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KembaraXtra–Islamic Finance–Islamic Capital Market – Regulatory and Legal Frameworks of the Islamic Capital Market
-The Islamic capital market is regulated by government authorities in line with standards set by Islamic Financial Services Board (IFSB) and Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI)
-Because the Islamic capital market is still at an early stage of development, its regulatory and legal frameworks are also continuously evolving
-In most countries,the conventional capital market authority supervises both conventional and Islamic capital markets
-Despite this,Islamic capital markets also rely on Shari’ah Supervisory Boards (SSBs),which are specifically responsible for Shari’ah-related matters
-All Islamic Financial Institutions (IFIs) must be carefully regulated and monitored to protect investors’ funds from intermediary failures,ensure fair redistribution,and prevent financial crimes
-Regulatory objectives are achieved through:regulation of securities,regulation of financial institutions,and strong corporate governance at the highest level
-The unique structure of IFIs,which combines financial and Shari’ah principles,makes standard-setting and regulation more complex
-This uniqueness explains why divergent opinions exist on how Islamic financial institutions should be supervised and regulated
-Despite these challenges,significant progress has been made toward global harmonisation of Islamic financial regulation
-Key international Islamic financial infrastructure institutions working toward harmonisation include:Islamic Financial Services Board,Accounting and Auditing Organization for Islamic Financial Institutions,Liquidity Management Centre,International Islamic Financial Market,International Islamic Liquidity Management Corporation,andInternational Islamic Rating Agency
-A strong legal framework is essential to protect the Islamic capital market from misuse arising from system ambiguities
-Legal protection prevents unfair exploitation and strengthens investor confidence
-There is a strong relationship between legal protection of financiers and economic development
-Effective enforcement of legal rules positively influences the size,depth,and growth of the Islamic capital market
-Key takeaway:strong legal enforcement and harmonised regulation are critical for the long-term growth,credibility,and stability of the Islamic capital market
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