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PREPARED BY:
NAME STUDENT ID
ANDI NUR ELISYA SYAHIRA BINTI BAHRI AIU18092007
SITI NORALINNNAH BINTI JUSNEH AIU18092008
PUSPA AZWIEYANIE BINTI JAWI AIU18092005
MAIDAH BINTI SALI AIU18092001
PREPARED FOR:
SUBMISSION DATE:
09 NOVEMBER 2020
(MONDAY)
Based on legal frameworks and Syariah principles, would you agree that the possibility
of standardization or harmonization of all Islamic bank's products throughout the
world in its meanings and operations could happen in real life? Discuss
Islamic Financial Law is a hybrid legal transplant, which, with the modification of
municipal law, can be transplanted worldwide in jurisdictions seeking to facilitate Islamic
finance. However, legal and regulatory reforms need to be done because Islamic finance's
legal aspects are different from conventional finance. IFL is a combination of standard inputs,
including shariah commercial principles, English law, international financial services law,
and modern Islamic financial standards, as set by the Accounting and Auditing Organization
of Islamic Financial Institutions. The specific composition of IFL differs according to the
municipal legal system, which has chosen to simplify and regulate the Islamic financial
industry.
Besides, on the liability line, the use of principal-guaranteed in deposit-taking,
Shariah contracts such as Qard, Qadi'ah, and Tawarruq are differentiated from big unsecured
Shariah investment contracts such as Mudarabah and Wakalah. Similarly, on the asset side,
the spectrum of financing operations draws on Islamic contracts' distinctive. The
characteristics include equity and partnership financing contracts such as Musharakah,
Mutanaqisah, lease-based financing contracts such as Ijarah, Muntahia, and fee-based
activities under the contracts Wakalah.
After that, it is based on the shariah principles that have been set to do standardization
or harmonization of all Islamic bank's products. Apart from that, it also provides subsidiaries
that conduct operations based on Syarikat Al-Ijarah Sdn Bhd's shariah principles, which leads
to the leasing of fixed assets. The Syarikat Nominees Sdn Bhd provides nominee services,
and Syarikat Takaful Malaysia sdn Bhd provides general protection and family business. But
at the same time, BNM has a long-term objective to create an Islamic banking system in line
with the conventional banking system.
Finally, the benefits of standardization are those of the stability of services and
industry efficiencies. However, without it, the Islamic banks will struggle to develop volumes
like its conventional counterparty. The main pre-requisite for the industry is to develop
further and increase its market share in an Islamic bank. The standardization of the practices
across the globe may bring about the Islamic financial industry's further growth and strength.