Shariah Governance is defined as the set of institutional and organisational arrangements

through which an IFI ensures that there is effective independent supervision of, in particular, the
issue and dissemination of Shariah pronouncements, and internal and external Shariah
compliance reviews.

to a set of institutional and organizational arrangements to oversee Shariah compliance

aspects in Islamic Financial Institutions (Zulkifli Hassan)
1

.
govern an organization
Corporate governance as defined is the process to guide, control or

structures and processes adopted by stakeholders in the Islamic Financial Services

Industry to ensure compliance with Shariah rules and principles.
8
the system by which
companies are direct ed and cont rolled.

Agency problem
One of the most crucial challenges in Shariah governance system is the
agency problem. Mudharabah and Musharakah are two famous contracts in
Islamic financial system. Islamic banks represent an agency relation between
the depositors or clients and bank it. Mudarabah contact may create a
complex agency problem. The conflict arises since the bank as Mudarib works
as an agent for the investment holders while the management protects the
shareholder interest. Racha Ghayad, (2008) mentions in his article that,
Mudarabah financing practice in current context does not give investment
account holder any authority to vote or assign the external auditor. As a
result, investment account holders become less influential in this regard. This
may also damage the principal agent relationship in conventional banks with
governance system. The author also argues that the limited rights create
imbalance in the governance structure of IFIs. In the Quran, Allah says, Then
We put you, [O Muhammad], on an ordained way concerning the matter [of
religion]; so follow it and do not follow the inclinations of those who do not
know.(Surah al-Jathiyah: Ayat 18) and surely Allah takes account of all
things (Surah al-Nisa: Ayat 82).
 CONTEMPORARY ISSUES IN ISLAMIC FINANCE

IBF7722

MUNIRAH SALIM

G1626708

GOVERNANCE
DEFINITIO CORPORATE Rules and practices by which a
N: GOVERNANCE: board of directors ensures
(CG) accountability, fairness, and
transparency in a company's
relationship with its all
stakeholders (financiers,
customers, management,
employees, government, and the
community).

SHARIAH The set of institutional and

GOVERNANCE: organisational arrangements
(SG) through which an IFI ensures that
there is effective independent
supervision of, in particular, the
issue and dissemination of Shariah
pronouncements, and internal and
external Shariah compliance
reviews.

SIMILARIT Company movement towards achieving its objective is

Y: properly and systematically guided and controlled.
DIFFEREN ITEMS CG SG
CES: Domain of Rationalism or Rationality Tawhid
Belief
Objectives Protect shareholders and Maqasid al-Shariah
stakeholder rights
Nature of Profit Maximization Reasonable profit
Manageme and promoting
nt Islam
Manageme BOD BOD & SSB
nt Board
Capital & Less restriction in term of Sources must not
Ownership interest involve with interest
Risk Transfer risk to others Share risk &
rewards-PLS
 Paradigm
Taxation Normal Taxation Normal Taxation &
Zakat