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10 Islamic Banking

C 14/2021 STA

A bank offering Islamic financial services must ensure that its Sharī’ah governance system explicitly considers Sharī’ah rules and principles with respect to any outsourced activities. The rules and principles are those that would apply if the bank itself performed the activity. A bank offering Islamic financial services must also ensure that its policies and procedures for the review and approval of any proposed outsourcing arrangements explicitly address the risk that Outsourcing Service Providers may be unfamiliar with requirements relating to Sharī’ah rules and principles.

Ensuring Shari’ah compliance for individual products requires that the entire product cycle takes into account Shari’ah rules and principles, even if some activities related to specific products are outsourced, so a bank offering Islamic financial services must include in its outsourcing agreements any necessary measures to mitigate the operational and reputational risks of Shari’ah non-compliance.