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NEWHORIZON

NEWHORIZON - Institute of Islamic Banking and Insurance

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<strong>NEWHORIZON</strong> Shawwal-dhu al Hijjah 1431<br />

NEWS<br />

Could Malaysia Rival the UK in the Resolution of<br />

Islamic Financial Disputes?<br />

In a July address to the 21st<br />

Conference of Presidents of Law<br />

Associations in Asia in Kuala<br />

Lumpur, Datuk Muhammad<br />

Ibrahim, the recently appointed<br />

Deputy Governor of Malaysia’s<br />

central bank, made a bid to<br />

position Malaysia as an<br />

alternative to the UK as the<br />

legal system of choice for<br />

resolving Islamic financial<br />

disputes. He commented that<br />

recent cases tried in the English<br />

courts have highlighted the<br />

hesitancy of UK judges to<br />

deliberate on issues concerning<br />

Shari’ah principles in Islamic<br />

finance transactions. He also<br />

highlighted the fact that while<br />

evidence on Shari’ah matters<br />

can be admitted in UK courts,<br />

such evidence or advice is not<br />

binding.<br />

In Malaysia, on the other hand,<br />

there is a dedicated High Court<br />

for Islamic finance-related cases,<br />

where judges can refer to the<br />

SAC (Shari’ah Advisory<br />

Council) on questions relating<br />

to the Shari’ah and the rulings<br />

are then binding. The next step<br />

for Malaysia would be to<br />

harmonise existing laws to<br />

accommodate and facilitate<br />

Islamic finance in the most<br />

legally efficient way possible,<br />

because the future of Islamic<br />

finance depended on its agility<br />

and innovativeness in<br />

developing new products. He<br />

believed that clear and easily<br />

enforceable laws would serve<br />

to benefit the industry<br />

worldwide.<br />

To that end he announced the<br />

formation of a Law<br />

Harmonisation Committee,<br />

comprising key government<br />

stakeholders, including the<br />

Attorney General’s Chambers as<br />

well as industry players and<br />

experienced Islamic finance legal<br />

practitioners. He also<br />

announced that Tun Abdul<br />

Hamid bin Mohamad, the<br />

former Chief Justice of Malaysia<br />

and a member of Bank Negara’s<br />

Shari’ah Advisory Council<br />

would chair the committee. The<br />

remit of the Law Harmonisation<br />

Committee is to position and<br />

strengthen existing laws as the<br />

laws of choice for Islamic<br />

financial transactions.<br />

At the end of the day, the<br />

success or otherwise of this<br />

move will depend on the<br />

willingness of other countries,<br />

particularly the major financial<br />

centres in the Middle East, to<br />

accept Malaysian laws and<br />

particularly the thorny issue of<br />

Qatar Islamic Bank’s (QIB)<br />

subsidiary, European Finance<br />

House (EFH) has recently<br />

rebranded as QIB UK in order<br />

to reinforce its positioning<br />

within QIB’s expanding global<br />

network. The primary<br />

motivation behind the<br />

rebranding is to further bring<br />

EFH under the umbrella of<br />

QIB’s well-established identity<br />

as one of the regions foremost<br />

Islamic banking institutions<br />

and the world’s 4th largest<br />

Islamic bank in terms of assets.<br />

different interpretations of<br />

Shari’ah.<br />

European Finance House<br />

Rebrands as QIB UK<br />

EFH obtained authorisation<br />

from the UK Financial<br />

Services Authority in 2008<br />

and operates as a full service,<br />

stand alone Islamic<br />

investment banking<br />

institution located in Berkeley<br />

Square, London. QIB UK<br />

benefits from having<br />

immediate access to QIB’s<br />

extensive network of<br />

correspondent financial<br />

institutions throughout<br />

the Islamic world and<br />

beyond.<br />

www.newhorizon-islamicbanking.com IIBI 7

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