Legal Aspects of Islamic Banking Compliance
Expert-defined terms from the Professional Certificate in Islamic Banking Compliance Problem Solving course at London School of Business and Administration. Free to read, free to share, paired with a globally recognised certification pathway.
Legal Aspects of Islamic Banking Compliance #
Legal Aspects of Islamic Banking Compliance
Legal aspects of Islamic banking compliance refer to the set of laws, regulation… #
These legal aspects play a crucial role in maintaining the integrity and transparency of Islamic banking transactions and protecting the rights of all stakeholders involved.
1 #
AAOIFI
Definition #
The Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) is an international standard-setting body that develops accounting, auditing, and governance standards for Islamic financial institutions.
2. Bai Al #
Inah
Definition #
Bai Al-Inah is a type of sale transaction in Islamic finance where a financial institution sells an asset to a customer on a deferred payment basis and then buys back the asset at a lower price for immediate payment.
3 #
Compliance Risk
Definition #
Compliance risk refers to the risk of financial loss or damage to the reputation of an Islamic financial institution resulting from its failure to comply with laws, regulations, or internal policies.
4 #
Fatwa
Definition #
A fatwa is a legal opinion or ruling issued by a qualified Islamic scholar on a specific issue related to Islamic law, including matters of finance and banking.
5 #
Governance Framework
Definition #
A governance framework is a set of rules, policies, and procedures that guide the decision-making processes and operations of an Islamic financial institution to ensure compliance with Sharia principles and regulatory requirements.
6 #
Ijarah
Definition #
Ijarah is a lease-based contract in Islamic finance where a financial institution leases an asset to a customer for a specific period in exchange for rental payments.
7 #
Know Your Customer (KYC)
Definition #
Know Your Customer (KYC) is a process used by Islamic financial institutions to verify the identity of their customers, assess their risk profile, and ensure compliance with anti-money laundering (AML) regulations.
8 #
Mudarabah
Definition #
Mudarabah is a partnership contract in Islamic finance where one party provides capital (rab al-mal) and another party provides expertise and labor (mudarib) to generate profits, which are shared according to a pre-agreed ratio.
9. Qard Al #
Hasan
Definition #
Qard Al-Hasan is an interest-free loan provided by Islamic financial institutions to customers in need of financial assistance, with the borrower obligated to repay the principal amount only.
10 #
Regulatory Compliance
Definition #
Regulatory compliance refers to the adherence of Islamic financial institutions to laws, regulations, and guidelines set forth by regulatory authorities to ensure the legality and soundness of their operations.
11 #
Sharia Advisory Board
Definition #
A Sharia Advisory Board is a group of qualified Islamic scholars responsible for providing guidance and oversight on the compliance of Islamic financial products and services with Sharia principles.
12 #
Takaful
Definition #
Takaful is a cooperative insurance system in Islamic finance where participants contribute to a common fund to provide mutual financial protection against specified risks.
13 #
Waqf
Definition #
Waqf is an Islamic endowment or charitable trust established for religious, educational, or social purposes, with the income generated used for the benefit of the community.
14 #
Zakat
Definition #
Zakat is an obligatory form of almsgiving in Islam, where Muslims are required to donate a portion of their wealth to help the less fortunate and promote social welfare.
15 #
Murabaha
Definition #
Murabaha is a cost-plus sale contract in Islamic finance where a financial institution purchases an asset on behalf of a customer and sells it to the customer at a markup price.
16 #
Musharakah
Definition #
Musharakah is a partnership contract in Islamic finance where all partners contribute capital to a joint venture and share profits and losses based on their respective investments.
17 #
Wadi'ah
Definition #
Wadi'ah is a safekeeping contract in Islamic finance where a depositor entrusts funds or valuables to a financial institution for safekeeping without any expectation of profit.
18 #
Istisna'a
Definition #
Istisna'a is a contract for the manufacture or construction of goods in Islamic finance, where a financial institution undertakes to manufacture or construct a specific asset for a customer at a pre-agreed price.
19 #
Fiqh
Definition #
Fiqh is Islamic jurisprudence that interprets and applies the teachings of the Quran and Hadith to various aspects of human life, including finance, commerce, and legal matters.
20 #
AAOIFI Standards
Definition #
AAOIFI Standards are accounting, auditing, and governance standards developed by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) to harmonize practices in the Islamic finance industry.
21 #
Baitul Maal
Definition #
Baitul Maal is the treasury or financial institution responsible for managing funds, investments, and financial transactions in Islamic finance institutions.
22 #
Fiduciary Duty
Definition #
Fiduciary duty refers to the legal obligation of Islamic financial institution directors, officers, and employees to act in the best interests of their clients and stakeholders and avoid conflicts of interest.
23 #
Sukuk
Definition #
Sukuk are Islamic financial instruments that represent ownership or beneficial interest in tangible assets, projects, or investment activities, allowing investors to earn returns from the underlying assets.
24 #
Murabaha to the Purchase Orderer (MPO)
Definition #
Murabaha to the Purchase Orderer (MPO) is a financing arrangement in Islamic finance where a financial institution purchases goods on behalf of a customer based on a purchase order and sells them to the customer at a markup price.
25 #
Rahn
Definition #
Rahn is a collateral-based contract in Islamic finance where a borrower pledges an asset as security for a loan, with the financial institution holding the collateral until the loan is repaid.
26. Shariah Non #
Compliance Risk
Definition #
Shariah Non-Compliance Risk refers to the risk of financial loss or reputational damage to an Islamic financial institution resulting from actions or transactions that violate Sharia principles.
27 #
Tawarruq
Definition #
Tawarruq is a form of commodity-based financing in Islamic finance where a customer buys a commodity on credit and sells it to a third party for cash, generating liquidity for the customer.
28 #
Wa'd
Definition #
Wa'd is a promise or undertaking in Islamic finance where one party commits to buying or selling an asset at a future date at a pre-agreed price, providing certainty in transactions.
29 #
Fiduciary Relationship
Definition #
A fiduciary relationship is a legal relationship of trust and confidence between Islamic financial institutions and their customers, where the institution is required to act in the best interests of the customer.
30 #
Hawala
Definition #
Hawala is an informal money transfer system used in Islamic finance to facilitate cross-border remittances and payments based on trust and the exchange of promises.
31 #
Shariah Audit
Definition #
Shariah Audit is an independent review process conducted by Shariah auditors to assess the compliance of Islamic financial institutions with Sharia principles and identify any violations or discrepancies.
32 #
Wadi'ah Yad Dhamanah
Definition #
Wadi'ah Yad Dhamanah is a safekeeping contract with guarantee in Islamic finance where a financial institution safeguards customers' funds or valuables and assumes liability for any loss or damage.
33 #
Islamic Financial Services Board (IFSB)
Definition #
The Islamic Financial Services Board (IFSB) is an international standard-setting body that develops prudential standards and guidelines for the Islamic finance industry to promote financial stability and soundness.
34 #
Mudarib
Definition #
A Mudarib is an entrepreneur or manager in a Mudarabah partnership in Islamic finance who invests expertise and labor to manage the business on behalf of the capital provider (rab al-mal).
35 #
Shariah Compliance Officer
Definition #
A Shariah Compliance Officer is a designated individual within an Islamic financial institution responsible for ensuring that the institution's activities and products comply with Sharia principles and regulatory requirements.
36. Waqf Al #
Ismail
Definition #
Waqf Al-Ismail is an Islamic endowment established for the benefit of orphans and needy children, providing financial support, education, and social welfare services.
37 #
Amanah
Definition #
Amanah is the Islamic principle of trustworthiness and reliability, requiring individuals and institutions to fulfill their obligations and duties honestly and faithfully.
38 #
Bai Bithaman Ajil
Definition #
Bai Bithaman Ajil is a deferred payment sale contract in Islamic finance where a financial institution sells an asset to a customer at a fixed price, with payment made in installments over a specified period.
39 #
Compliance Monitoring
Definition #
Compliance Monitoring is the process of regularly reviewing and assessing the adherence of Islamic financial institutions to laws, regulations, and internal policies to identify and address any compliance issues.
40 #
Fiduciary Relationship
Definition #
A fiduciary relationship is a legal relationship of trust and confidence between Islamic financial institutions and their customers, where the institution is required to act in the best interests of the customer.
41 #
Hawala
Definition #
Hawala is an informal money transfer system used in Islamic finance to facilitate cross-border remittances and payments based on trust and the exchange of promises.
42 #
Shariah Audit
Definition #
Shariah Audit is an independent review process conducted by Shariah auditors to assess the compliance of Islamic financial institutions with Sharia principles and identify any violations or discrepancies.
43 #
Wadi'ah Yad Dhamanah
Definition #
Wadi'ah Yad Dhamanah is a safekeeping contract with guarantee in Islamic finance where a financial institution safeguards customers' funds or valuables and assumes liability for any loss or damage.
44 #
Islamic Financial Services Board (IFSB)
Definition #
The Islamic Financial Services Board (IFSB) is an international standard-setting body that develops prudential standards and guidelines for the Islamic finance industry to promote financial stability and soundness.
45 #
Mudarib
Definition #
A Mudarib is an entrepreneur or manager in a Mudarabah partnership in Islamic finance who invests expertise and labor to manage the business on behalf of the capital provider (rab al-mal).
46 #
Shariah Compliance Officer
Definition #
A Shariah Compliance Officer is a designated individual within an Islamic financial institution responsible for ensuring that the institution's activities and products comply with Sharia principles and regulatory requirements.
47. Waqf Al #
Ismail
Definition #
Waqf Al-Ismail is an Islamic endowment established for the benefit of orphans and needy children, providing financial support, education, and social welfare services.
48 #
Amanah
Definition #
Amanah is the Islamic principle of trustworthiness and reliability, requiring individuals and institutions to fulfill their obligations and duties honestly and faithfully.
49 #
Bai Bithaman Ajil
Definition #
Bai Bithaman Ajil is a deferred payment sale contract in Islamic finance where a financial institution sells an asset to a customer at a fixed price, with payment made in installments over a specified period.
50 #
Compliance Monitoring
Definition #
Compliance Monitoring is the process of regularly reviewing and assessing the adherence of Islamic financial institutions to laws, regulations, and internal policies to identify and address any compliance issues.
51 #
Fatwa
Definition #
A fatwa is a legal opinion or ruling issued by a qualified Islamic scholar on a specific issue related to Islamic law, including matters of finance and banking.
52 #
Governance Framework
Definition #
A governance framework is a set of rules, policies, and procedures that guide the decision-making processes and operations of an Islamic financial institution to ensure compliance with Sharia principles and regulatory requirements.
53 #
Ijarah
Definition #
Ijarah is a lease-based contract in Islamic finance where a financial institution leases an asset to a customer for a specific period in exchange for rental payments.
54 #
Know Your Customer (KYC)
Definition #
Know Your Customer (KYC) is a process used by Islamic financial institutions to verify the identity of their customers, assess their risk profile, and ensure compliance with anti-money laundering (AML) regulations.
55 #
Mudarabah
Definition #
Mudarabah is a partnership contract in Islamic finance where one party provides capital (rab al-mal) and another party provides expertise and labor (mudarib) to generate profits, which are shared according to a pre-agreed ratio.
56. Qard Al #
Hasan
Definition #
Qard Al-Hasan is an interest-free loan provided by Islamic financial institutions to customers in need of financial assistance, with the borrower obligated to repay the principal amount only.
57 #
Regulatory Compliance
Definition #
Regulatory compliance refers to the adherence of Islamic financial institutions to laws, regulations, and guidelines set forth by regulatory authorities