Compliance with Shariah requirements is a prerequisite in ensuring the legitimacy and integrity of Islamic financial products and services. In meeting this expectation, it is essential for an Islamic financial institution to establish a sound operational framework and infrastructure to ensure that its conduct of Islamic financial transactions is consistent with Shariah.
The Shariah contract-based regulatory policy is intended to promote consistency of Shariah contract application in Islamic financial products and services. This policy is envisaged to strengthen legal certainty and Shariah compliance practices by an Islamic financial institution.
This policy document aims to–
(a) provide reference on the Shariah rulings applicable to qard;
(b) set out key operational requirements for the implementation of qard; and
(c) promote end-to-end compliance with Shariah requirements, which further promote sound Islamic banking and takaful practices and safeguard consumer interests.
This policy document sets out the following:
(a) salient features and essential conditions of qard in Part B; and
(b) regulatory and supervisory expectations for the operational requirements on governance and oversight, structuring, risk management, business and market conduct as well as financial disclosure in Part C.
This policy document also sets out the requirements for the revision of wadi`ah yad dhamanah involving a fungible asset to qard, subject to the transition period.
This document belongs to Bank Negara Malaysia (BNM). Full access to the original source is available here: https://www.bnm.gov.my/banking-islamic-banking
