The Islamic financial institutions are
developed on the basis of Shariah laws, which are under the guidelines of the
Islamic principles. It is important to know that Shariah laws come with so many
restrictions and prohibitions, which may not be found in any other financial
system. Like paying interest or receiving interest, which is called Riba in
Islamic financial terms, is totally prohibited in Islam. Islamic establishments
under the legal and regulatory environment focus to deal with the civil law
specific penalties and there is the focus on criminal justice as well. In the
aspects of sharia, the legal system has own rules and regulations; and there
some specific goal for Islamist movements. So, Islamic financial institutions
cannot deal in those financial activities, which have any kind of interest in
it. The gambling is also prohibited in the Islamic finance along with
restrictions on involving in the businesses which are deemed haram in Islam,
like alcohol business, pork, as well as pornography. So, Islamic financial
institutions cannot indulge in above mentioned activities, and their legal as
well as regulatory framework has to make sure that all of these things are
avoided on all levels. If any institution is not able to follow these Shariah
principles, then they cannot be considered fully Islamic financial
institutions. All the legal requirements of these institutions will take the
leads from Islamic principles, given by Quran, the holy book of Islam. Every
jurisdiction for these institutions must adhere to Shariah laws (Perves, 2015)
There
are establishments under the legal and regulatory setting recognize as the
sharia, and there are benefits for the Islamic population and more laws
governing punishment. The regulatory environment of Islamic financial
institutions is totally different from the institutions, which are based on
conventional financial system. The conventional institutions like conventional
banks are regulated by laws, which are different from the Islamic Sharia laws,
like conventional system does have interest based system in every jurisdiction.
Moreover, it is also important to understand that jurisdiction for these
institutions are also based on the fact that how a country wants to deal with
it. An Islamic country following Islamic principles may run a dual system,
where conventional system has different legal framework, whereas Islamic institutions
are handled by a different regulatory framework. The good example of such
system is Malaysia, where dual system is running. But there can also be countries,
where a single system is used to manage both conventional and Islamic financial
institutions, but Islamic institutions are given the freedom to manage various
aspects on the basis of Sharia laws, but overall system will be under the
conventional system. It is important to understand that in current regulatory environment,
the legal framework needs to be revisited as a whole for all kind of Islamic
financial institutions, because they are very different in nature, and they
need a separate system to be managed fully as per the Islamic principles (Alhabshi, 2016)
References of What is legal and regulatory environment of Islamic Financial Institution (IIFS)? Discuss and explain the implications of this regulatory environment on the present regulatory framework by giving some practical examples from some jurisdictions?
Alhabshi, Dr. Syed Musa. 2016. Governing Islamic
financial institutions. Accessed October 23, 2018. https://www.nst.com.my/news/2016/05/142912/governing-islamic-financial-institutions.
Almohana, Mohammad. 2017. Legal Risks Faced By
Investors in Dealing with Islamic Financial Transactions and Mitigation
Actions/Strategies to Keep Off Legal Risks: The Case of Murabaha Transaction.
University of Exeter.
Perves, Mohammad Masud. 2015. "Legal and
Regulatory Framework in Islamic Banking System:." European Journal of
Business and Management (IISTE) 7 (21).
Zandi, Gholamreza. 2012. "Some issues on
Murabahah practices in Iran and Malaysian Islamic banks." African
journal of business management 6 (24).