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Fatwā shopping and trust: towards effective consumer protection regulations in Islamic finance

Umar A. Oseni (IIUM Institute of Islamic Banking and Finance, International Islamic University Malaysia, Kuala Lumpur, Malaysia)

Society and Business Review

ISSN: 1746-5680

Article publication date: 9 October 2017

1011

Abstract

Purpose

This study aims to examine the phenomenon of Fatwā shopping, its effect on consumer trust in Islamic finance products and the need for effective consumer protection regulations in the Islamic finance industry.

Design/methodology/approach

The methodology used in this study is qualitative research which draws significantly from relevant regulations on financial consumer protection through analytical method to identify common themes on Fatwā shopping and consumer trust in the relevant literature.

Findings

This study finds that the increasing practice of Fatwā shopping through clandestine searches by some Islamic banks to get their new products endorsed by leading Sharī‘ah scholars requires proper legal regulation to avoid a total erosion of trust in the entire Islamic finance industry.

Research limitations/implication

Though Fatwā shopping is practiced in the Islamic finance industry, it is always difficult to get some desperate Islamic bankers to agree to this; hence, this study does not portend to examine the evidence on Fatwā shopping, but it seeks to bring to the fore the effect of Fatwā shopping on consumer trust in Islamic financial services, and the need for effective consumer protection regulations.

Practical implications

This study is expected to provide an invaluable guide and policy framework for emerging and promising jurisdictions on the need to regulate Fatwā shopping through an effective legal framework based on some best practices identified in the study.

Originality/value

Though there have been a number of studies relating to Fatwā shopping, focusing on the need for effective consumer protection regulations in the Islamic finance industry will enrich the existing literature and have significant implications for the future of the industry.

Keywords

Acknowledgements

This paper forms part of a special section “Trust and Islamic Capital”.

Citation

Oseni, U.A. (2017), "Fatwā shopping and trust: towards effective consumer protection regulations in Islamic finance", Society and Business Review, Vol. 12 No. 3, pp. 340-355. https://doi.org/10.1108/SBR-03-2017-0016

Publisher

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Emerald Publishing Limited

Copyright © 2017, Emerald Publishing Limited

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