The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis

The Shariah Committee is entrusted with the duties and responsibilities to ensure that the Islamic banking and takaful institutions comply with the Shariah principles in its operations and business activities. The procedures of appointment and cessation are among the important points that should be...

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Main Authors: Mohammad Azam Hussain, Rusni Hassan, Alias Azhar
Format: Article
Language:English
Published: EconJournals 2016-11-01
Series:International Journal of Economics and Financial Issues
Online Access:https://www.econjournals.com/index.php/ijefi/article/view/3618
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author Mohammad Azam Hussain
Rusni Hassan
Alias Azhar
author_facet Mohammad Azam Hussain
Rusni Hassan
Alias Azhar
author_sort Mohammad Azam Hussain
collection DOAJ
description The Shariah Committee is entrusted with the duties and responsibilities to ensure that the Islamic banking and takaful institutions comply with the Shariah principles in its operations and business activities. The procedures of appointment and cessation are among the important points that should be discussed in relation to the Shariah Committee.  Such elements reflect the effectiveness, objectivity and independence of the Shariah Committee in discharging their duties.  In Malaysia the appointment, re-appointment and cessation of the member of the Shariah Committee are regulated by legislations governing Islamic financial business. With the objective to scrutinize the procedures prescribed by legislations, this study adopted legal research method. By using content analysis, the study found that several loopholes existed in the existing legislations which should be addressed by relevant authoritative. This is significant in order to strengthen the legal framework as well as to avoid any legal conflict in the future. Keywords: Shariah Committee; Appointment of Shariah Committee; Islamic Finance JEL Classifications: G02, G2
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spelling doaj.art-047a628f38794e09a1e9d8629c7c1e6a2023-02-15T16:09:30ZengEconJournalsInternational Journal of Economics and Financial Issues2146-41382016-11-0167SThe Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal AnalysisMohammad Azam HussainRusni HassanAlias Azhar The Shariah Committee is entrusted with the duties and responsibilities to ensure that the Islamic banking and takaful institutions comply with the Shariah principles in its operations and business activities. The procedures of appointment and cessation are among the important points that should be discussed in relation to the Shariah Committee.  Such elements reflect the effectiveness, objectivity and independence of the Shariah Committee in discharging their duties.  In Malaysia the appointment, re-appointment and cessation of the member of the Shariah Committee are regulated by legislations governing Islamic financial business. With the objective to scrutinize the procedures prescribed by legislations, this study adopted legal research method. By using content analysis, the study found that several loopholes existed in the existing legislations which should be addressed by relevant authoritative. This is significant in order to strengthen the legal framework as well as to avoid any legal conflict in the future. Keywords: Shariah Committee; Appointment of Shariah Committee; Islamic Finance JEL Classifications: G02, G2 https://www.econjournals.com/index.php/ijefi/article/view/3618
spellingShingle Mohammad Azam Hussain
Rusni Hassan
Alias Azhar
The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis
International Journal of Economics and Financial Issues
title The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis
title_full The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis
title_fullStr The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis
title_full_unstemmed The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis
title_short The Procedures of Appointment and Cessation of the Shariah Committee Member of the Islamic Banks and Takaful Companies in Malaysia: Legal Analysis
title_sort procedures of appointment and cessation of the shariah committee member of the islamic banks and takaful companies in malaysia legal analysis
url https://www.econjournals.com/index.php/ijefi/article/view/3618
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