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TABLE OF CONTENTS

PART 1: OVERVIEW .................................................................................................................1

1.   Introduction............................................................................................................................ 1

2.   Objectives .............................................................................................................................. 2

3.   Scope of Application ............................................................................................................ 2

4.   Legal Provision...................................................................................................................... 3

5.   Effective Date & Compliance Deadline ............................................................................. 3

6.   Approach................................................................................................................................ 4

PART 2: SHARIAH GOVERNANCE ARRANGEMENTS ................................................... 5

SECTION I: General Requirements of the Shariah Governance Framework ..............5 - 9

SECTION II: Oversight, Accountability & Responsibility............................................. 10 - 14

SECTION III: Independence............................................................................................ 15 - 16

SECTION IV: Competency .............................................................................................. 17 - 18

SECTION V: Confidentiality & Consistency.................................................................. 19 - 21

SECTION VI: Shariah Compliance & Research Functions ................................................22

(i) Shariah Review............................................................................................................. 22 - 23

(ii) Shariah Audit ................................................................................................................ 23 - 25

(iii) Shariah Risk Management........................................................................................ 25 - 26

(iv) Shariah Research....................................................................................................... 26 - 27

APPENDICES ...........................................................................................................................28

Appendix 1: List of Related Guidelines..................................................................................28

Appendix 2: ‘Fit & Proper’ Criteria (person) of the Shariah Committee.................... 29 - 32

Appendix 3: Shariah Committee’s Report .............................................................................33

Appendix 4: Duties, Responsibilities & Accountability of the Shariah Committee.. 34 - 35

Appendix 5: Operation Procedures for the Shariah Committee ................................ 36 - 37

Appendix 6: Secretariat of the Shariah Advisory Council (SAC) ....................................... 38

Appendix 7: Product Development Process ................................................................. 39 - 40

Appendix 8: Application Form of the Shariah Committee........................................... 41 - 48

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PART 1: OVERVIEW

1. Introduction

1.1 Shariah principles are the foundation for the practice of Islamic finance

through the observance of the tenets, conditions and principles espoused by

Shariah. Comprehensive compliance with Shariah principles would bring

confidence to the general public and the financial markets on the credibility of

Islamic finance operations.

1.2 Bank Negara Malaysia (the Bank) places great importance in ensuring that

the overall Islamic financial system operates in accordance with Shariah

principles. This is to be achieved through the two-tier Shariah governance

infrastructure comprising two (2) vital components, which are a centralised

Shariah advisory body at the Bank and an internal Shariah Committee formed

in each respective Islamic financial institution (IFI).

1.3 The Shariah Advisory Council of Bank Negara Malaysia (SAC) is a body

established under section 51 of the Central Bank of Malaysia Act 2009 that

has positioned the SAC as the apex authority for the determination of Islamic

law for the purposes of Islamic financial business. The mandates of the SAC,

among others, are to ascertain the relevant Islamic law on any financial matter

and issue a ruling upon reference made to it, as well as to advise the Bank

and the IFI concerned on any Shariah issues relating to Islamic financial

business operations, activities or transactions.

1.4 At the industry level, the duties and responsibilities of the internal Shariah

Committee in advising the respective IFIs on Shariah matters were further

deliberated in the Guidelines on the Governance of Shariah Committee for the

Islamic Financial Institutions issued in 2004.  T h e  g uidelines are now

superseded in light of new developments in Islamic finance as well as higher

expectation of the key stakeholders of the IFI pertaining to the Shariah

compliance process.

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1.5 The Bank has developed the Shariah governance framework for IFIs with the

primary objective of enhancing the role of the board, the Shariah Committee

and the management in relation to Shariah matters, including enhancing the

relevant key organs having the responsibility to execute t h e  Shariah

compliance and research functions aimed at the attainment of a Shariah-

based operating environment.

2. Objectives

2.1 The Shariah Governance Framework for the Islamic Financial Institutions (the

Framework) is designed to meet the following objectives:

(i) sets out the expectations of the Bank on an IFI’s Shariah governance

structures, processes and arrangements to ensure that all its

operations and business activities are in accordance with Shariah;

(ii) provides a comprehensive guidance to the board, Shariah Committee

and management of the IFI in discharging its duties in matters relating

to Shariah; and

(iii) outlines the functions relating to Shariah review, Shariah audit, Shariah

risk management and Shariah research.

3. Scope of Application

3.1 The Framework shall be applicable to all IFIs regulated and supervised by the

Bank. Any reference to ‘IFI’ for the purpose of the Framework means:

(i) an Islamic bank licensed under Islamic Banking Act 1983 (IBA);

(ii) a takaful and retakaful operator registered under the Takaful Act 1984

(TA);

(iii) a financial institution licensed under the Banking and Financial

Institutions Act 1989 (BAFIA) that participates in the Islamic Banking

Scheme; and

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(iv) a development financial institution prescribed under the Development

Financial Institutions Act 2002 (DFIA) that participates in the Islamic

Banking Scheme.

4. Legal Provision

4.1 The Framework is issued pursuant to section 59 of the Central Bank of

Malaysia Act 2009, section 53A of the IBA, section 69 of the TA, section 126

of the BAFIA and section 126 of the DFIA.

4.2 The Framework shall be read together with the related guidelines listed, but

not limited to, as per Appendix 1.

5. Effective Date & Compliance Deadline

5.1 The Framework shall take effect starting 1 January 2011.

5.2 The IFI shall be given six (6) months from the effective date of the Framework

to comply with all the requirements. Subsequently, each IFI is required to

confirm the status of compliance with the Framework at the end of the six (6)

month period.

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6. Approach

6.1 The Framework is divided into six (6) sections:

Section I
General requirements of the Shariah governance framework

This section outlines the general requirements of the Shariah
governance framework, which describes the essential key
functions or key organs1.

Section II
Oversight, accountability & responsibility

This section outlines the level of accountability and
responsibility expected of the board of directors, Shariah
Committee and management of an IFI.

Section III

Independence

This section aims to safeguard the independence of the Shariah
Committee in ensuring sound Shariah decision-making and
emphasis on the role of the board of directors in recognising the
independence of the Shariah Committee.

Section IV

Competency

This section highlights requirements and expected
competencies to ensure key functions are capable of
implementing Shariah governance.

Section V
Confidentiality & consistency

This section outlines the minimum set of rules that emphasises
the importance of observing and preserving confidentiality, and
improving the level of consistency in decision-making by the
Shariah Committee.

Section VI
Shariah compliance & research functions

This section prescribes the functions of the internal Shariah
review, Shariah audit, Shariah risk management and Shariah
research.

1
  For the purposes of this Framework, key functions or key organs refer to the functions in
implementing Shariah governance at the IFI, i.e. the board, Shariah Committee, management and
Shariah compliance and research functions.

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PART 2: SHARIAH GOVERNANCE ARRANGEMENTS

SECTION I: General Requirements of the Shariah Governance Framework

Principle 1:

It is the duty and responsibility of an IFI to establish a sound and robust

Shariah governance framework with emphasis placed on the roles o f  key

functionalities in ensuring effective implementation of the Shariah governance

framework.

1.1 An IFI carrying out Islamic financial business shall ensure that the aims and

operations of its business are in compliance with Shariah principles at all

times. An end-to-end Shariah compliant2 control mechanism shal l  be

established in all aspects of its business operations to ensure that all activities

are Shariah compliant.

1.2 A sound and robust Shariah governance framework is reflected by effective

and responsible board and management, an independent Shariah Committee

that is both competent and accountable, supported by a strong internal

Shariah research capacity, and monitored through active Shariah review,

Shariah audit and Shariah risk management process.

1.3 The Shariah governance framework of an IFI shall, at the minimum, comprise

the following:

(i) the board oversight on Shariah compliance aspects of the IFI’s overall

operations. The board is ultimately responsible for the establishment of

an appropriate Shariah governance framework of an IFI. In setting up

the Shariah governance framework, the board is expected to

understand the Shariah non-compliance risks3 associated with Islamic

2
  Shariah compliant refers to compliance to Shariah rulings and decisions issued by the SAC and
Shariah Committee of the IFI respectively, and as determined by other relevant bodies.

3
  Shariah non-compliance risks refer to possible failures to meet the obligation to Shariah principles
or in other words, possible incidences of Shariah non-compliances.

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finance business and the issues relating to such risks, as well as the

potential implications to the institution;

(ii) a Shariah Committee w i th  qualified members who are able to

deliberate Islamic finance issues brought before them and provide

sound Shariah decisions. In this regard, every IFI is required to

establish a Shariah Committee of which the majority shall comprise

persons with appropriate qualifications and experience in Shariah;

(iii) effective management responsibilities in providing adequate resources

and capable manpower support to every function involved in the

implementation of Shariah governance, in order to ensure that the

execution of business operations are in accordance with the Shariah;

(iv) an internal Shariah review that is conducted on a continuous basis,

which is a review of processes and deliverables, as well as determining

that such processes and outcomes satisfy the needs of the Shariah;

(v) a regular Shariah audit, at least on an annual basis, verifying that the

IFI’s key functions and business operations comply with Shariah;

(vi) a Shariah risk management process to identify all possible Shariah

non-compliance risks and, where appropriate, remedial measures that

need to be taken to reduce the risk;

(vii) an internal Shariah research team to conduct research on Shariah; and

(viii) issuance and dissemination of Shariah decisions to the relevant

stakeholders4.

1.4 The IFI’s governance framework shall be translated through a set of policies

and procedures that further explains the structure, roles, responsibilities,

accountabilities, and the scope of duties of the various functions within the IFI.

4
  Relevant stakeholders refer to internal and external stakeholders. Internal stakeholders may refer to
the shareholders, the board members, the management of IFI and the staff. External stakeholders
may refer to existing customers of the IFI.

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The IFI’s policies and procedures shall also describe the communication

arrangements among the various functions.

1.5 The Shariah compliance policies and procedures shall also define the course

or method of action(s) an IFI should take to meet the desired objectives and

outcomes, including how Shariah Committee meetings shall be conducted,

how decisions are made and recorded, and how reports shall be prepared

and submitted.

1.6 The IFI shall establish formal reporting channel(s) among the key functions to

ensure that the reporting on Shariah matters is carried out effectively and on

timely manner. In this regard, the Shariah Committee shall functionally report

to the board of directors. The Shariah review function shall report concurrently

to the Shariah Committee and management, and the Shariah audit findings

shall be reported to the Board Audit Committee and Shariah Committee. All

Shariah non-compliance events are to be reported to the board of the IFI and

the Bank.

1.7 Figure 1 illustrates a model structure of roles, functions and reporting

relationships of key organs in the IFI’s Shariah governance framework.

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Figure 1: Shariah Governance Framework Model for Islamic Financial Institutions

1.8 The need to establish Shariah compliance and research functions within the

organisation will depend on the size, complexity and nature of the business

operations of the institution. Smaller, less complex institutions5 may resort to

other alternatives or means, e.g. outsourcing, subject to the approval of the

Bank. In this regard, the institution shall apply to the Bank and provide an

alternative structure, and the manner in which these key functions will be

carried out. Any approval given by the Bank shall be an interim approval for a

term not exceeding three (3) years, and may be subject to review from time to

time. However, the accountability to ensure Shariah compliance shall remain

with the IFI’s board. The entity may apply for a fresh application two (2)

months before the expiry of the interim approval.

5
  Refers strictly to International Islamic Bank, International Takaful Operator, International Currency
Business Unit and Islamic windows for banking institutions.

Shariah
as overarching principle in Islamic finance

BOARD AUDIT
COMMITTEE

BOARD RISK
MANAGEMENT

COMMITTEE

Shariah Risk
Management Control
Function

Identify, measure, monitor,
report & control Shariah
non-compliance risk

SHARIAH COMMITTEE

Oversight accountability on

Shariah related matters

Shariah Research
Function

Conduct in-depth Shariah
research prior to
submission to the Shariah

Committee

BOARD

Overall oversight on
Shariah governance
structure & Shariah

compliance

MANAGEMENT

§ Ensure executions of business & operations
are in accordance with Shariah principles

§ Provide necessary support to the Shariah
Committee

Shariah Audit
Function

Provide independent
assessment & objective
assurance designed to
value add & improve IFI’s
compliance with Shariah

Shariah Compliance and Research Functions

Shariah Review
Function

Review business
operations on regular basis
to ensure Shariah

compliance

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Shariah Committee within a Financial Group

1.9 A financial group is allowed to establish a single Shariah Committee to serve

the entire group. Given that the establishment of the Shariah Committee is a

statutory requirement under IBA and TA, each licensed institutions within the

financial group may apply for an exemption from the Bank if the financial

group wishes t o  establish a single Shariah Committee to serve the whole

group. An exemption shall only be granted to the IFI if the Bank is satisfied

that the group Shariah Committee is able to demonstrate that it is sufficiently

capable of serving the needs of the whole financial group.

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SECTION II: Oversight, Accountability & Responsibility

Principle 2:

An IFI shall set out the accountability and responsibility of every key

functionary involved in the implementation of Shariah governance framework.

Board of Directors

2.1 The board is ultimately accountable and responsible on the overall Shariah

governance framework and Shariah compliance of the IFI, by putting in place

the appropriate mechanism to discharge the aforementioned responsibilities.

The board is also expected to perform diligent oversight over the effective

functioning of the IFI’s Shariah governance framework and ensure that the

framework commensurates with the size, complexity and nature of its

business.

2.2 The board, upon consultation with the Shariah Committee shall approve all

policies relating to Shariah matters and is expected to ensure that such

policies are implemented effectively.

2.3 The Shariah Committee members shall be appointed by the board upon the

recommendation of its Nomination Committee. The number of Shariah

Committee members to be appointed must not be less than five (5), the

majority of whom must possess strong knowledge in Shariah and backed by

the appropriate qualifications in that area.6 The board must ensure that the

Shariah Committee members are aware of their fiduciary responsibilities in

discharging their duties.

2.4 The board may consider appointing at least one (1) member of the Shariah

Committee as a member of the board that could serve as a ‘bridge’ between

the board and the Shariah Committee. The presence of a director with sound

Shariah knowledge would foster greater understanding and appreciation

6
  Refer to Appendix 2 on the appointment and qualifications of the Shariah Committee members.

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amongst the board members on the decisions made by the Shariah

Committee.

2.5 The board must ensure that an effective communication policy among the key

functions of the IFI is in place to facilitate smooth escalation of material

matters relating to Shariah to the board. The communication policy should

also ensure that staff in the IFI is fully aware on the need to observe the

Shariah requirements at all times.

2.6 The board shall remunerate the Shariah Committee members appropriately

as advised by its Remuneration Committee. Such remuneration shall reflect,

and be commensurate with, the accountability, duties and responsibilities of

the Shariah Committee.

Shariah Committee

2.7 The Shariah Committee shall be responsible and accountable for all its

decisions, views and opinions related to Shariah matters. While the board

bears the ultimate responsibility and accountability on the overall governance

of the IFI, the board is expected to rely on the Shariah Committee on  all

Shariah decisions, views and opinions relating to the business of the IFI. As

the Shariah decisions, views and opinions bind the operations of the IFI, the

Shariah Committee is expected to rigorously deliberate the issues at hand

before arriving at any decisions.

2.8 The Shariah Committee is expected to perform an oversight role on Shariah

matters related to the institution’s business operations and activities. This

shall be achieved through the Shariah review and the Shariah audit functions.

Regular Shariah review reports and the Shariah audit observations should

enable the Shariah Committee to identify issues that require its attention and

where appropriate, to propose corrective measures.

2.9 In discharging its duties, the Shariah Committee is expected to disclose

sufficient information in the IFI’s annual financial report on the state of

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compliance of the IFI7, as per the requirements under the Guidelines on

Financial Reporting for Licensed Islamic Banks (GP8-i) and Guidelines on

Financial Statements for Takaful Operators (GPT6).

2.10 Further requirements on the duties and responsibi l i t ies of the Shariah

Committee and the operation procedures for the Shariah Committee are

detailed out in Appendix 4 and Appendix 5 respectively.

Management

2.11 The management shal l  be responsible for observing and implementing

Shariah rulings and decisions made by the SAC and the Shariah Committee

respectively. The management is also responsible to identify and refer any

Shariah issues to the Shariah Committee for decisions, views and opinions.

2.12 Given that the accountability of Shariah decisions rests with the Shariah

Committee, the management is expected to provide information and

disclosure which are complete and accurate to the Shariah Committee in a

timely manner, and shall be transparent on any areas that need clarification

by the Shariah Committee to enable the Shariah Committee to discharge its

duties effectively.

2.13 It is the responsibility of management to allocate adequate resources and

manpower to support the Shariah governance framework that commensurates

with the size, complexity and nature of the IFI’s business. The infrastructure

and resources to be provided shall include, among others, budget allocation,

reference and research materials, trainings and development, etc.

2.14 The management is responsible to provide continuous learning and training

programs to  the key internal stakeholders including the board, the Shariah

Committee, and the relevant staff in Shariah and finance matters. This is to

ensure that every function in the Shariah governance framework is sufficiently

exposed to current developments in Shariah related matters.

7
  The example of minimum annual disclosure is given in Appendix 3.

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2.15 It is the responsibility of the management to develop and adopt a holistic

culture of Shariah compliance within the organisation. A holistic culture of

Shariah compliance refers to the way in which the IFI complies with Shariah

principles in its overall Islamic financial business operations. For example, the

management should regularly remind the frontline staff on the importance of

Shariah and the impact to the IFI if Shariah principles and practices are not

observed, and to always place the Shariah as the overarching requirement in

the formulation of any procedures and activities relating to Islamic financial

business carried out by the IFI. In addition, all relevant staff are expected to

be conversant on Islamic products offered by the IFI, as well as the underlying

Shariah concepts and the similarities and differences with conventional

products and concepts.

2.16 The management must ensure that Shariah policies and procedures are

accessible at all times to those involved in the implementation of Shariah

governance and the Shariah policies and procedures shall provide clarification

on matters related to the end-to-end process of Shariah governance in the IFI.

The management shall also be responsible in ensuring that the operations are

executed according to the policies and procedures, and to constantly review

and update the policies and procedures to reflect current market practices and

developments.

2.17 In the event the management becomes aware that certain operations are

found to be carrying out business(es) which is(are) not in compliance with

Shariah, or against the advice of its Shariah Committee or the rulings of the

SAC, the management shall:

(i) immediately notify the board and Shariah Committee as well as the

Bank of the fact;

(ii) immediately cease to take on any new business related to the Shariah

non-compliant business; and

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(iii) within thirty (30) days of becoming aware of such non-compliance or

such further period as may be permitted by the Bank, furnish a plan to

rectify the s tate of  non-compliance with the Shariah, to be duly

approved by the board and endorsed by the Shariah Committee.

2.18 In cases where the Bank has reason to believe that an IFI is carrying on

operations that are non-compliant with Shariah, the Bank may direct and

require rectification measures to be instituted by the IFI.

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SECTION III: Independence

Principle 3:

Independence of the Shariah Committee shall be observed at all times in

exercising their duties to make objective and informed judgment.

3.1 The board shall recognise the independence of the Shariah Committee and

ensure that the committee is free from any undue influence that would hamper

the Shariah Committee from exercising objective judgment in deliberating

issues brought before them. Correspondingly, the Shariah Committee is

expected to make sound decisions on Shariah matters in an independent and

objective manner.

3.2 The Shariah Committee shall report directly to the board and regularly inform

the board on relevant Shariah matters.

3.3 The board shall ensure that decisions made by the Shariah Committee are

duly observed and implemented by the IFI.   Decisions made by the Shariah

Committee should not be set aside or modified without its consent.

3.4 The Shariah Committee shall have access to accurate, timely and complete

information from the management. If the information provided is insufficient,

the Shariah Committee may request for additional information which shall be

duly provided by the management.

3.5 In the event where the Shariah Committee is not provided with the required

information, the board shall be informed of the fact and appropriate action

shall be taken to rectify the situation. Where appropriate, the board shall

consider taking the necessary punitive measures against parties who

intentionally failed to extend the required information.

3.6 Where the Shariah Committee has reason to believe that the IFI has been

carrying on Shariah non-compliant activities, the Shariah Committee shall

inform the board and to recommend suitable measures to rectify the situation.

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3.7 In cases where Shariah non-compliant activities are not effectively or

adequately addressed or no rectification measures are made by the IFI, the

Shariah Committee shall inform the Bank of the fact.

3.8 All appointment including reappointment, resignation and removal of the

Shariah Committee members shall be made by the board, subject to the

approval by the Bank and the SAC.

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SECTION IV: Competency

Principle 4:

Any person bearing responsibilities outlined in the Shariah governance

framework for a n  I F I  shall possess the necessary competency and

continuously enhance their knowledge and understanding on the Shariah as

well as keep abreast on the latest developments in Islamic finance.

4.1 The board and management are expected to have reasonable understanding

on the principles of the Shariah and its broad application in Islamic finance.

The Shariah Committee is expected to have sufficient knowledge on finance

in general, and Islamic finance in particular, to enable the Shariah Committee

to comprehend Shariah issues brought before them. The Shariah Committee

members are expected to constantly equip themselves with relevant

knowledge on Shariah and finance as well as attend relevant training

programs.

4.2 The IFI shall develop a set of fit and proper criteria for the appointment of any

Shariah Committee member, using the minimum criteria set by the Bank8 as a

base to ensure that only competent persons are appointed as Shariah

Committee members. The competency and credibility of the Shariah

Committee members provide the assurance that the IFI’s operations are being

monitored by a credible and competent committee. The Bank may prescribe

other criteria or requirements in addition to those set by the IFI, as and when

the Bank considers it necessary.

4.3 The IFI shall engage other professionals such as lawyers, accountants and

economists to provide appropriate assistance and advice to the Shariah

Committee, especially regarding issues on law and finance.

8
  Refer to Appendix 2 on ‘Fit & Proper’ Criteria (person) of the Shariah Committee set by Bank
Negara Malaysia.

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4.4 The IFI is required to adopt a formal process of assessing the performance of

the Shariah Committee members. The assessment9 should be designed to

evaluate individual performance based on the competence, knowledge,

contribution and overall effectiveness of the Shariah Committee members on

Shariah deliberations. The process should also identify relevant gaps to

enable proper training and exposure for the Shariah Committee members.

4.5 The IFI should develop a succession planning program for the Shariah

Committee members by identifying, hiring and nurturing new members with

the view to entrusting them with greater responsibilities as and when

appropriate.

9
  The assessment shall be undertaken by the appropriate committee in the IFI that has been
established for similar function by the board.

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SECTION V: Confidentiality & Consistency

Principle 5:

Internal and privileged information obtained by the Shariah Committee

members in the course of their duties shall be kept confidential at all times and

shall not be misused.

5.1 The Shariah Committee shall be given the necessary access to files, records,

draft materials and conversations, including those categorised as confidential,

so long as the information is related to the work undertaken by the committee.

The relevant information must be that which is critical for the Shariah

Committee to form its decisions, views and opinions on matters brought to its

attention. In this regard, it is the responsibility of the individual Shariah

Committee to observe the principle of confidentiality at all times. Confidential

or sensitive information obtained by any member of the Shariah Committee

while serving his or her duties shall not be used in any manner that could be

detrimental to the IFI.

5.2 Confidential information is information received by members of the Shariah

Committee that is not public in nature and has not been authorised to be

made public. Confidential information includes, but is not limited to, the

following:

(i) information on the development of new products and services;

(ii) decisions of the board or management;

(iii) internal memorandums or reports prepared in connection with matters

presented, or to be presented to the Shariah Committee;

(iv) the content or occurrence of conversations among members of the

Shariah Committee concerning matters deliberated in the meeting and

representatives of the IFI;

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(v) the progress status on a business transaction or action that has not

been made public;

(vi) views expressed by various parties in the course of discussions on a

particular matter deliberated by the Shariah Committee; and

(vii) any subject matter that the IFI has indicated should not be revealed,

such as internal policies and procedures.

5.3 Notwithstanding the above, the Shariah Committee will not be regarded as

breaching the confidentiality and secrecy code if the sensitive information

were disclosed to the Bank in good faith when reporting serious breaches of

Shariah by the IFI.

5.4 IFI shall not appoint any member of its Shariah Committee from a Shariah

Committee of another IFI within the same industry10. This is to ensure that the

committee member would be more focused, avoiding conflict of interest and

maintaining the confidentiality of information.

Principle 6:

Professional ethics, judgment and consistency shall be maintained in ensuring

Shariah compliance.

6.1 In ensuring the quality and consistency of the Shariah decisions, the Shariah

Committee is expected to develop a structured process in arriving at Shariah

decisions which must be documented, adopted and maintained at all times to

ensure the credibility of decision-making and protect the committee from

undue influences.

6.2 Members of the Shariah Committee must not act in a manner that would

undermine the rulings and decisions made by the SAC or the committee they

represent. They are required to respect and observe the published Shariah

10

 IFIs regulated under the IBA and BAFIA are classified as ‘Islamic banking industry’, whilst IFIs
regulated under the TA are classified as ‘takaful industry’.

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rulings issued by the SAC and shall not go against the decisions of the

committee that they represent in public.

6.3 In cases where there are uncertainties and differences of opinions, the IFI

may seek advice and refer for a ruling from the SAC11.

6.4 In cases of disputes and court proceedings relating to Islamic financial

business or any Shariah issues arising from the IFI’s business operations,

both the court and the arbitrator shall take into consideration the published

rulings of the SAC or refer such issues to the SAC for its ruling. Any ruling

made by the SAC arising from a reference made shall be binding on the IFIs

and the court or the arbitrator. In the event where the decision given by the

IFI’s Shariah Committee is different from the ruling given by the SAC, the

rulings of the SAC shall prevail. However, the Shariah Committee is allowed

to adopt a more stringent Shariah decision.

11

 Request for advice shall be communicated through the Secretariat of the SAC as provided in
Appendix 6.

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SECTION VI: Shariah Compliance & Research Functions

Principle 7:

There shall be a robust Shariah compliance function, comprising review and

audit functions, supported by risk management control process and internal

research capacity.

7.1 The IFI shall establish Shariah compliance functions to be carried out through

the review and audit functions, and supported by the risk management control

function and internal research capabilities.

7.2 In the event that any part of these functions is outsourced, the oversight,

accountability and responsibility over these functions must remain with the IFI.

The IFI must also ensure that the independence, competency, control,

management reporting structures and activities of these functions meet the

requirements of the Framework.

(i) Shariah Review

7.3 The Shariah review function refers to regular assessment on Shariah

compliance in the activities and operations of the IFI by qualified Shariah

officer(s)12, with the objective o f  ensuring that the activities and operations

carried out by the IFI do not contravene with the Shariah.

7.4 The function involves the examination and evaluation of the IFI’s level of

compliance to the Shariah, remedial rectification measures to resolve non-

compliances and control mechanism to avoid recurrences.

7.5 The scope shall cover the IFI’s overall business operations, including the end-

to-end product development process13, which start from product structuring to

product offering.

12

 A qualified Shariah officer is an officer who holds at least a bachelor’s degree in Shariah, which
includes study in Usul Fiqh  (the origin of Islamic law) and Fiqh Muamalat ( Is lamic
transaction/commercial law).

13
 Refer to the product development process in Appendix 7.

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7.6 The review process shall cover, but is not limited to, the following:

(i) planning the review program which includes the objectives, scope,

reporting, rectification and follow-up actions followed by the execution

of the program;

(ii) documentation of the processes involved in the review;

(iii) communicating the outcome o f  the review and highlighting any non-

compliances to the Shariah Committee and the management; and

(iv) rectifying any instances of non-compliance with the Shariah to prevent

such events from recurring.

(ii) Shariah Audit

7.7 Shariah audit refers to the periodical assessment conducted from time to time,

to provide an independent assessment and objective assurance designed to

add value and improve the degree of compliance in relation to the IFI’s

business operations, with the main objective of ensuring a sound and effective

internal control system for Shariah compliance.

7.8 The function shall be performed by internal auditors, who have acquired

adequate Shariah-related knowledge and training. In addition, the internal

auditors may engage the expertise of the IFI’s Shariah officers in performing

the audit, as long as the objectivity of the audit is not compromised.

7.9 For group structure, the capabilities of the group’s internal Shariah audit

function should be augmented in line with its responsibilities of serving several

financial entities in the group.

7.10 Shariah audit may be conducted as part of the IFI’s thematic audit on

specialised areas such as management audit and Anti-Money Laundering

(AML) audit ,  according to the risk level and materiality of the impact of

Shariah non-compliance in these areas. Shariah audit on critical areas shall

be conducted at least once a year depending on the risk profile of the IFI.

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7.11 The Board Audit Committee, upon consultation with the Shariah Committee

shall determine the deliverables of the Shariah audit function. The

deliverables shall be consistent with accepted auditing standards.

7.12 The scope of Shariah audit shall cover all aspects of the IFI’s business

operations and activities, including:

(i) audit of financial statements of the IFI14;

(ii) compliance audit on organisational structure, people, process and

information technology application systems; and

(iii) review of adequacy of the Shariah governance process.

7.13 The process of Shariah audit shall be designed to enable the IFI to assess

whether a sound and effective internal control system for Shariah compliance

have been implemented, which should cover, but is not limited to,  the

following:

(i) understanding the business activities of the IFI to allow for  better

scoping of an audit exercise, i.e. auditability and relevance of activities;

(ii) developing a comprehensive internal audit program or plan. The

program shall include objectives, scope, personnel assignment,

sampling, control and duration as well as establish proper audit

processes, policies and procedures of IFI’s operations;

(iii) obtaining and making reference to relevant sources, including the

SAC’s published rulings, the Shariah Committee’s decisions, fatwas,

guidelines, the Shariah audit results and the internal Shariah checklist;

(iv) conducting Shariah audit on a periodical basis;

14

 In the event where the audit is undertaken by external auditors, IFI has to be satisfied that the
scope of audit by the external auditor with regard to Shariah audit is comprehensive.

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(v) communicating results of any assessment or findings arising from the

Shariah audit t o  t h e  Board Audit Committee and the Shariah

Committee; and

(vi) providing recommendations on rectification measures taken as well as

following-up on the implementation by the IFI.

7.14 The Bank may appoint or employ an external party or person to conduct a

Shariah audit on the operations of the IFI, if the Bank considers it is desirable

or in the interest of the IFI to do so, in which case the remuneration and

expenses relating to the appointment shall be borne by the IFI.

(iii) Shariah Risk Management

7.15 Shariah risk management is a function to systematically identify, measure,

monitor and control of Shariah non-compliance risks to mitigate any possible

of non-compliance events. The systematic approach of managing Shariah

non-compliance risks will enable the IFI to continue its operations and

activities effectively without exposing the IFI to unacceptable levels of risk.

7.16 The Shariah risk management control function shall form as part of the IFI’s

integrated risk management framework.

7.17 Due to the technicality and complexity in managing the risk of non-compliance

to the Shariah, the function shall be performed by risk officers that have

suitable qualifications and/or experience in the subject matter.

7.18 Shariah risk management function involves:

(i) facilitating the process of identifying, measuring, controlling and

monitoring Shariah non-compliance risks inherent in the IFI’s

operations and activities;

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§ Identifying and understanding the inherent Shariah non-compliance

risks15 in the IFI, taking into account existing controls that have

been put in place and their effectiveness in mitigating such risks;

§ Measuring the potential impact of such risks to the IFI, based on the

historical and actual de-recognition of income derived from Shariah

non-compliant activities;

§ Monitoring of Shariah non-compliance risks to facilitate efficient and

effective management of such risks. A report on the Shariah non-

compliance risks indicators shall be escalated to the board, Shariah

Committee and management periodically; and

§ Controls to avoid recurrences. This involves keeping track of

income not recognised arising from Shariah non-compliant activities

and assessing the probability of similar cases arising in the future.

Based on historical reviews and potential areas of Shariah non-

compliance, the IFI may assess potential profits that cannot be

recognised as eligible.

(ii) formulating and recommending appropriate Shariah non-compliance

risk management policies and guidelines; and

(iii) developing and implementing processes for Shariah non-compliance

risk awareness in the IFI.

(iv) Shariah Research

7.19 Apart from institutionalising a robust Shariah compliance function, there shall

be an internal unit comprising qualified Shariah officers to conduct pre-product

approval process, research, vetting of issues for submission, and undertake

administrative and secretarial matters relating to the Shariah Committee.

15

 The IFI shall take into account reputational risk as one of the possible risk implication of non-
compliance with the Shariah principles, which includes failure to provide transparency and full
disclosure. Furthermore, non-compliance to sound corporate governance and prudent management
of risk-based information will also trigger reputational risk to the IFI.

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7.20 Shariah research and secretariat functions shall ensure proper deliberation

and dissemination of Shariah related matters.

Shariah Research

7.21 This function refers to the conduct of performing in-depth research and

studies on Shariah issues, including providing day-to-day Shariah advice and

consultancy to relevant parties, including those involved in the product

development process(es).

7.22 The function shall be performed by qualified Shariah officers and the scope of

work shall predominantly cover aspects of the Shariah. However, the function

also requires experts on legal, operational, and other related aspects or

issues to form part of the presentation to the Shariah Committee. For

example, a thorough research may be needed to review new products and

business developments.

7.23 In undertaking such research, advice and input from experts on technical

matters e.g. actuaries, accountants may be sought to ensure

comprehensiveness and completeness in ensuring sound understanding of

the relevant concepts and approaches.

7.24 In terms of advisory and consultancy roles, the function shall assist and

provide advice to the relevant parties based on the decision of the Shariah

Committee. For example, advice may be offered on the list of permissible

investments, e.g. selection of permissible shares or stocks in the Bursa

Malaysia stock market.

Shariah Secretariat

7.25 An IFI is required to establish a secretariat to serve the Shariah Committee.

7.26 The role of the secretariat shall include coordinating meetings, compiling

proposal papers, disseminating Shariah decisions to relevant stakeholders

and engaging with relevant parties who wish to seek further deliberations of

issues from the Shariah Committee.

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APPENDICES

Appendix 1: List of Related Guidelines

List of related guidelines:

Guidelines on Corporate Governance for Licensed Islamic

Banks (GP1-i) (BNM/RH/GL/002-1)
24 January 2007

Guidelines on Directorship for Takaful Operators

(BNM/RH/GL/004-1)
8 November 2004

Guidelines on Financial Reporting for Licensed Islamic

Banks (BNM/RH/GL/002-2)
1 July 2005

Guidelines on Internal Audit Function of Licensed Institutions

(BNM/RH/GL 013-4)
1 July 2010

Guidelines on Introduction of New Products (BNM/RH GL

008-3)
18 May 2009

Guidelines on Introduction of New Products for Insurance

Companies and Takaful Operators (BNM/RH/GL 010-14)
1 July 2009

Guidelines on Outsourcing of Islamic Banking Operations

(BNM/RH/GL/002-4)
23 June 2003

Guidelines on Outsourcing for Takaful Operators

(BNM/RH/GL/004-8)
22 July 2008

List of superseded guidelines and circulars:

Guidelines on the Governance of Shariah Committee for the

Islamic Financial Institutions (BNM/RH/GL/012-1)
1 April 2005

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Appendix 2: ‘Fit & Proper’ Criteria (person) of the Shariah Committee

Appointment of the Shariah Committee

1. The board shall, upon recommendation of its Nomination Committee,

nominate the appointment of the members of the Shariah Committee.

2. The appointment and reappointment of a Shariah Committee member shall

obtain prior written approval of the Bank and the SAC.

3. In approving the appointment and reappointment, the Bank may impose

necessary conditions it deems fit in addition to the requirements in the

Framework. Failure to comply with any conditions shall nullify the approval.

Application Procedures of the Shariah Committee

1. In processing the application of a Shariah Committee member, a vetting shall

be conducted to ensure that the proposed Shariah Committee member is a ‘fit

and proper’ person. Similar vetting shall also be conducted for their

reappointments.

2. Upon expiry of the term and until the Bank grants approval for renewal of term

of the Shariah Committee member, the Shariah Committee member is not

considered as a Shariah Committee member and is not allowed to perform his

role as Shariah Committee member of the said IFI.

3. IFI must refrain from making any public announcements about any proposed

changes of its Shariah Committee prior to obtaining the Bank’s written

consent for the proposed changes.

4. The application for the appointment or reappointment of members of the

Shariah Committee shall be submitted to the Bank at least sixty (60) days

before the proposed date of appointment. The application shall be made in

the form BNM/JKS 1 as enclosed in Appendix 8.

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Resignation and Dismissal of the Shariah Committee

1. An IFI shall notify the Bank of any resignation or dismissal of a member of the

Shariah Committee within fourteen (14) days of the date of resignation or

dismissal, stating the reasons of such resignation or dismissal.

2. The resignation or dismissal will only take effect upon approval from the Bank

and the SAC.

Qualification

1. A member of a Shariah Committee shall be a Muslim individual. A company,

institution or body shall not constitute a Shariah Committee for the purpose of

the Framework.

2. The majority of members in the Shariah Committee shall at least hold

bachelor’s degree in Shariah, which includes study in Usul Fiqh (the origin of

Islamic law) or Fiqh Muamalat ( Islamic transaction/commercial law) from

recognised university.

3. It is reasonable to expect that the majority members of the Shariah Committee

should be able to demonstrate strong proficiency and knowledge in written

and verbal Arabic, and have good understanding in Bahasa Malaysia and the

English language.

4. The Shariah Committee may comprise experts from relevant backgrounds

such as finance and law, which could support the depth and breadth of the

Shariah deliberations. However, these members must not form the majority of

the Shariah Committee.

5. The Shariah Committee preferably shall comprise members of diverse

backgrounds in terms of qualification, experience and knowledge.

Disqualification

1. The members of the Shariah Committee shall be persons of acceptable

reputation, character and integrity. The Bank together with the approval from

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the SAC, reserves the right to disqualify any member who fails to meet the

requirements. In particular, any member may be disqualified due to any of the

following breaches:

i) acted in a manner which may cast doubt on his fitness to hold the position

as a Shariah Committee member;

ii) failed to attend 75% of the Shariah Committee meetings in a year without

reasonable excuse;

iii) declared a bankrupt or a petition under bankruptcy laws is filed against

him;

iv) found guilty for any serious criminal offence or any other offence

punishable with imprisonment of one (1) year or more; or

v) subject to any order of detention, supervision, restricted residence or

banishment.

2. In the event that a Shariah Committee member becomes subject to any

ground of disqualification or otherwise becomes unfit to hold such

appointment as provided in the Framework, and/or in the letter of approval

from the Bank and SAC, the IFI shall terminate the appointment of the

Shariah Committee member.

Negative List

1. The Shariah Committee member shall not have any relationship, that could

interfere or be reasonably perceived to interfere with the exercise of

independent judgment, with the following persons:

i) an immediate family member such as spouse, children or siblings who are,

or who were during the last financial year, employed by the IFI or any of its

related companies as a chief executive officer (CEO) or non-independent

board members; and

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ii) a substantial shareholder of, or a partner in (with a stake of 5% or more),

or an executive officer of, or a director of any for-profit business

organisation to which the IFI or any of its subsidiaries made, or from which

the IFI or any of its subsidiaries received, significant payments in the

current or immediate past financial year.

2. The Shariah Committee member shall not be:

i) an employee of the IFI or any of its related companies for the current or

the last financial year; and

ii) a Shariah Committee member of another IFI within the same industry.

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Appendix 3: Shariah Committee’s Report

Shariah Committee’s Report

In the name of Allah, the Beneficent, the Merciful

In compliance with the letter of appointment, we are required to submit the following report:

We have reviewed the principles and the contracts relating to the transactions and applications
introduced by the ABC Islamic Financial Institution during the period ended XX/XX/XXXX. We have also
conducted our review to form an opinion as to whether the ABC Islamic Financial Institution has
complied with the Shariah principles and with the Shariah rulings issued by the Shariah Advisory
Council of Bank Negara Malaysia, as well as Shariah decisions made by us.

The management of ABC Islamic Financial Institution is responsible for ensuring that the financial
institution conducts its business in accordance with Shariah principles. It is our responsibility to form an
independent opinion, based on our review of the operations of the ABC Islamic Financial Institution, and
to report to you.

We have assessed the work carried out by Shariah review and Shariah audit which included examining,
on a test basis, each type of transaction, the relevant documentation and procedures adopted by the
ABC Islamic Financial Institution.

We planned and performed our review so as to obtain all the information and explanations which we
considered necessary in order to provide us with sufficient evidence to give reasonable assurance that
the ABC Islamic Financial Institution has not violated the Shariah principles.

In our opinion:

1. the contracts, transactions and dealings entered into by the ABC Islamic Financial Institution
during the year ended XX/XX/XXXX that we have reviewed are in compliance with the Shariah
principles;

2. the allocation of profit and charging of losses relating to investment accounts conform to the
basis that had been approved by us in accordance with Shariah principles;

(where appropriate, the opinion paragraph shall also include the following matters:)

3. all earnings that have been realised f rom sources or by means prohibited by the Shariah
principles have been considered for disposal to charitable causes; and

4. the calculation of zakat is in compliance with Shariah principles.

We, the members of the Shariah Committee of ABC Islamic Financial Institution, do hereby confirm that
the operations of the ABC Islamic Financial Institution for the year ended XX/XX/XXXX have been
conducted in conformity with the Shariah principles.

Chairman of the Shariah Committee: ………………………………

     (Name:   )

Shariah Committee:    ………………………………

     (Name:   )

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Appendix 4: Duties, Responsibilities & Accountability of the Shariah

Committee

The main duties and responsibilities of the Shariah Committee are as follows:

1. Responsibility and accountability

The Shariah Committee is expected to understand that in the course of

discharging the duties and responsibilities as a Shariah Committee member,

they are responsible and accountable for all Shariah decisions, opinions and

views provided by them.

2. Advise to the board and IFI

The Shariah Committee is expected to advise the board and provide input to

the IFI on Shariah matters in order for the IFI  to comply with Shariah

principles at all times.

3. Endorse Shariah policies and procedures

The Shariah Committee is expected to endorse Shariah policies and

procedures prepared by the IFI and to ensure that the contents do not contain

any elements which are not in line with Shariah.

4. Endorse and validate relevant documentations

To ensure that the products of the IFI comply with Shariah principles, the

Shariah Committee must approve:

i) the terms and conditions contained in the forms, contracts, agreements or

other legal documentations used in executing the transactions; and

ii) the product manual, marketing advertisements, sales illustrations and

brochures used to describe the product.

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5. Assess work carried out by Shariah review and Shariah audit

To assess the work carried out by Shariah review and Shariah audit in order

to ensure compliance with Shariah matters which forms part of their duties in

providing their assessment of Shariah compliance and assurance information

in the annual report.

6. Assist related parties on Shariah matters

The related parties of the IFI such as its legal counsel, auditor or consultant

may seek advice on Shariah matters from the Shariah Committee and the

Shariah Committee is expected to provide the necessary assistance to the

requesting party.

7. Advise on matters to be referred to the SAC

The Shariah Committee may advise the IFI to consult the SAC on Shariah

matters that could not be resolved.

8. Provide written Shariah opinions

The Shariah Committee is required to provide written Shariah opinions in

circumstances where the IFI make reference to the SAC for further

deliberation, or where the IFI submits applications to the Bank for new product

approval16.

16

 In accordance with the Guidelines on Introduction of New Products for banking institutions and
Guidelines on Introduction of New Products for Insurance Companies and Takaful Operators,
issued by Bank Negara Malaysia.

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Appendix 5: Operation Procedures for the Shariah Committee

Frequency of Meetings and Attendance

1. Meetings shall be held regularly to ensure that:

i) the Shariah Committee is kept sufficiently in touch with the business of the

IFI; and

ii) the operations of the IFI are not adversely affected because of the difficulty

in securing the Shariah Committee’s approval for policy and decision.

2. The Shariah Committee meetings shall be held at least once in every two (2)

months.

3. The Shariah Committee member is expected to contribute and allocate

adequate time and efforts to discharge his duties effectively. The Shariah

Committee member must attend at least 75% of the Shariah Committee

meetings held in each financial year. Where necessary, the participation of

the Shariah Committee can be facilitated by means of video or telephone

conferencing.

4. The number of Shariah Committee meetings held in the year, as well as the

attendance of every Shariah Committee member shall be disclosed in the

IFI’s annual report.

Minimum Quorum

1. The minimum quorum of a Shariah Committee meeting shall be two-third with

majority of attending members must be members with Shariah background.

Decision-making

1. Decisions shall be made on the basis of two-third of the members present,

with major i ty  of the two-third votes shall be members with Shariah

background.

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Chairman

1. Chairman of the Shariah Committee shall be a member with qualified Shariah

background.

2. In the event that the Chairman of the Shariah Committee is unable to attend

the meeting, the members shall elect one (1) member among themselves to

become the a lternate Chairman to preside over the meeting. The alternate

Chairman shall be a member with qualified Shariah background.

Reporting

1. The Shariah Committee shall put on record in its report or statements directed

to the board, its concerns over any Shariah non-compliance issues.

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Appendix 6: Secretariat of the Shariah Advisory Council (SAC)

1. Any reference or request for advice of the Shariah Advisory Council of Bank

Negara Malaysia (SAC) shall be communicated through the Secretariat at

Bank Negara Malaysia. All correspondence shall be directed to:

Pengarah
Jabatan Perbankan Islam dan Takaful
Bank Negara Malaysia
Jalan Dato' Onn
50480 Kuala Lumpur
(Attn.: Secretariat Shariah Advisory Council)
Tel: 03 - 2698 8044 / Fax: 03 - 2693 3826

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Appendix 7: Product Development Process

1. One of the major deliverables of every IFI is the offering of Shariah compliant

financial products to the market to meet the demand of the customers. In this

regard, the IFI must ensure that the product development process is

comprehensive and robust to minimise possibilities of the product to be

nullified on Shariah grounds.

2. Generally, Shariah non-compliance may occu r  d u r i n g  the product

development process that could originate from improper structuring of

products, lack of internal research in understanding the appropriate Shariah

concepts, and misrepresentation of the product at issuance or marketing

stage of the product.

3. The IFI must acknowledge that managing a Shariah-based institution has to

be a continuous process, and it requires the IFI to have in place adequate and

appropriate measures and controls, including risk-mitigating instruments that

could address or mitigate Shariah non-compliance instances.

4. Therefore, the IFI is expected to refer all Shariah issues related to its end-to-

end product development design and process to the Shariah Committee. The

requirement for an advice or a decision must be made in a comprehensive

manner for effective deliberation by the Shariah Committee. This will include

explaining the process involved, documents used and other necessary

information.

5. All new products shall be certified by the Shariah Committee and must be

backed by the relevant fiqh literature, evidence and reasoning. There shall be

rigorous deliberation process among the Shariah Committee as well as

detailed scrutiny of the legal contracts and other documents relevant to the

products or transactions.

6. Product development covers both pre-product approval (i.e. process of

product structuring and developing prior to introduction to the market) and

post-product approval process (i.e. process after the product has been offered

to the customers and transactions have been carried out).

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Pre-product Approval

i) Pre-product approval process involves namely the issuance of Shariah

decisions, product structuring or design processes backed by

comprehensive Shariah research, vetting of contracts and agreements as

well as compliance checks before the product is offered to the customers.

ii) There shall be a formal and transparent procedure for issuance of Shariah

decisions which are well documented and approved by the board and

Shariah Committee.

iii) An IFI shall ensure that the pre-product approval process includes, among

others, a review of the concept, structure, term sheet, documentations,

policies and procedures, pamphlets, brochures and advertising materials.

The documents shall be approved by the Shariah Committee of the IFI.

Post-product Approval

i) Post-product approval process involves monitoring product implementation

to ensure compliance with Shariah principles, identifying the area of

potential Shariah non-compliance risks and proposing the relevant actions

to the management.

ii) An IFI must ensure that post-product approval in its Shariah governance

framework also includes internal Shariah review and Shariah governance

reporting. Without such follow-up, the IFI would not be able to monitor the

consistency of its Shariah compliance and effectively manage any Shariah

non-compliance risks that may arise over time.

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Appendix 8: Application Form of the Shariah Committee

PERMOHONAN PELANTIKAN

ANGGOTA JAWATANKUASA SYARIAH
Application to Appoint Member of Shariah Committee

ARAHAN

Borang BNM/JKS 1 ini hendaklah diisi oleh calon yang dicadangkan oleh institusi
sebagai anggota Jawatankuasa Syariah. Sila gunakan kertas tambahan sekiranya
ruang yang disediakan tidak mencukupi. Pastikan setiap muka surat termasuk
kertas tambahan yang digunakan d itandatangani dan pastikan segala maklumat
terdahulu dan semasa yang dikehendaki dalam borang ini diisi dengan lengkap.
Nyatakan "Tiada" atau "Tidak Berkenaan" sekiranya maklumat tersebut tidak
berkenaan bagi calon.

Borang yang lengkap hendaklah dihantar ke alamat seperti di bawah:

INSTRUCTION

This form BNM/JKS  1  should be completed by the candidate proposed by the
institution as Shariah Committee member. If the space allocated is not sufficient,
additional paper may be attached. Please initial on each page, including on the
additional papers used and provide all past and current information as required in
this form. Indicate "Nil" or "Not Applicable" if the items are not relevant to the
candidate.

The completed form should be sent to the address below:

   Pengarah
   Jabatan Perbankan Islam dan Takaful
   Bank Negara Malaysia
   Jalan Dato' Onn

50480 Kuala Lumpur

BNM/RH/GL_012_3 Islamic Banking
and Takaful
Department

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Islamic Financial Institutions

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NAMA INSTITUSI YANG MEMOHON
(Name of Applicant Institution)

Sila tandakan ( ) pada petak yang berkenaan
(Please tick ( ) in the relevant box)

      Pelantikan baru (New appointment)

      Pelantikan semula (Reappointment)
      Tarikh tamat pelantikan : _________________
      (Expiry date of current appointment)

A. BUTIR-BUTIR PERIBADI
(Personal Particulars)

1. NAMA (Name)

2. NO. KAD PENGENALAN (NRIC No.)

3. NO. PASPORT (Passport No.)

4. TARIKH / TEMPAT LAHIR (Date / Place of Birth)

5. KEWARGANEGARAAN (Nationality)

6. STATUS PERKAHWINAN (Marital Status)

7. JAWATAN SEKARANG (Current Designation/Post)

Sila lampirkan

gambar
berukuran
pasport

(Please attach
passport-sized

photo)

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and Takaful
Department

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Islamic Financial Institutions

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8. ALAMAT KEDIAMAN SEKARANG (Current Residential Address)

9. NAMA & ALAMAT MAJIKAN SEKARANG (Name & Address of Current

Employer)

10. NO. TELEFON (Telephone No.)

§ Kediaman (Residential):  _____________________________

§ Pejabat (Office): _____________________________

§ Telefon Bimbit (Mobile): _____________________________

11. NO. FAKSIMILI (Fax No.)

12. E-MEL (E-mail)

13. LAMAN WEB PERIBADI (Personal Website or Blog)

14. BAHASA PERHUBUNGAN (Language of Communication)

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B. KELAYAKAN DAN PENGALAMAN
(Qualification and Experience)

15. KELAYAKAN AKADEMIK DAN IKHTISAS (Academic and Professional

Qualification)

KELULUSAN
(Qualification)

INSTITUSI PENGAJIAN/BADAN
PROFESSIONAL

(Institution of
Learning/Professional Body)

NEGARA
(Country)

TAHUN
KELAYAKAN
DIPEROLEHI

(Year Qualification
is Obtained)

16. PENGKHUSUSAN BIDANG (Field of Expertise)

     Syariah (Shariah)*

     Pengajian Islam selain Syariah (Islamic studies other than Shariah)

     Perundangan (Legal)

     Kewangan (Finance)

     Perakaunan (Accounting)

     Lain-lain (Other): _____________________________

* Individu yang berpengetahuan dan pakar, khususnya dalam bidang Syariah
termasuk Usul Fiqh dan Fiqh Muamalat, dan mempunyai pengetahuan yang baik
dalam penulisan dan pertuturan Bahasa Arab.

(A person who is learned and expert, specialisation in Shariah including Usul Fiqh and
Fiqh Muamalat, and also has good knowledge of written and verbal Arabic).

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Islamic Financial Institutions

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17. PENGALAMAN BEKERJA (Working Experience)
TEMPOH
(Period) JAWATAN

(Position)
TANGGUNGJAWAB UTAMA

(Main Responsibility)

NAMA ORGANISASI
(Name of

Organisation)
Dari

 (From)
Hingga
(Until)

18. KEANGGOTAAN SEBAGAI PENASIHAT SYARIAH DI ORGANISASI LAIN
(Membership as Shariah Advisor in Other Organisations)

Tempoh (Period) ORGANISASI
(Organisation)

Dari (From) Hingga (Until)

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Islamic Financial Institutions

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19. PENULISAN, KAJIAN ATAU KERTAS KERJA
(Writings, Research or Paperwork)

TAJUK
(Topic)

TAHUN
(Year)

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PENGAKUAN DAN PENGESAHAN CALON
(Declaration and Confirmation of Candidate)

20. PENGAKUAN (Declaration)

Sila nyatakan sama ada anda pernah dicadangkan / dilantik / diluluskan pelantikan
oleh Bank Negara Malaysia sebagai seorang anggota Jawatankuasa Syariah di
mana-mana institusi yang dikawal selia oleh Bank Negara Malaysia di bawah
undang-undang berikut dalam tempoh tiga (3) bulan lepas:

i) Akta Bank Islam 1983;
ii) Akta Bank dan Institusi Kewangan 1989;
iii) Akta Institusi Kewangan Pembangunan 2002; dan
iv) Akta Takaful 1984.

Please indicate if you have been nominated / appointed / approved for the
appointment by Bank Negara Malaysia as a member of Shariah Committee of any
institution regulated and supervised by Bank Negara Malaysia under the following
law in the past three (3) months:

i) Islamic Banking Act 1983;
ii) Banking and Financial Institutions Act 1989;
iii) Development Financial Institutions Act 2002; and
iv) Takaful Act 1984.

            Ya / (Yes)               Tidak / (No)

Jika jawapan anda adalah "Ya", sila nyatakan institusi tersebut.
(If the answer is "Yes", please indicate the institution(s) concerned.)

Institusi / (Institution): _________________________________________________

Saya mengaku bahawa saya:
I declare that I:

(a) bukan seorang muflis, tidak pernah diisytiharkan sebagai seorang muflis, dan

tidak menghadapi sebarang tindakan di bawah sebarang undang-undang muflis;
am not a bankrupt, have never been declared a bankrupt, and no petition under
bankruptcy laws has been filed against me;

            Ya / (Yes)               Tidak / (No)

(b) tidak pernah dibuktikan atas kesalahan jenayah berat atau sebarang kesalahan
yang boleh dihukum penjara selama satu (1) tahun atau lebih;
have not been convicted for a serious criminal offence or any other offence
punishable with imprisonment for one (1) year or more;

            Ya / (Yes)               Tidak / (No)

(c) tidak terikat kepada sebarang perintah tahanan, pengawasan, kediaman terhad
atau buang negeri;
am not subject to any order of detention, supervision, restricted residence or
banishment;

            Ya / (Yes)               Tidak / (No)

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Islamic Financial Institutions

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(d) tidak menghadapi sebarang siasatan oleh mana-mana badan kerajaan, pihak
berkuasa berkanun, yang mana penemuan yang tidak memuaskan telah
diperolehi; dan
am not subject to any inquiry/investigation carried out by any governmental,
statutory authority/body, in which an adverse finding was found; and

            Ya / (Yes)               Tidak / (No)

(e) tidak mempunyai sebarang halangan atau larangan oleh mana-mana badan
kerajaan, pihak berkuasa berkanun, undang-undang atau perjanjian dengan
mana-mana pihak untuk berkhidmat sebagai anggota Jawatankuasa Syariah di
institusi ini.
am not subject to any prohibition by any governmental, statutory authority/body,
governing law or by any agreement with another party to perform my duty as a
Shariah Committee member in this institution.

            Ya / (Yes)               Tidak / (No)

21. PENGESAHAN (Confirmation)

Saya dengan ini mengesahkan bahawa semua maklumat yang dikemukakan
di atas adalah benar dan lengkap.

I hereby confirm that all the information given above is true and complete.

………………………………
Tandatangan / (Signature)

………………………………….
Nama Penuh / (Name in Full)

………………..
Tarikh / (Date)

PART 1: OVERVIEW

PART 2: SHARIAH GOVERNANCE ARRANGEMENTS

APPENDICES


KAIFIAT ZIKIR AL LATIF
APABILA DITIMPA BALA DAN WABAK

DI SISI SADAH SANUSIAH

ُطُ ل ُُللُهٱىمح    (kali 3) ُ  (1)يمحُيزُهزُ عُ ل ُٱُي ُوُ قُ ل ُٱُوُ هُهوُ ُاءُهشُ ي ُُنُ مُ ُقهُزُهرُ ،ُي ُه ُادُ ب ُعُ ب ُُيف

ُِّنُإ ُُمهللٱ

ُسُ ُأ

هُأ ُطُ لل ُٱُك ُمُ اسُ ب ُُك ُل ُ ٱُك ُيُِبُ ن ُُاه ُب  ُوُ ُيف  ُلّش  ُدُ مُ مه ُاُن ُدُ يُِسُ ُيف

ُُُُُُُ ُىص  ُىوُ ُمُ ل ُسُ وُ ُهُ ي ُل ُعُ ُللُهٱُّل  ُ َُع   ُٱُ،هُ بُ حُ ص ُوُ ُآل
ُطُهل    (kali 3)ُ   ُ (2)ُان ُب ُُف

ُطُ ل ُُاي ُُ   (kali 9)ُ         (3)يفه

ُطُ ل ُُللُهٱىمح   (kali 3)ُ   يمحُيزُهزُ عُ ل ُٱُي ُوُ قُ ل ُٱُوُ هُهوُ ُاءُهشُ ي ُُنُ مُ ُقهُزُهرُ ،ُي ُه ُادُ ب ُعُ ب ُُيف

ُِّنُإ ُُمهللٱ

ُسُ ُأ

هُأ ُطُ لل ُٱُك ُمُ اسُ ب ُُك ُل ُ ٱُك ُيُِبُ ن ُُاه ُب  ُوُ ُيف  ُلّش  ُدُ مُ مه ُاُن ُدُ يُِسُ ُيف

ُُُُُُُُ ُىص  ُىوُ ُمُ ل ُسُ وُ ُهُ ي ُل ُعُ ُللُهٱُّل  ُ َُع   ُٱُ،هُ بُ حُ ص ُوُ ُآل
ُطُهل    (kali 3)ُ    ان ُب ُُف

ُطُ ل ُُاي ُُ  (kali 11)       ُ         ُُيفه

ُطُ ل ُُللُهٱىمح   (kali 3)ُ   يمح يزُهزُ عُ ل ُٱُي ُوُ قُ ل ُٱُوُ هُهوُ ُاءُهشُ ي ُُنُ مُ ُقهُزُهرُ ،ُي ُه ُادُ ب ُعُ ب ُُيف

ُِّنُإ ُُمهللٱ

ُسُ ُأ

هُأ ُطُ لل ُٱُك ُمُ اسُ ب ُُك ُل ُ ٱُك ُيُِبُ ن ُُاه ُب  ُوُ ُيف  ُلّش  ُدُ مُ مه ُاُن ُدُ يُِسُ ُيف

ُُُُُُ ُىص  ُىوُ ُمُ ل ُسُ وُ ُهُ ي ُل ُعُ ُللُهٱُّل  ُ َُع   ُٱُ،هُ بُ حُ ص ُوُ ُآل
ُطُهل    (kali 3)ُ    ان ُب ُُف

ُطُ ل ُُاي ُُ  (kali 100)     ُُ         ُُيفه

ُىُ ّل  ُٱُو ص  ُىلله َُُُع   و ل  ُُن ام  د  ُىمه م  ُ،ُو َع   ُل ُ آل   ِ ُُكه ل مُهمُ ِف  ُع  هه ع  اُو س  ُم  د  د  ُع  ن ف س  ُو  ة   ُ.للُ ٱُح

Dibaca setiap hari pada waktu pagi dan petang.

Diijazahkan oleh

Al Musnid Dr. Sayyid Nafi’ Al ‘Arabi Al Sanusi

1 Maksud surah al Syura ayat 19: “Allah Maha Lembut terhadap hamba-hambaNya. Dia memberi rezeki kepada

sesiapa yang Dia kehendaki, dan Dia Maha Kuat lagi Maha Perkasa.”

2 Maksudnya: “Ya Allah, sesungguhnya aku memohon kepadaMu dengan namaMu al Latif (Maha Lembut) dan juga

dengan kedudukan NabiMu yang mulia, Penghulu kami Muhammad – semoga Allah melimpahkan rahmat dan

kesejahteraan ke atasnya dan sahabat-sahabatnya – berlemah lembutlah terhadap kami.”

3 Maksudnya: “Wahai Tuhan Yang Maha Lembut.”