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Title:	Analisis perundangan terhadap kedudukan dan peranan penasihat Syariah dalam mentadbir urus Syariah bagi sistem perbankan Islam di Malaysia: satu kajian sosio-perundangan
Authors:	Mohd Izzat Amsyar Mohd Arif (P65996)
Supervisor:	Ruzian Markom, Prof. Madya Dr.
Keywords:	Banking law -- Malaysia Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia Banks and banking -- Religious aspects -- Islam
Issue Date:	4-May-2018
Description:	The framework of shariah governance is an organizational management to the Islamic banking institutions with the purpose in ensuring an effective supervision of shariah-compliant environment. Shariah Advisory Council is the sole authority to ensure shariah compliance in the Islamic banking operation and facilities. Shariah resolution of the Shariah Advisory Council has been mandated to bind over all the parties including the civil court through Central Bank Act 2009. Nevertheless, the legal position of the Shariah Advisory Council was doubted by the court and researchers. The function of the Shariah Advisory Council in ascertaining the Islamic law and the status of shariah resolution in the Malaysian legal system are vague. The objective of this research is to identify the philosophy and the framework of shariah governance in the system of Islamic banking and to analyse issues regarding the status and the legal position of the Shariah Advisory Council in Malaysia and Indonesia. Hence, this study does not elaborate other aspects such as takaful system and capital markets. This is a qualitative research. Library-based methodology and unstructured interview were adopted as the method of data collection. Statutory provisions passed by the Parliament, guidelines issued by Bank Negara and the courts' judgement were explored to understand the legal structure which support the position of the Shariah Advisory Council. The data obtained are the latest data when the study was conducted which was until December 2017, and were analyzed through the content, philosophy and comparison analytical approach. This research revealed that the status of Shariah Advisory Council needs to be strengthened. The aspect of the qualifications and composition of members, admission of Shariah Advisory Council as expert witness, its supremacy and also the legal status of its shariah resolution shall be given much attention. In conclusion, this research found that the legal framework of the Shariah Advisory Council in exercising its function is uncertain. It is proposed that constructive improvements on the legal structure of the Shariah Advisory Council are needed so as to enable the institution to carry out its responsibilities effectively and to issue more comprehensive shariah resolutions. Its functions shall be extended by recognising the institution as public reference which reflects its status as the sole authority in upholding shariah compliance.,Ph.D.
Pages:	360
Call Number:	C63.MOH 2018 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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