and problems and classifying them according to their type is very valuable for sustained growth and development of the Islamic financial intermediation. Such work is a valuable contribution to build the Islamic financial intermediation industry on sound theoretical foundations.