المنهجية وآلية تطوير عمل هيئات الرقابة الشرعية في المصارف الإسلامية: دراسة حالة البيئة الليبية

(The Method and Instrument of Enhancing the Function of Shari'ah Monitoring Bodies in Islamic Banks: A Case Study of Libyan Environment)

الملخص

        Abstract          

This study examines one of the main structures of the Islamic banking governance framework, which is the Shari’ah advisory board, along with the approach it adopts to ensure the Shariʿah compliance of the Islamic banking transactions, projects and the modern development projects undertaken to achieve socio-economic development. The study has adopted mixed methods which comprises descriptive, analytical, and inductive approaches that rely on published legal and Shari’ah sources related to Shari’ah advisory and auditing in Islamic banking. The study also conducted interviews with a sample of twelve (12) experts comprising policy makers, managers and Shari’ah advisory members of the Libyan banks. The data collected were coded and analyzed. The following are the major findings of the study. The experts validated the proposed model for Shari’ah Advisory for the Libyan banks and their responsibilities outlined in the model. The findings also show that there is scarcity of quality human resource for Shari’ah advisory, and the few ones available have poor quality and thus need training and qualifications. The study has proposed several recommendations. There is a need for a consensus to unify the activities of the Islamic banking system from the east, west, north and south of the country in order to put a stop to the institutional divide that has fragmented the country. It is also necessary to work towards enhancing the human resource management to bring an end to dualism and overlapping of specializations, and to respond to the required needs for supporting and facilitating human resource.

Keywords: Methodology, Shari’ah Advisory, Islamic banking, Libyan Ecosystem.