Difference between revisions of "Audit Issue of Islamic Banking"

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AUDIT & SHARIA COMPLIANCE –
 
ISSUES IN ISLAMIC BANKING AND
 
FINANCE
 
Presentation By:
 
Omar Mustafa Ansari
 
Partner
 
Ford Rhodes Sidat Hyder & Co.
 
(Member of Ernst & Young Global Limited)
 
  
                  ‫الرحمن الرحیم‬        ‫ٰ‬                ‫بسم ہللا‬
 
                          ‫ب ا ْش َر ْح ِّلي َ‬
 
                  ‫ص ْد ِّري‬                          ‫قَا َل َر ِّ‬
 
                            ‫َویَ ِّس ْر ِّلي أ َ ْم ِّري‬
 
                    ‫سانِّي‬                    ‫احلُ ْل ُ‬
 
                            ‫ع ْق َدة ً ِّمن ِّل َ‬          ‫َو ْ‬
 
                                ‫یَ ْفقَ ُهوا قَ ْو ِّلي‬
 
                              ‫(سورہ طه)‬
 
‫‪Presentation By:‬‬ ‫‪Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.‬‬
 
  
Role of Auditors and Accountants in
 
Islamic Finance
 
 Allah SWT says in Quran that “Allah doth command you to
 
  render back your trusts to those to whom they are due; And
 
  when ye judge between people that ye judge with justice.”
 
 According to the code of ethics for accountants and auditors of
 
  Islamic financial institutions, accounting (duly including auditing
 
  – external, as well as, internal) is one of the professions that is
 
  required by Shariah as a Fard Kifaya.
 
 In other words it is a duty which, if performed by some, would
 
  exempt others in the society. Otherwise, the whole society is
 
  sinful.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Purity of Transactions and Building
+
== Top 20 FREQUENT WORDS ==
Reliance on Islamic Finance
+
shariah 96
 Islamic banking industry is presently growing at a very high
+
islamic 61
  pace.
+
compliance 59
 One of the critical issues the industry is facing is the matter of
+
ansari 48
  purity in transactions which, in longer run, will ensure reliance of
+
ford 48
  Muslim Ummah in this model of Islamic finance and banking.
+
hyder 48
 If this issue, at this stage, is ignored, it may result in a disaster
+
mustafa 48
  in the name of Islamic Finance.
+
partner 48
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
+
rhodes 48
 +
sidat 48
 +
omar 47
 +
presentation 47
 +
financial 42
 +
institutions 26
 +
audit 23
 +
auditor 22
 +
review 22
 +
shari 20
 +
issues 18
 +
finance 17
  
Strategy to Build Reliance on Islamic
 
Finance and Banking
 
 A three fold strategy may help out the industry to ensure
 
  Shariah compliance on an ongoing basis.
 
    1. Standardization of Shariah Compliance Regulations for
 
        Islamic Finance;
 
    2. Improved governance and Shariah Compliance Assurance
 
        for Islamic Financial Institutions; and
 
    3. Shariah Compliance Rating of Islamic Financial Institutions
 
        and Products.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
STANDARDIZATION OF SHARIAH
 
COMPLIANCE REGULATIONS FOR
 
ISLAMIC FINANCE
 
  
Standardization of Shariah Compliance
+
== DOCUMENT KEY POINTS ==
Regulations for Islamic Finance
+
*audit sharia compliance a issues in islamic banking and finance presentation by omar mustafa ansari partner ford rhodes sidat hyder co
 Standardization is necessary to ensure that all the matters of
+
*member of ernst young global limited
  Islamic financial institutions are dealt with, within a framework
 
  which is acceptable for all Muslims.
 
 Internationally, there have been a lot of efforts for
 
  standardization of practices being followed by various Islamic
 
  financial institutions. These efforts include a lot of research
 
  work.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Standardization of Shariah Compliance
+
*role of auditors and accountants in islamic finance i allah swt says in quran that allah doth command you to render back your trusts to those to whom they are due and when ye judge between people that ye judge with justice
Regulations for Islamic Finance
+
*i according to the code of ethics for accountants and auditors of islamic financial institutions accounting duly including auditing a external as well as internal is one of the professions that is required by shariah as a fard kifaya
 The most admirable job has been performed by:
 
      the Islamic Fiqh Academy of the Organization of Islamic
 
      Countries; and
 
     the Accounting and Auditing Organization of Islamic
 
      Financial Institutions (AAOIFI).
 
 In respect of governance and risk management, Islamic
 
  Financial Services Board has also performed a commendable
 
  job.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Introduction to AAOIFI
+
*i one of the critical issues the industry is facing is the matter of purity in transactions which in longer run will ensure reliance of muslim ummah in this model of islamic finance and banking
 AAOIFI was established in 1990 in Algiers under an Agreement
+
*purity of transactions and building reliance on islamic finance i islamic banking industry is presently growing at a very high pace
  of Association between a number of Islamic financial institutions
 
  (IFIs). Now it is based in Bahrain.
 
 Its objectives primarily include development of accounting,
 
  auditing, governance and Shariah standards for Islamic
 
  financial institutions.
 
 Accounting, Auditing and Governance Standards (AAGS) are
 
  issued by AAOIFI’s Accounting and Auditing Standards Board
 
  whereas the Shariah Standards Board issues the Shariah
 
  Standards.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Introduction to AAOIFI
+
*strategy to build reliance on islamic finance and banking i a three fold strategy may help out the industry to ensure shariah compliance on an ongoing basis
 These Boards have, to date, performed a remarkable job by
+
*improved governance and shariah compliance assurance for islamic financial institutions and
  issuing accounting, governance, auditing and Shariah
 
  standards for Islamic financial institutions.
 
 These Boards have been established by choosing the experts
 
  of the fields from throughout the Islamic world. Accordingly,
 
  their works, are considered to be a consensus (Ijma) of the
 
  experts from the field.
 
 These work may be used for standardization of practices of
 
  Islamic finance and banking throughout the world.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Introduction to IFSB
+
*standardization of shariah compliance regulations for islamic finance i standardization is necessary to ensure that all the matters of islamic financial institutions are dealt with within a framework which is acceptable for all musli miss i internationally there have been a lot of efforts for standardization of practices being followed by various islamic financial institutions
 Officially inaugurated on November 03, 2002 and started
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  operations on March 10, 2003.
 
 Serves as an international-standard setting body of regulatory
 
  and supervisory agencies that have vested interest in ensuring
 
  the soundness and stability of the Islamic financial services
 
  industry.
 
 Promotes the development of a prudent and transparent Islamic
 
  financial services industry through introducing new, or adapting
 
  existing international standards consistent with Islamic Shariah
 
  principles.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Pakistan’s Perspective
+
*standardization of shariah compliance regulations for islamic finance i the most admirable job has been performed by i R the islamic fiqh academy of the organization of islamic countries and i R the accounting and auditing organization of islamic financial institutions aaoifi
 Accounting and Financial Reporting
+
*i in respect of governance and risk management islamic financial services board has also performed a commendable job
      The Institute of Chartered Accountants of Pakistan has issued
 
      Islamic Financial Accounting Standards for Ijara and Murabaha
 
      which are under implementation stages. These standards are
 
      approved by SBP and notified by SECP.
 
 Shariah Compliance
 
     SBP has established a Shariah Board.
 
     SBP has issued essentials for Islamic banking and financial
 
      products and a bunch of model agreements. But all these are
 
      considered to be guidelines, and not regulations. SBP has also
 
      issued various circulars in this respect.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Pakistan’s Perspective
+
*i accounting auditing and governance standards aags are issued by aaoifi s accounting and auditing standards board whereas the shariah standards board issues the shariah standards
 Governance – What SBP is Doing
+
*introduction to aaoifi i aaoifi was established in in algiers under an agreement of association between a number of islamic financial institutions ifis
      Shariah compliance framework being established. Draft Islamic
 
      banking guidelines issued and comments received.
 
      A Shariah compliance inspection mechanism is being introduced
 
      and a Shariah compliance inspection manual has been
 
      developed.
 
      Risk management standards are being adopted with suitable
 
      modifications.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Pakistan’s Perspective
+
*i these boards have been established by choosing the experts of the fields from throughout the islamic world
 Takaful
+
*introduction to aaoifi i these boards have to date performed a remarkable job by issuing accounting governance auditing and shariah standards for islamic financial institutions
      Takaful Rules developed and now being reviewed for
 
      improvement. Revised Rules will include accounting regulations
 
      for Takaful.
 
     SECP has established a Central Shariah Board.
 
     Mandatory Shariah Compliance Audit for Takaful.
 
 Modarabas
 
     All model agreements and products are being reviewed from
 
      Shariah compliance perspective.
 
     Religious Board for Modarabas is now in operation after a long
 
      gap.
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
IMPROVED GOVERNANCE AND
+
*i serves as an international standard setting body of regulatory and supervisory agencies that have vested interest in ensuring the soundness and stability of the islamic financial services industry
SHARIAH COMPLIANCE
+
*i promotes the development of a prudent and transparent islamic financial services industry through introducing new or adapting existing international standards consistent with islamic shariah principles
ASSURANCE FOR ISLAMIC
 
FINANCIAL INSTITUTIONS
 
  
Shariah Non-Compliance Risk: What &
+
*pakistan s perspective i accounting and financial reporting i R the institute of chartered accountants of pakistan has issued islamic financial accounting standards for ijara and murabaha which are under implementation stages
Why?
+
*these standards are approved by sbp and notified by secp
    Shariah non-compliance risk is a significant risk for an Islamic
 
    financial institution from two perspectives:
 
    1.  It impacts the reputation of the Islamic financial institution
 
          and deteriorates reliance of the depositors, investors,
 
          customers and other stakeholders in the long-term; and
 
    2.  It impacts the revenue as well, because in case of an
 
          identified Shariah non-compliance, the income arising
 
          from such transaction is to be given in charity.
 
 But, for the society, and considering it a step towards
 
    complete transition of economy on Islamic principles, Shariah
 
    compliance is the essence of Islamic banking and finance.
 
  Presentation By:      Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
            How to Manage Shariah Non-
+
*i R a shariah compliance inspection mechanism is being introduced and a shariah compliance inspection manual has been developed
            Compliance Risk?
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
                                  Shariah Review
 
                                      Shariah
 
                                Supervisory Board
 
                                / Shariah Advisor
 
                                                                          Consideration of
 
Internal Shariah                                                              Shariah
 
    Review                                                              Compliance by the
 
                                                                          External Auditor
 
              Presentation By: Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Assurance for
+
*pakistan s perspective i takaful i R takaful rules developed and now being reviewed for improvement
Islamic Financial Institutions
+
*i modarabas i R all model agreements and products are being reviewed from shariah compliance perspective
 Rules, regulations and standards might not work unless and
 
  until an effective network of check and balance is established to
 
  ensure compliance of the same in letter and spirit.
 
 Shariah compliance cannot be ensured merely on the basis of
 
  approval of products by the Shariah Supervisory Boards and
 
  the Shariah Advisors.
 
 Approvals have to be matched with the ground realities.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Assurance for
+
*it impacts the reputation of the islamic financial institution and deteriorates reliance of the depositors investors customers and other stakeholders in the long term and
Islamic Financial Institutions
+
*shariah non compliance risk what why i shariah non compliance risk is a significant risk for an islamic financial institution from two perspectives
1.  Shariah compliance review report of Shariah Supervisory
 
    Board or the Shariah Advisor (May, or may not be, based on
 
    Internal Shariah Review).
 
2. Shariah compliance audit by the external auditors of the
 
    Islamic financial institutions.
 
3. Shariah Compliance Inspection of Islamic commercial banks.
 
4. Independent Shariah compliance assurance (internal or
 
    external) from professionals.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Review By Shariah
+
*shariah compliance assurance for islamic financial institutions i rules regulations and standards might not work unless and until an effective network of check and balance is established to ensure compliance of the same in letter and spirit
Advisor – Issues
+
*i shariah compliance cannot be ensured merely on the basis of approval of products by the shariah supervisory boards and the shariah advisors
 Competence (From Assurance Perspective)
 
      Without any disregard to the individuals, and not as a
 
        generalized rule, it needs to be realized that the jurists
 
        sitting on the Board or working as Shariah Advisors
 
        possess little knowledge about the accounting and
 
        auditing, and more importantly, the operations of the
 
        financial institutions.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Review By Shariah
+
*shariah compliance review report of shariah supervisory board or the shariah advisor may or may not be based on internal shariah review
Advisor – Issues
+
*shariah compliance audit by the external auditors of the islamic financial institutions
      Consequently, their compliance review generally remains
 
        limited to the extent of assurance of the legal form of
 
        transactions i.e. vetting of agreements and documents etc.
 
      On the contrary, the operational matters which include the
 
        substance of the transaction might remain unattended
 
        because it is not the core competence of these respectable
 
        jurists.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Review By Shariah
+
*shariah compliance review by shariah advisor a issues i competence from assurance perspective i R without any disregard to the individuals and not as a generalized rule it needs to be realized that the jurists sitting on the board or working as shariah advisors possess little knowledge about the accounting and auditing and more importantly the operations of the financial institutions
Advisor – Issues
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
 Management’s Attitude
 
      Generally the management does not wish to bring each and
 
      every matter in the attention of the Board or the Advisor.
 
      Accordingly, unless they have enough time to review things
 
      on their own, and they take reasonable interest in the same,
 
      it is not possible for them to have a look on most of the
 
      operational matters.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Review By Shariah
+
*shariah compliance review by shariah advisor a issues i R consequently their compliance review generally remains limited to the extent of assurance of the legal form of transactions ie vetting of agreements and documents etc
Advisor – Issues
+
*i R on the contrary the operational matters which include the substance of the transaction might remain unattended because it is not the core competence of these respectable jurists
 Independence
 
      Although we don’t have any doubt on the personal
 
      independence and integrity of these respectable jurists, they
 
      would themselves appreciate that the work performed under
 
      one’s guidance should always be counter checked by an
 
      independent person.
 
      Particularly, keeping in view the human tendency of errors,
 
      it cannot be advised that the person supervising and
 
      monitoring the transactions is also entrusted to recheck and
 
      audit the same.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Review By Shariah
+
*shariah compliance review by shariah advisor a issues i management s attitude i R generally the management does not wish to bring each and every matter in the attention of the board or the advisor
Advisor – Issues
+
*i R accordingly unless they have enough time to review things on their own and they take reasonable interest in the same it is not possible for them to have a look on most of the operational matters
 Scarcity of Resources (Time and Skilled Staff)
 
      Generally those on the Shariah Boards and on the seat of
 
      Shariah Advisors are busy guys. They are generally serving
 
      a number of Boards and educational institutions and are
 
      involved in a number of social and religious activities.
 
      In addition, they do not have sufficient budgets available for
 
      their departments, nor an adequate number of skilled staff
 
      hired for the purpose of assisting them in the assurance
 
      work.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Review By Shariah
+
*shariah compliance review by shariah advisor a issues i independence i R although we don t have any doubt on the personal independence and integrity of these respectable jurists they would themselves appreciate that the work performed under one s guidance should always be counter checked by an independent person
Advisor – Issues
+
*i R particularly keeping in view the human tendency of errors it cannot be advised that the person supervising and monitoring the transactions is also entrusted to recheck and audit the same
      Consequently, you can easily imagine that it is humanly not
 
      possible for a single person to perform a comprehensive
 
      Shariah compliance audit of the operations of a full-fledged
 
      Islamic financial institution which may even have a number
 
      of branches.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Audit by External
+
*shariah compliance review by shariah advisor a issues i scarcity of resources time and skilled staff i R generally those on the shariah boards and on the seat of shariah advisors are busy guys
Auditors – Issues
+
*i R in addition they do not have sufficient budgets available for their departments nor an adequate number of skilled staff hired for the purpose of assisting them in the assurance work
      According to AAOIFI standards, the auditor should, to a
 
      limited extent, ensure compliance with Shariah
 
      requirements.
 
      Option being used by certain Islamic mutual funds in the
 
      country is Shariah compliance audit by their external
 
      auditors.
 
      According to Takaful Rules, a Shariah compliance audit is
 
      required. But this is not being performed by external
 
      auditors, as the Rules do not provide any further detail.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Audit by External
+
*shariah compliance review by shariah advisor a issues i R consequently you can easily imagine that it is humanly not possible for a single person to perform a comprehensive shariah compliance audit of the operations of a full fledged islamic financial institution which may even have a number of branches
Auditors – Issues
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
      Since the external auditor is also entrusted with the task of
 
      performing the Shariah compliance audit, his expertise in
 
      Islamic finance is not ensured. You would appreciate that if
 
      the auditor is not equipped with the necessary skills and
 
      knowledge, the output of the assignment might not be as
 
      good as may be expected from an experience auditor; and
 
      Since the scope of the audit is pre-defined and the matter of
 
      permissibility of a transaction is generally subject to the
 
      opinions and perspectives of the Shariah Supervisory Board
 
      or the Shariah Advisor, the independence of the exercise, to
 
      some extent, remains in jeopardy.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Inspection by SBP
+
*shariah compliance audit by external auditors a issues i R according to aaoifi standards the auditor should to a limited extent ensure compliance with shariah requirements
- Issues
+
*but this is not being performed by external auditors as the rules do not provide any further detail
      This is a very good approach, as it is independent and
 
        authoritative in nature.
 
      Issues identified are forwarded to the SBP’s Shariah Board
 
        so the exercise remains independent.
 
      Nevertheless, since the results of such inspections are
 
        considered to be confined to the management of the Bank
 
        and the State Bank, the benefits of such exercises cannot
 
        be forwarded to the general public.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Inspection by SBP
+
*you would appreciate that if the auditor is not equipped with the necessary skills and knowledge the output of the assignment might not be as good as may be expected from an experience auditor and i R since the scope of the audit is pre defined and the matter of permissibility of a transaction is generally subject to the opinions and perspectives of the shariah supervisory board or the shariah advisor the independence of the exercise to some extent remains in jeopardy
- Issues
+
*shariah compliance audit by external auditors a issues i R since the external auditor is also entrusted with the task of performing the shariah compliance audit his expertise in islamic finance is not ensured
      Moreover, such exercise is limited to the Islamic commercial
 
        banks and the Islamic banking branches of conventional
 
        commercial banks and consequently other financial
 
        institutions that are governed by the SECP including Islamic
 
        mutual funds, Modarabas, Takaful companies, Housing
 
        finance companies, Investment finance companies and
 
        leasing companies shall remain out of ambit of such
 
        exercise.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Independent Shariah Compliance
+
*i R nevertheless since the results of such inspections are considered to be confined to the management of the bank and the state bank the benefits of such exercises cannot be forwarded to the general public
Assurance by Professionals
+
*shariah compliance inspection by sbp issues i R this is a very good approach as it is independent and authoritative in nature
 This approach is now being applied by a few Islamic banks.
 
 This may be applied in form of:
 
    1.  Internal Shariah Review; and
 
    2.  External Shariah Compliance Assurance / Audit.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
SHARIAH COMPLIANCE RATING
+
*shariah compliance inspection by sbp issues i R moreover such exercise is limited to the islamic commercial banks and the islamic banking branches of conventional commercial banks and consequently other financial institutions that are governed by the secp including islamic mutual funds modarabas takaful companies housing finance companies investment finance companies and leasing companies shall remain out of ambit of such exercise
OF ISLAMIC FINANCIAL
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
INSTITUTIONS AND PRODUCTS
 
  
Shariah Compliance Rating of Islamic
+
*independent shariah compliance assurance by professionals i this approach is now being applied by a few islamic banks
Financial Institutions and Products
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
      Anyone having basic understanding of Islamic finance
 
      would easily understand that generally all the products
 
      being launched by Islamic financial institutions cannot be
 
      termed equivalent for Shariah compliance purpose.
 
      There might be certain provisions in an Ijara contract that
 
      may render it less desirable as compared to a similar Ijara
 
      contract. Or in general a Murabaha may be less preferable
 
      as compared to a Modaraba product.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Rating of Islamic
+
*shariah compliance rating of islamic financial institutions and products i R anyone having basic understanding of islamic finance would easily understand that generally all the products being launched by islamic financial institutions cannot be termed equivalent for shariah compliance purpose
Financial Institutions and Products
+
*i R there might be certain provisions in an ijara contract that may render it less desirable as compared to a similar ijara contract
      In addition to the products being launched by the Islamic
 
      financial institutions that are subject to the approval of their
 
      respective Shariah Advisors and Shariah Supervisory
 
      Boards there are certain Islamic financial products that are
 
      launched by the conventional financial institutions or by
 
      various companies and even by the Government.
 
      These products, for example, include the housing finance
 
      option offered by the House Building Finance Corporation,
 
      Sukuks being issued by the Government of Pakistan and
 
      various government owned entities, Musharaka TFCs
 
      issued by the Sitara Energy and operating lease options
 
      offered by various leasing companies.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shariah Compliance Rating of Islamic
+
*shariah compliance rating of islamic financial institutions and products i R in addition to the products being launched by the islamic financial institutions that are subject to the approval of their respective shariah advisors and shariah supervisory boards there are certain islamic financial products that are launched by the conventional financial institutions or by various companies and even by the government
Financial Institutions and Products
+
*i R these products for example include the housing finance option offered by the house building finance corporation sukuks being issued by the government of pakistan and various government owned entities musharaka tfcs issued by the sitara energy and operating lease options offered by various leasing companies
      In view of the same it is imperative that a Shariah
 
      compliance rating mechanism be introduced so that the
 
      general public may be able to differentiate between various
 
      products being launched.
 
      In addition, this will encourage the financial institutions to
 
      continuously improve the purity factor in their financial
 
      products.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
GOVERNANCE STANDARDS BY
+
*shariah compliance rating of islamic financial institutions and products i R in view of the same it is imperative that a shariah compliance rating mechanism be introduced so that the general public may be able to differentiate between various products being launched
AAOIFI
+
*i R in addition this will encourage the financial institutions to continuously improve the purity factor in their financial products
  
Governance Standards
+
*i appointment composition and report i it is appointed by shareholders in agm upon recommendation of board of directors bod they may authorize bod to fix the remuneration of ssb
 Shari’a Supervisory Board: Appointment, Composition and
+
*shari a supervisory board ssb i it is an independent body of specialized jurists in fiqh almua malat islamic commercial jurisprudence
  Report
 
 Shari’a Review
 
 Internal Shari’a Review
 
 Audit and Governance Committee for Islamic Financial
 
  Institutions
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shari’a Supervisory Board (SSB)
+
*shari a review i the objective of the shari a review is to ensure that the activities carried out by an ifi do not contravene the shari a
 It is an independent body of specialized jurists in fiqh
+
*it is the responsibility of ssb to form and express an opinion on the extent of an ifi s compliance with the shari a
  almua’malat (Islamic commercial jurisprudence).
 
 Appointment, Composition and Report
 
 It is appointed by shareholders in AGM upon recommendation
 
  of Board of Directors (BOD), they may authorize BOD to fix the
 
  remuneration of SSB. SSB shall be consisted of atleast three
 
  members, it may seek the service of consultants but excludes
 
  directors and significant shareholders of IFI.
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Shari’a Review
+
*the primary objective of internal shari a review is to ensure that the management of an ifi discharge their responsibilities in relation to the implementation of the shari a rules and principles as determined by the ifi s ssb
 The objective of the Shari’a review is to ensure that the
+
*it shall be carried out by an independent division or part of internal audit department depending on the size of an ifi
  activities carried out by an IFI do not contravene the Shari’a. It
 
  is the responsibility of SSB to form and express an opinion on
 
  the extent of an IFI’s compliance with the Shari’a.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Internal Shari’a Review
+
*audit and governance committee agc i the importance of the agc for an ifi emanates from its role in i R achieving the fundamental objectives of an ifi by enhancing greater transparency and disclosure in financial reporting and i R enhancing the public s confidence of the ifi as genuine in its application of shari a rules and principles
 The internal Shari’a review is an integral part of the organs of
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  governance of the IFI and operates under the policies
 
  established by the IFI. It shall be carried out by an independent
 
  division or part of internal audit department, depending on the
 
  size of an IFI. The primary objective of internal Shari’a review is
 
  to ensure that the management of an IFI discharge their
 
  responsibilities in relation to the implementation of the Shari’a
 
  Rules and Principles as determined by the IFI’s SSB.
 
  Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Audit and Governance Committee
+
*objective and principles i objective to enable the auditor to express an opinion as to whether the financial statements are prepared in accordance with shari a rules and principles and the accounting standards of the accounting and auditing organization for islamic financial institutions aaoifi
(AGC)
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
 The importance of the AGC for an IFI emanates from its role in:
 
      achieving the fundamental objectives of an IFI, by
 
      enhancing greater transparency and disclosure in financial
 
      reporting; and
 
      enhancing the public’s confidence of the IFI as genuine in
 
      its application of Shari’a rules and principles.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
AUDITING STANDARDS BY AAOIFI
+
*objective and principles i principles the auditor should comply with code of ethics for professional accountants which include righteousness integrity trustworthiness fairness honesty independence objectivity professional competence due care confidentiality professional behavior and technical standards
Auditing
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
 Objective and Principles of Auditing
 
 The Auditor's Report
 
 Terms of Audit Engagement
 
 Testing for Compliance with Shari'a Rules and Principles by an
 
  External Auditor
 
 The Auditor's Responsibility to Consider Fraud and Error in an
 
  Audit to Financial Statements
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Objective
+
*auditor s report i the auditor should review and assess the conclusions drawn from the audit evidence obtained as the basis for the expression of an opinion on the financial statements it should contain a clear written expression of opinion on the financial statements taken as a whole
And Principles
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
 Objective
 
  To enable the auditor to express an opinion as to whether the
 
  financial statements are prepared, in accordance with Shari’a
 
  Rules and Principles and the accounting standards of the
 
  Accounting and Auditing Organization for Islamic Financial
 
  Institutions (AAOIFI).
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Objective
+
*i the engagement letter documents and confirms the auditor s acceptance of the appointment the objective and the scope of the audit the extent of the auditor s responsibilities to the client and the form of any reports to be provided by the auditor
And Principles
+
*terms of audit engagement i the auditor and the client should agree on the terms of the engagement
 Principles
 
  The auditor should comply with Code of Ethics for
 
  Professional Accountants which include; righteousness,
 
  integrity, trustworthiness, fairness, honesty, independence,
 
  objectivity, professional competence, due care, confidentiality,
 
  professional behavior and technical standards.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Auditor’s Report
+
*testing for compliance with shari a rules and principles i when testing for shari a compliance the auditor shall obtain sufficient appropriate audit evidence that provides the auditor with reasonable assurance that the islamic financial institution ifi has complied with islamic shari a rules and principles the fatwas rulings and guidance issued by shari a supervisory board ssb constitutes islamic shari a rules and principles
 The auditor should review and assess the conclusions drawn
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  from the audit evidence obtained as the basis for the expression
 
  of an opinion on the financial statements, it should contain a
 
  clear written expression of opinion on the financial statements
 
  taken as a whole.
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Terms of Audit Engagement
+
*fraud and errors i the fact that an audit is carried out may act as a deterrent but the auditor is not and can not be held responsible for prevention of fraud and error however the auditor shall be held responsible for negligence and misconduct
 The auditor and the client should agree on the terms of the
+
*presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  engagement. The agreed terms would need to be recorded in
 
  an audit engagement letter.
 
 The engagement letter documents and confirms the auditor’s
 
  acceptance of the appointment, the objective and the scope of
 
  the audit, the extent of the auditor’s responsibilities to the client
 
  and the form of any reports to be provided by the auditor.
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Testing for Compliance with Shari’a Rules and
+
*what issues i have faced i as external auditor i R management is of the view that i have nothing to do in respect of shariah compliance even if i feel that it has something to do with the objects of the bank modaraba
Principles
+
*i am independent and without any disregard he is a paid employee and a party to the transaction as he approved it
 When testing for Shari’a compliance, the auditor shall obtain
 
  sufficient appropriate audit evidence that provides the auditor
 
  with reasonable assurance that the Islamic Financial Institution
 
  (IFI) has complied with Islamic Shari’a Rules and Principles
 
  (the Fatwas, Rulings and Guidance issued by Shari’a
 
  Supervisory Board (SSB) constitutes Islamic Shari’a Rules and
 
  Principles).
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
Fraud and Errors
+
*what issues i have faced i as internal shariah reviewer external shariah auditor i R top management and shariah advisor are on my side but the middle level management makes all efforts to fail the exercise
 The fact that an audit is carried out may act as a deterrent, but
+
*i R i am bound to follow the advice of the shariah advisor without any opportunity of being heard at any independent forum
  the auditor is not and can not be held responsible for prevention
 
  of fraud and error, however, the auditor shall be held
 
  responsible for negligence and misconduct.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
WHAT ISSUES I HAVE FACED?
+
*what issues i have faced i as shariah compliance inspector i R management of the bank under inspection makes all efforts that either no inspection be carried out or if an inspection is inevitable then it should remain limited to whatever shariah advisor has approved
What Issues I Have Faced?
+
*i R sbp s management is not sure as to what extent it may interfere into the matters of the bank with respect to shariah compliance
 As External Auditor
 
      Management is of the view that I have nothing to do in
 
      respect of Shariah compliance (Even if I feel that it has
 
      something to do with the Objects of the Bank / Modaraba).
 
      Even if I have some evidence in hand, coupled with some
 
      sort of research work, I am told that the Shariah Advisor is
 
      the final authority. (I am independent, and without any
 
      disregard, he is a paid employee and a party to the
 
      transaction as he approved it).
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
What Issues I Have Faced?
+
*i R sbp s shariah board includes a member who was the government s advocate in the case against the declaration of bank s interest as haram and another member who is on a number of shariah boards and shariah advisor of a bank whose independence from this perspective is not ensured
 As Internal Shariah Reviewer / External Shariah Auditor
+
*what issues i have faced i R sbp s management changes its decisions with regard to the scope of inspection and the responsibility for inspection within various departments
      Top management and Shariah Advisor, are on my side, but
 
      the middle level management makes all efforts to fail the
 
      exercise.
 
      I am bound to follow the advice of the Shariah Advisor,
 
      without any opportunity of being heard at any independent
 
      forum.
 
Presentation By:  Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
What Issues I Have Faced?
 
 As Shariah Compliance Inspector
 
      Management of the bank under inspection makes all efforts
 
      that either no inspection be carried out or if an inspection is
 
      inevitable, then it should remain limited to whatever Shariah
 
      Advisor has approved.
 
      Shariah Advisor becomes a party along with the
 
      management, as he has approved the transactions and
 
      issued a clean Shariah review report.
 
      SBP’s management is not sure as to what extent it may
 
      interfere into the matters of the Bank with respect to Shariah
 
      compliance.
 
Presentation By:    Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
What Issues I Have Faced?
+
  ''Please note, This is an auto generated summary based on sentances position in the document and other factors''
     SBP’s management changes its decisions with regard to the
+
== DOCUMENT WORD ANALYSIS ==
      scope of inspection and the responsibility for inspection
+
=== Main Category ===
      within various departments.
+
: AlHuda Material\takaful
      SBP’s Shariah board includes a member who was the
 
      Government’s advocate in the case against the declaration
 
      of bank’s interest as Haram, and another member, who is
 
      on a number of Shariah boards and Shariah Advisor of a
 
      Bank whose independence from this perspective is not
 
      ensured.
 
Presentation By:   Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
 
  
                        Thank you…..
+
 
Presentation By: Omar Mustafa Ansari – Partner – Ford Rhodes Sidat Hyder & Co.
+
=== KeyWords ===
 +
taka islam insur malaysia productdeferred shariah countries muslim financial retakaful model growth custom partner developed service mutual bankable provided scheme
 +
 
 +
 
 +
 
 +
== RELATED DOCUMENTS ==
 +
:[[A Review of Takaful by Prof. Khawaja Ahmed Saeed]]
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 +
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 +
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 +
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:[[Takaful Products Family Takaful Linked Investment Plans by S]]
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 +
 
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 +
== DOCUMENT REFERENCES ==
 +
 
 +
 
 +
=== Number of Pages ===
 +
54
 +
 
 +
 
 +
=== Published Date ===
 +
2016-09-17 01:17:20
 +
 
 +
 
 +
== Full Document ==
 +
 
 +
 
 +
[https://www.hodhood.com/en/HodHoodDocuments/IslamicFinance/Takaful/Audit%20Issue%20of%20Islamic%20Banking.pdf Read the Full Document]
 +
 
 +
 
 +
[[Category:Islamic Finance]]
 +
 
 +
[[Category: Takaful]]

Latest revision as of 12:08, 10 November 2017


Top 20 FREQUENT WORDS

shariah 96 islamic 61 compliance 59 ansari 48 ford 48 hyder 48 mustafa 48 partner 48 rhodes 48 sidat 48 omar 47 presentation 47 financial 42 institutions 26 audit 23 auditor 22 review 22 shari 20 issues 18 finance 17


DOCUMENT KEY POINTS

  • audit sharia compliance a issues in islamic banking and finance presentation by omar mustafa ansari partner ford rhodes sidat hyder co
  • member of ernst young global limited
  • role of auditors and accountants in islamic finance i allah swt says in quran that allah doth command you to render back your trusts to those to whom they are due and when ye judge between people that ye judge with justice
  • i according to the code of ethics for accountants and auditors of islamic financial institutions accounting duly including auditing a external as well as internal is one of the professions that is required by shariah as a fard kifaya
  • i one of the critical issues the industry is facing is the matter of purity in transactions which in longer run will ensure reliance of muslim ummah in this model of islamic finance and banking
  • purity of transactions and building reliance on islamic finance i islamic banking industry is presently growing at a very high pace
  • strategy to build reliance on islamic finance and banking i a three fold strategy may help out the industry to ensure shariah compliance on an ongoing basis
  • improved governance and shariah compliance assurance for islamic financial institutions and
  • standardization of shariah compliance regulations for islamic finance i standardization is necessary to ensure that all the matters of islamic financial institutions are dealt with within a framework which is acceptable for all musli miss i internationally there have been a lot of efforts for standardization of practices being followed by various islamic financial institutions
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • standardization of shariah compliance regulations for islamic finance i the most admirable job has been performed by i R the islamic fiqh academy of the organization of islamic countries and i R the accounting and auditing organization of islamic financial institutions aaoifi
  • i in respect of governance and risk management islamic financial services board has also performed a commendable job
  • i accounting auditing and governance standards aags are issued by aaoifi s accounting and auditing standards board whereas the shariah standards board issues the shariah standards
  • introduction to aaoifi i aaoifi was established in in algiers under an agreement of association between a number of islamic financial institutions ifis
  • i these boards have been established by choosing the experts of the fields from throughout the islamic world
  • introduction to aaoifi i these boards have to date performed a remarkable job by issuing accounting governance auditing and shariah standards for islamic financial institutions
  • i serves as an international standard setting body of regulatory and supervisory agencies that have vested interest in ensuring the soundness and stability of the islamic financial services industry
  • i promotes the development of a prudent and transparent islamic financial services industry through introducing new or adapting existing international standards consistent with islamic shariah principles
  • pakistan s perspective i accounting and financial reporting i R the institute of chartered accountants of pakistan has issued islamic financial accounting standards for ijara and murabaha which are under implementation stages
  • these standards are approved by sbp and notified by secp
  • i R a shariah compliance inspection mechanism is being introduced and a shariah compliance inspection manual has been developed
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • pakistan s perspective i takaful i R takaful rules developed and now being reviewed for improvement
  • i modarabas i R all model agreements and products are being reviewed from shariah compliance perspective
  • it impacts the reputation of the islamic financial institution and deteriorates reliance of the depositors investors customers and other stakeholders in the long term and
  • shariah non compliance risk what why i shariah non compliance risk is a significant risk for an islamic financial institution from two perspectives
  • shariah compliance assurance for islamic financial institutions i rules regulations and standards might not work unless and until an effective network of check and balance is established to ensure compliance of the same in letter and spirit
  • i shariah compliance cannot be ensured merely on the basis of approval of products by the shariah supervisory boards and the shariah advisors
  • shariah compliance review report of shariah supervisory board or the shariah advisor may or may not be based on internal shariah review
  • shariah compliance audit by the external auditors of the islamic financial institutions
  • shariah compliance review by shariah advisor a issues i competence from assurance perspective i R without any disregard to the individuals and not as a generalized rule it needs to be realized that the jurists sitting on the board or working as shariah advisors possess little knowledge about the accounting and auditing and more importantly the operations of the financial institutions
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • shariah compliance review by shariah advisor a issues i R consequently their compliance review generally remains limited to the extent of assurance of the legal form of transactions ie vetting of agreements and documents etc
  • i R on the contrary the operational matters which include the substance of the transaction might remain unattended because it is not the core competence of these respectable jurists
  • shariah compliance review by shariah advisor a issues i management s attitude i R generally the management does not wish to bring each and every matter in the attention of the board or the advisor
  • i R accordingly unless they have enough time to review things on their own and they take reasonable interest in the same it is not possible for them to have a look on most of the operational matters
  • shariah compliance review by shariah advisor a issues i independence i R although we don t have any doubt on the personal independence and integrity of these respectable jurists they would themselves appreciate that the work performed under one s guidance should always be counter checked by an independent person
  • i R particularly keeping in view the human tendency of errors it cannot be advised that the person supervising and monitoring the transactions is also entrusted to recheck and audit the same
  • shariah compliance review by shariah advisor a issues i scarcity of resources time and skilled staff i R generally those on the shariah boards and on the seat of shariah advisors are busy guys
  • i R in addition they do not have sufficient budgets available for their departments nor an adequate number of skilled staff hired for the purpose of assisting them in the assurance work
  • shariah compliance review by shariah advisor a issues i R consequently you can easily imagine that it is humanly not possible for a single person to perform a comprehensive shariah compliance audit of the operations of a full fledged islamic financial institution which may even have a number of branches
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • shariah compliance audit by external auditors a issues i R according to aaoifi standards the auditor should to a limited extent ensure compliance with shariah requirements
  • but this is not being performed by external auditors as the rules do not provide any further detail
  • you would appreciate that if the auditor is not equipped with the necessary skills and knowledge the output of the assignment might not be as good as may be expected from an experience auditor and i R since the scope of the audit is pre defined and the matter of permissibility of a transaction is generally subject to the opinions and perspectives of the shariah supervisory board or the shariah advisor the independence of the exercise to some extent remains in jeopardy
  • shariah compliance audit by external auditors a issues i R since the external auditor is also entrusted with the task of performing the shariah compliance audit his expertise in islamic finance is not ensured
  • i R nevertheless since the results of such inspections are considered to be confined to the management of the bank and the state bank the benefits of such exercises cannot be forwarded to the general public
  • shariah compliance inspection by sbp issues i R this is a very good approach as it is independent and authoritative in nature
  • shariah compliance inspection by sbp issues i R moreover such exercise is limited to the islamic commercial banks and the islamic banking branches of conventional commercial banks and consequently other financial institutions that are governed by the secp including islamic mutual funds modarabas takaful companies housing finance companies investment finance companies and leasing companies shall remain out of ambit of such exercise
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • independent shariah compliance assurance by professionals i this approach is now being applied by a few islamic banks
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • shariah compliance rating of islamic financial institutions and products i R anyone having basic understanding of islamic finance would easily understand that generally all the products being launched by islamic financial institutions cannot be termed equivalent for shariah compliance purpose
  • i R there might be certain provisions in an ijara contract that may render it less desirable as compared to a similar ijara contract
  • shariah compliance rating of islamic financial institutions and products i R in addition to the products being launched by the islamic financial institutions that are subject to the approval of their respective shariah advisors and shariah supervisory boards there are certain islamic financial products that are launched by the conventional financial institutions or by various companies and even by the government
  • i R these products for example include the housing finance option offered by the house building finance corporation sukuks being issued by the government of pakistan and various government owned entities musharaka tfcs issued by the sitara energy and operating lease options offered by various leasing companies
  • shariah compliance rating of islamic financial institutions and products i R in view of the same it is imperative that a shariah compliance rating mechanism be introduced so that the general public may be able to differentiate between various products being launched
  • i R in addition this will encourage the financial institutions to continuously improve the purity factor in their financial products
  • i appointment composition and report i it is appointed by shareholders in agm upon recommendation of board of directors bod they may authorize bod to fix the remuneration of ssb
  • shari a supervisory board ssb i it is an independent body of specialized jurists in fiqh almua malat islamic commercial jurisprudence
  • shari a review i the objective of the shari a review is to ensure that the activities carried out by an ifi do not contravene the shari a
  • it is the responsibility of ssb to form and express an opinion on the extent of an ifi s compliance with the shari a
  • the primary objective of internal shari a review is to ensure that the management of an ifi discharge their responsibilities in relation to the implementation of the shari a rules and principles as determined by the ifi s ssb
  • it shall be carried out by an independent division or part of internal audit department depending on the size of an ifi
  • audit and governance committee agc i the importance of the agc for an ifi emanates from its role in i R achieving the fundamental objectives of an ifi by enhancing greater transparency and disclosure in financial reporting and i R enhancing the public s confidence of the ifi as genuine in its application of shari a rules and principles
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • objective and principles i objective to enable the auditor to express an opinion as to whether the financial statements are prepared in accordance with shari a rules and principles and the accounting standards of the accounting and auditing organization for islamic financial institutions aaoifi
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • objective and principles i principles the auditor should comply with code of ethics for professional accountants which include righteousness integrity trustworthiness fairness honesty independence objectivity professional competence due care confidentiality professional behavior and technical standards
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • auditor s report i the auditor should review and assess the conclusions drawn from the audit evidence obtained as the basis for the expression of an opinion on the financial statements it should contain a clear written expression of opinion on the financial statements taken as a whole
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • i the engagement letter documents and confirms the auditor s acceptance of the appointment the objective and the scope of the audit the extent of the auditor s responsibilities to the client and the form of any reports to be provided by the auditor
  • terms of audit engagement i the auditor and the client should agree on the terms of the engagement
  • testing for compliance with shari a rules and principles i when testing for shari a compliance the auditor shall obtain sufficient appropriate audit evidence that provides the auditor with reasonable assurance that the islamic financial institution ifi has complied with islamic shari a rules and principles the fatwas rulings and guidance issued by shari a supervisory board ssb constitutes islamic shari a rules and principles
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • fraud and errors i the fact that an audit is carried out may act as a deterrent but the auditor is not and can not be held responsible for prevention of fraud and error however the auditor shall be held responsible for negligence and misconduct
  • presentation by omar mustafa ansari a partner a ford rhodes sidat hyder co
  • what issues i have faced i as external auditor i R management is of the view that i have nothing to do in respect of shariah compliance even if i feel that it has something to do with the objects of the bank modaraba
  • i am independent and without any disregard he is a paid employee and a party to the transaction as he approved it
  • what issues i have faced i as internal shariah reviewer external shariah auditor i R top management and shariah advisor are on my side but the middle level management makes all efforts to fail the exercise
  • i R i am bound to follow the advice of the shariah advisor without any opportunity of being heard at any independent forum
  • what issues i have faced i as shariah compliance inspector i R management of the bank under inspection makes all efforts that either no inspection be carried out or if an inspection is inevitable then it should remain limited to whatever shariah advisor has approved
  • i R sbp s management is not sure as to what extent it may interfere into the matters of the bank with respect to shariah compliance
  • i R sbp s shariah board includes a member who was the government s advocate in the case against the declaration of bank s interest as haram and another member who is on a number of shariah boards and shariah advisor of a bank whose independence from this perspective is not ensured
  • what issues i have faced i R sbp s management changes its decisions with regard to the scope of inspection and the responsibility for inspection within various departments


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DOCUMENT WORD ANALYSIS

Main Category

AlHuda Material\takaful


KeyWords

taka islam insur malaysia productdeferred shariah countries muslim financial retakaful model growth custom partner developed service mutual bankable provided scheme


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DOCUMENT REFERENCES

Number of Pages

54


Published Date

2016-09-17 01:17:20


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