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Article (5) General Requirements for Shari'ah Governance Standard

STA-LFI-GOV-2020 Effective from 21/4/2020

5.1 The IFI must comply with Islamic Shari'ah in all of its goals, activities, operations and code of conduct at all times.

5.2 An IFI must have in place governance controls and mechanisms in accordance to its size and complexity of its operations to ensure compliance with Islamic Shari'ah in all of its activities, operations and code of conduct.

5.3 Branches of foreign licensed financial institutions that conduct all or part of their activities and businesses in accordance with the provisions of Islamic Shari'ah must adhere to this standard or establish equivalent arrangements to ensure regulatory comparability and consistency. The equivalent arrangement, if applicable, should include the matters related to general assembly, the Board and its Committees without contradicting the prevailing laws in the UAE. The equivalent arrangements shall be submitted to the CBUAE for approval.

5.4 The Shari'ah governance of IFIs must include the following as minimum requirements:

  1. Stating the responsibility of the Board in regards to the IFI's compliance with Islamic Shari'ah, the oversight over the IFI, and establishing an adequate Shari'ah governance framework.
     
  2. Identification of the senior management responsibilities related to the IFI's compliance with Islamic Shari'ah and for providing adequate resources for implementation of Shari'ah governance requirements to ensure that the IFI's business is carried out in compliance with Islamic Shari'ah.
     
  3. Appointment of a qualified ISSC in accordance with the eligibility and competence requirements set out in this standard.
     
  4. Establishment of Internal Shari'ah Control Division (or Section).
     
  5. Establishment of Internal Shari'ah Audit division (or section).
     
  6. Publication of the ISSC's resolutions regarding standard products, services, fees, and other basic mechanisms governing IFIs operations, including late payment fees and the commitment to donate it, or awards granted by the IFI, and other essential matters.
     
  7. Providing training and awareness programs related to compliance with Islamic Shari'ah in the IFI, this should include all levels in the organization.
     

5.5 This standard must be implemented through a set of policies and procedures that outline the structure, roles, responsibilities, accountability, scope and duties of different functions, and reporting lines and communication channels between different functions with regard to the IFI's compliance with Islamic Shari'ah.

5.6 The IFI must spread awareness regarding Islamic finance and boost the culture of compliance with Islamic Shari'ah within the IFI, including workshops for the members of the Board and senior management on Islamic financial transactions and compliance with Islamic Shari'ah.