The Shariah Advisory Council of Bank Negara Malaysia (SAC) was established in May 1997 as the highest Shariah authority for Islamic financial institutions in Malaysia. The Central Bank of Malaysia Act 2009 (CBA 2009) reinforces the roles and functions of the SAC as the authority for the ascertainment of Islamic law for the purposes of Islamic financial business which are supervised and regulated by the Bank.
The SAC assumes a pivotal role in ensuring consistent application of Shariah rulings by the Islamic financial institutions in Malaysia. The Shariah rulings by the SAC serve as a main reference for Islamic financial institutions to ensure end-to-end Shariah compliance in product structuring and implementation of their financial activities. In addition, the CBA 2009 provides that Shariah matters brought to the court or raised in any arbitration proceeding must be referred to the SAC for clarity and certainty.
The SAC provides the Shariah basis for the development of a comprehensive Shariah contract-based regulatory framework for Islamic financial institutions in Malaysia. In this regard, the SAC specifies the essential features of the contracts taking into consideration the various Shariah views, research findings, as well as custom and market practices.
The SAC members are appointed by the Yang di-Pertuan Agong, based on the advice of the Minister of Finance after consultation with the Bank. Currently, the SAC has nine members comprising Shariah scholars and practitioners with vast experience, domestically and abroad in the areas of Shariah, law, Islamic economics, and finance.
SAC References
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Shariah Resolutions in Islamic Finance, 3rd edition (2017, in BM only)
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Manual for Referring to the BNM Shariah Advisory Council for Islamic Financial Institutions (2016, in BM only)
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Manual for Referring to the BNM Shariah Advisory Council for the Courts and Arbitrators (2014, in BM only)